Fifty members of the House of Representatives have written a letter to the President urging that the Social Security Administration be exempted from the hiring freeze he ordered for most of the federal government. They're all Democrats so they probably won't even get an acknowledgment letter in response.
Plans are under way to hire another 50 Judges and 200 support staff.
ReplyDeleteYea, I heard about the "freeze" but we are hiring as normal in our region.
ReplyDelete@10:07 I am glad to hear that because it is needed. I must have misunderstood what the freeze entailed. Does that mean maintain staff at current levels (if one leaves one can be hired)? Or was the announcement of a freeze just for show?
ReplyDeleteOur local office is already at a freeze. If one leaves, one is promoted; no one is hired. I'm not sure about ODAR but it looks pretty sparse.
ReplyDeleteSSA, like everyone but outfits related to defense/the war machine is under President Trump's 100-day (at least, for now) hiring freeze.
ReplyDeleteSince ODAR has that $150 mil from the CR burning a hole in its pocket, SSA asked for an exemption to the freeze from OPM to hire 200 ODAR staff and 25 (I see 50 above, but I thought they said 25 on the last all manager call?) more ALJs. And we got it. That's what has happened.
Raise of hands. How many here truly believe that after,what the right wing thinks of, liberals' 8 year of orgy are the Republicans going to listen, never mind follow,to their advice now? Seriously!
ReplyDeleteHopefully you get this is all optics. Its so local staff can tell constituents the member sent a letter communicating your concern
ReplyDelete4:26 - If by orgy you mean 8 years or relative peace and prosperity, then yes, hopefully some conservatives will listen. But I guess the money to build up for the next Republican war has to come from somewhere, even if that entails longer lines at the SSA office.
ReplyDeleteTrump is not listening to his own side why would he listen to the Dems. As they are saying, "We won the election" which translates to "We got the mandate to run the country into the ground"
ReplyDeleteDoesn't anybody here find an $18.8 TRILLION national debt scary?
ReplyDeletePick a year in US History without a debt?
ReplyDeleteDebt for government is not the same as debt for individuals. A lot of conservatives either do not understand this or they do and they use the fear of debt to justify austerity. Basically governments will never retire or die they will live forever so they can carry large amounts of debt for longer periods of time and continue to prosper.
ReplyDeleteIt doesn't matter much!! Because this is an agency unfriendly and unwelcoming to Asian-American employees. It has obviously shown via management trainee selections. Furthermore nationwide, the field employees from this silent group experiencing multitudes of harassment and intimidation by untrained and uneducated management people. It's more pathetic than just sad!!!!!
ReplyDeleteWhy do Senators invite you to contact their office in front of people for their help in dealing with SSA if they can't really help you? The only answer I can come up with is because they want the voters to think they care about the disabled. Why can't they actually help you? Seperation of Powers? What's the point of having judges if they jusf regurgitate what DDS said two years earlier?
ReplyDeleteTim, Im sorry you were denied by the ALJ. Do you plan to appeal or reapply?
ReplyDeleteAppeal! Any suggestions?
ReplyDeleteReading this decision was soooo reminiscent of reading the Wells report (NFL vs. TOM BRADY), and just as "independent." There are errors of fact, errors of assumptions, dismissal of witness statements, and dismissal of facts and opinions that are contrary to the narrative that he choose. The VE claimed a skill level of SVP-7, because I had the title of "shift manager" at a convenience store. I NEVER had ANY of the responsibilities or skills of a SVP-7, which would be the STORE MANAGER. I was not even a first or second assistant. I tried explain that I was a glorified clerk, an hourly employee. The only thing the title meant, was that I could be in charge, occasionally, when the Manager or assitants were away. There were atleast 4 or 5 other "shift managers" that worked at the store at any given time. I made about a dollar more an hour than the 16-18 year-old high school students. SVP-7 skill levels require 2-4 years of training. I only worked at the store 27 months and I never received any training after the first 2-3 weeks. One of the three jobs the VE claimed I could do reqiures a SVP-7 skill level. The other two require frequent, repetetive use of hands... writing, typing, cash counting, etc. and don't allow for claimant to stand, walk, stretch, etc. as needed. These are in direct conflict of a statement from one of my doctor's, my statements and my witness statements. Furthermore, he ignored all the nonexertional limitations. My eyes give me headaches 2-4 days a week,blurred vision, etc. On top of that, 3-5 days a month, these headaches escalate to pounding migraines, which often cause gut-wrenching vomiting. The ONLY thing I can do for these migraines is sleep, generally from 12-14 hours. Sometimes as much as 18-20 hours are required. There's no chance I could SUSTAIN working these 2 jobs.
ReplyDeleteTim,
ReplyDeleteSA-27 here. My advice is to keep appealing. Either you, or your attorney, if you are represented should have cross examined the VE at the hearing in much the same way as you conveyed in your remarks above. For example, you should ask the VE, "Would I be able to perform this/these jobs you identified if you further take into account I have gut wrenching migraines 3-5 days a month which last from 12-20 hours, causes frequent vomiting, restricts me to lying down in a dark room trying to sleep, causes incapacitating pain, and completely precludes me from being able to concentrate on even the most rudimentary, simple, 1-2 step tasks?
If the VE was cross examined like this at the hearing and admitted you could not perform these jobs under such circumstances, state this in your appeal. If not, point out to the AC the medical records which document you have these limitations, and assert neither the ALJ or VE took this into account. This is one of numerous argumentsI suspect you can make on appeal based on having read many of your comments.
You have also indicated you have very severe ankylosing spondylitis - Perhaps yours is of a Listings level of severity? Look at your MRI's, and read through the musculoskeletal listings of Appendix 1.
In my 27+ years, I wrote many denial decisions which likely would not have been denials, had the claimant had an Attorney who actually knows and understands SSA Disability Laws, submits a pre-hearing brief with all relevant arguments, and appropriately cross examines a VE at a hearing. Unfortunately, there are many claimants attorneys and reps who only come to the hearing and hold the claimants hand.
The bottom line, Tim, is to keep appealing. Pay very close attention to the number of days you have to file the appeal, and be sure to file your appeal(s) on time. While the AC functions more as a rubber stamp approving ALJ decisions right now, your prospect for obtaining a favorable decision at USDC is good. The last thing you should do is not file an appeal, but start all over.
ReplyDelete4:08 PM I did! He put his hand up and glared at me, as if to shut me up. Then, he never gave me an oppurtunity to at least get an explanation. He also refused my supboena of PT for FCE, without notice. Furthermore, he ignored my protests of the FCE, specifically, that her instructions were in direct conflict of those from the Blankenship manual. The instructions she gave guaranteed that I would be "malingering" by her, because it invalidated the observational tests. I don't know if this was purposeful or just not understanding the test. He then uses this to suggest that I am exaggerating my pain. Yet, on the Purdue pegboard test, I passed, but only in the 17 percentile. I barely passed, the totally testing was 9 minutes and I told him that there was no way I could have maintained the pace for even a few minutes more. The pain in my back, shoulders and hands was growing exponentially! He doesn't even mention this in his decision. He has my RFC at sedentary with frequent handling. Also doesn't mention the migraines I have, at least 3-4 a month. I am curious... why did he change my onset date due to an unsuccessful work attempt if he wasn't going to approve me? Was he trying to give me a meaningless gesture?
ReplyDeleteI'd also like to point out that my hemifacial spasm was really going crazy during the hearing. Especially at the beginning. This happeens 20-30 times a day, even with botox, and can be really distracting. I was having a lot of trouble finding things in my notes!
ReplyDeleteMigraines are called headaches. I have 3-5 headaches a week, which don't repond to pain killers, caused by my eyes. These range from somewhat mild to intense, lasting 2-5 hours. When they don't subside, they intensify into throbing migraines, almost always on my right side. Also ignores the dizziness, etc. Hemisfacial spasm is mentioned, almost as an afterthought. Granted, it trivial, compared to the migraines. They get so bad that I get crazy thoughts, like cutting out my eye. I often wonder if Van Gogh had intense pain in his ear. Because if he had pain like I do for my eyes, I wouldn't think it's that crazy for cutting it off!
ReplyDeleteTim,
ReplyDelete4:08 here again. I think the ALJ was in error to stop your LEGITIMATE cross examination of the VE. He got what he wanted from the VE, and was likely afraid of what the VE responses would be to your questions. The ALJ was in error to do this, so make this argument on appeal. The AC may even remand for another hearing based on this argument alone, especially if it is confirmed in the hearing transcript. Moreover, the ridiculous emphasis on numbers, and for ALJ's to schedule an inordinate number of hearings each week, causes many to cut corners, and speed through hearings in such a manner as to deny claimants due process. Inasmuch as your cross examination of the VE appears legitimate with understanding of the medical evidence and the process, the ALJ was in error to cut you off. I can see an ALJ stopping a rambling claimant whose questions clearly reveal they have no understanding about what they are doing, your situation is entirely different. Further, I think all of the arguments you made above are very good, and you should make these again on appeal.
Tim, I cannot encourage you enough to keep appealing. As I said, the AC functions as a rubber stamp in favor of the ALJ's now more than ever, but do not let this stop you. Having read your comments for some time now, I believe you have a winnable case. Please do not give up, or start all over.
One reason I mentioned tryout ankylosing spondylitis may meet the Listings, is because if that is, indeed, the case, you would not have to factor in all of these other medical-vocational issues. Listings are often easily overlooked by ALJ's, especially if no arguments have been made in writing before the hearing pointing out why you meet a Listing. I am familiar enough with ankylosing spondylitis and everything you have said about your eyes, and other symptoms associated with this condition, to know solid arguments can and should be made that you meet this musculoskeletal listing.
Tim, did you have a knowledgeable attorney, or did you represent yourself?
Tim, I believe the potential for a favorable outcome on appeal is high for you, especially at the USDC level. It's going to take another couple of years to get there. If you are not represented by an attorney with a lot of experience handling SSA Disability appeals, I encourage you to retain one. Because you said your symptoms sometimes interfered with your ability to make arguments at the hearing, having an experienced, knowledgeable attorney at the hearing to assist you would be quite helpful.
9:51 AM Thank you, so much! As for the ankylosing spondylitis, it's based upon a measurement, which has a poor correlation with symptoms. Frankly, I thought that the listing, based upon my reading of it, that was most likely equaled was Major dysfunction of a joint(s). According to the listing, you need 1 major joint in each upper extremity (hand, shoulder, elbows), resulting in inability to perform fine and gross movements effectively. The 3 job she claimed I CAN DO sound more like CONSTANT use of hands... With my shoulders and hands... not bloody likely I could work 10 hours a week. Certainly not able to SUSTAIN 10 hours a week!
ReplyDeleteThis comment has been removed by the author.
ReplyDeleteTim,
ReplyDeleteThe specific Listing for Ankylosing Spondylitis is 14.09 (C) ((1or 2), or (D), under the category Inflammatory Arthritis." Although (C) 1 & 2 deals with specific measurements, these are different from the ones you mention from Listing 1.02. 14.09(D) is more general and does not have the specific measurement requirements. It also gets into fatigue, malaise, restrictions in daily activities, your ability to maintain concentrate, persistence, and pace, etc.
Before each section of the Listings in Appendix 1, there is a very detailed explanation about how the Listings should be applied, etc. In 14.00(D),(6), it talks about the extra-articulated features commonly associated with these types of inflammatory disorders, such as severe fatigue, malaise, ophthalmologist conditions like uveitis, and a whole host of others. See 14,00,(D), (6), (iii). Then look at 14.00(H) & (I) for further clarification.
I would also argue you meet Listing 1.04, "Disorders of the spine." This does not appear to require the specific measurement requirements of some of the other Listings. Section 14.00 additionally allows for quite a bit a leeway to make arguments concerning the severity of your pain, fatigue, malaise, and other extra-articulate symptoms, such as uveitis, etc., caused by your ankylosing spondylitis.
Malaise could mean almost anything... feeling something's not right, depression, pain... as for fatigue, I often fall asleep while microwaving something. As for concentration, I'll put something in the microwave, go sit down and wait a couple of minutes for it to cool a little. Then say to myself, I'm hungry. I'll grab something, start to open it, then realize I've got something in the microwave.
ReplyDeleteThank you, Tim
You are welcome, Tim.
ReplyDeleteSA-27
Spent 45 minutes trying to get this SSA cd to work on pc. My hands and shoulders and upper back are killing me to the point where I had trouble keeping up with the instructions from person on the phone... and they think I can do this 40 hours a week? Right?
ReplyDeleteI don't mind a hiring freeze. If they would get rid of all the lazy and incompetent employees at SSA/ODAR there would be plenty of budgetary funds to use.
ReplyDelete