Social Security has sent out a directive that Social Security employees will no longer provide CDs of hearing files for attorneys and others representing claimants at the hearing level. The only exception of consequence is for cases that are not electronic.
I wish the directive had said explicitly that this does not apply to prior case files. Many, perhaps most, hearing office employees are unaware that Social Security's systems do not allow electronic access to prior files. They can easily see prior files on their system but attorneys and others representing claimants cannot see prior files unless someone at the agency provides them on a CD. This is one of many annoying problems with the current system.
13 comments:
The treatment/exhibiting of prior file evidence is tedious and maddening in and of itself policy-wise. The eBP section(s) dealing with it span pages and cover multiple scenarios--was the prior file paper or electronic? Were prior documents finally marked as exhibits? etc. etc. While we can and should most definitely have separate apps/claims, we should keep one master file--at least a single medical one for disability purposes--for each claimant. Multiple files is a nightmare.
Re "Many, perhaps most, hearing office employees are unaware that Social Security's systems do not allow electronic access to prior files" -- I've had MANY ODAR employees tell me to generate my own barcode. Clearly they have no idea what we do and do not have on our side of the bench.
Why we cannot have a more cordial, assistive relationship to mutually develop the record (rather than an adversarial/suspicious relationship that seems to be taught in their training) is beyond me and beyond the spirit of the Act.
I think it all depends on the ODAR how staff are. At some ODARs, they are very nice and cooperative. At others, they tend to be more suspicious and adversarial towards both claimants and claimants reps. I believe that all stems from the culture instilled from the Chief ALJ and HOD down. I think that culture also explains why at every office with one outlier denier ALJ, you find several other outlier denier ALJs.
Out here in California, most ODARs still handing out CDs this week. But I have broken out my rusty laptop for most cases. No big deal as long as my office staff downloads the exhibit file near the hearing.
Should not be a big deal if an attorney owns a laptop.
In some Midwest offices, they don't put the most recent New Wage, Hire, UE report in the file till the day before (or sometimes hours before) the hearing.
2:50: exactly. We download the electronic file when the hearing is scheduled and rely on the CD at the hearing to check for last minute additions. It's not possible to download a file the day before a hearing because it often takes time to get a code and the site is often slow or not immediately accessible. Unless ODAR begins adding the wage reports sooner than immediately before the hearing, I can see this becoming an issue at the hearings.
Just another problem the folks in the ivory tower have created. This will actually result in MORE delays and postponements of hearings. If I show up at a hearing and ODAR just slipped additional evidence into the file in the last 24 hours, they will need to provide me with a printed copy or allow for a postponement.
I am expecting someone to say just get a data plan for your lap top and download the updated info yourself. That's all well and good except I can't get any cell phone reception at our local ODAR. What then?
"ODAR just slipped additional evidence into the file in the last 24 hours" - the only evidence other than the evidence, you the attorney has submitted or the New Hire done before the hearing which if the attorney was to communicate with their claimant before the hearing they could ask the claimant if he/she has been working - so what exactly is the problem.
In terms of prior files, the stapling function on Eview was developed so prior files could be seen by attorneys. The only glitch is that the Appeals Council exhibits evidence but mandates that those exhibits never been marked which makes the whole file unavailable for stapling.
"or the New Hire done before the hearing which if the attorney was to communicate with their claimant before the hearing they could ask the claimant if he/she has been working "
Thanks for that brilliant piece of advice. Really. I wish I had thought of that one before! Those of us who actually practice in this field know that claimants often try to hide work activity from their attorneys (or at least drastically understate it). I think that many of them honestly believe they will be able to keep it secret without it showing up on the Matrix.
@9:33pm. Sadly, we have found ALJs in our ODAR to slip in ME interrogatory responses into the file at the last minute without ever proferring them to counsel. It's not just new hire queries.
@2:50 and @4:50
No you know how an ALJ feels when you show up to the hearing with a pile of records.
Additionally, if you want to know what your client earned in the most recent few months...just ask them.
I'm an insider and embarrassingly don't know, but someone alluded to this above:
Can reps copy claim files from ARS in a meaningful, easy to use way? When I first got this guidance I wondered how it would work since y'all don't have access to the e-file either in the prep rooms or the hearing rooms. How would you review evidence before/during the hearing without a CD? What if there's last-minute evidence not from you? I guess an ALJ could always leave the record open for you to review and brief it.
Can reps copy claim files from ARS in a meaningful, easy to use way?
They can download exhibits or files in .tif or .pdf format. With the right software, they can use OCR to make the files searchable but some things OCR better than others.
How would you review evidence before/during the hearing without a CD?
We'd download the file and look at it on our own computers. A lack of wifi in many hearing offices means we'd have to download it in advance to have it available for a hearing. I don't think many offices will allow reps to put CDs or thumb drives in the SSA computers in the hearing rooms, so those are effectively worthless to us now.
What if there's last-minute evidence not from you? I guess an ALJ could always leave the record open for you to review and brief it.
That's what we'd hope they'd do. But not all ALJs are that compassionate/reasonable.
Post a Comment