Is This A Local Problem Or A National Problem?
At my law firm we're seeing many cases where an unfavorable initial or reconsideration determination was made on a Social Security disability claim but nothing was mailed to us. This sort of thing has always happened in a few cases but it's happening all the time now. We only find out about the determination later when we call to ask what's going on with the case. Is this just a local problem in NC or is it national? I could easily see this being either a local problem due to NC Disability Determination Service having to swiftly adjust to having almost all of its employees working from home or I could see it as a national problem because these notices are centrally printed out.
19 comments:
I ran into the same problem here in Ohio. Had to go back and review ALL our pending initial and recon claims. Have 6-7 so far where we are clearly listed as the authorized rep, but never received the decision.
Yes that is happening to our office in Ohio. Am still reviewing all our initial and recon claims, but so far have found 7 where we are clearly listed as the authorized rep, but we never received a decision.
Here in Florida, its happening as well. Although I've had this come up in years past as well, not just recently.
Happens. All. The. Time...
We figure on about 20% of our cases.
Its been happening here for quite a while. We try to go through our cases that we haven't heard anything on for a while to catch them. If they would just expand the ERE system to the DDS level we could easily check on the status.
I had this recently happen with an ALJ Decision. Neither I nor the client got the Decision. When I followed up on it after about 60 days, I was informed that a decision had been mailed about 20 days earlier. They also mentioned that it had been "removed from central printing" and printed locally.
Yup, happens all the time in our office in MI. Haven't heard anything from my staff that it's gotten worse, however, since the shut down. So much administrative staff time is wasted following up on decisions. Can't always trust Social Security nor our clients to notify us when the decisions are made. Cost of doing business, I suppose.
Funny....I just posted my frustration w/ this to LI a day or so ago!!! I have cases in different areas around the US. I am often forgotten on Notices (of all kinds) and my copies, if received/acknowledged, are often way behind that of claimants. However, a client JUST received notice via USPS that I was (finally) acknowledged as Rep and could submit info on her behalf.........too bad the case was approved (at initial) almost a year ago! And, in today's mail, I rec'd a letter telling me a FO acknowledged my 1696 but I'd need fee agreement on record before case is app'd, if it is appd. FO had specifically written letter upon case's approval as my fee was to be offset from LTD and insurer wouldn't accept offset w/o letter!
Stangely, FO's will send me DDE and verbally confirm they have my FA and 1696!!! My 1695's up to date. My clients are instructed to ALWAYS send me copies of everything they receive; that helps.
Count me in on whatever effort you think we can initiate to right this ship.
Happens all the time in Arizona, too. I would say I get notices on fewer than 10% of my initial and reconsideration cases.
Have not seen it much here in California. But I have seen a lot more problems processing favorable decisions at the local SSA offices. Feel like many claimants are better suited coming in-person when having questions about getting paid. The phone has been a mess.
Since the offices are closed, all of the documents sent to an office via mail or fax are entered into the work track system. From there they can be sent to the electronic file and the information be entered into the RASR system. If these steps are not done timely, DDS won't know that there is an attorney and hence won't send the copy of the denial notice to the attorney. Some offices have not allocated enough people to handle the third party cases and hence the information is not entered into the system timely.
@4:09 - this was happening long before the offices closed and really the rate has remained about the same. Whatever the problem is, it doesn't seem to have anything to do with the recent closures.
I have heard they plan on expanding ERE access to initial and reconsideration levels eventually....that would be such a help. Especially with this specific problem. Anyone know if this is still in the works or when they expect broader ERE access?
@9:58 It is on schedule to be released at the end of summer/early fall 2020.
We've had the problem here in Mississippi, so I've given my clients strict instructions to contact me when they get something from SSA. I'm having less trouble with that now. I have had trouble with my forms being uploaded from the local office, but I'm having less trouble with that since the covid closings.
Going on ERE at the reconsideration level would be nice. However, getting clients to get the CD from OHO works out when you're not sure about the medical evidence, and I don't believe in withdrawing from the case once I'm in it because it doesn't look good.
It happens enough to our offices that I tell all the clients to call whenever they get a decision. (They are usually pretty good about calling on denials but have had a few favorable where they "forgot" to call and SSA "forgot" to withhold our fee.) If we do not hear from SSA within 6 months we call. (And then get chastised by SSA workers who say why didn't you call sooner? We sent out the denial months ago...) We use to call at 4 months but with slowdowns at the first two levels, pushed it back to 6. And I agree, things would be a lot smoother if we could get into the files at the first level instead of waiting to the hearing level.
This problem has existed in my area (Oklahoma). In a number of cases neither the client or my office would receive a decision on Initial Applications and Reconsiderations. My office would exercise due diligence and call the District office and in some cases would be told that the case was denied. In some of those cases the denial was more than 60 days. We usually did not have a problem filing a Reconsideration and claiming Good Cause. The district office would take our word for it that the denial was not received by the client or my office.
On the other hand, if a Reconsideration denial was not received we would have to file a Request for Hearing and make a Good Cause Statement. In most cases, the Chief ALJ in the office that I mainly deal with took the position that if Social Security says they mailed something then I believe it. He dismissed several of my cases. Then to remedy the situation we had to file another set of Applications and ask to re-open the first Application. On two cases I appealed the Dismissal and prevailed.
I also set up appointments at the District SSA office. I sat in a conference room with one of my assistants and six of the management staff of the office. They looked at the 4 cases we brought in, researched the cases and found that the Denials had never been mailed. Apparently, these were cases that were sent to a Regional office for a Quality Control check. The Quality Control office sent the cases back to DDD and DDD left the cases sitting in an electronic file in limbo. On several of those when I asked for a copy of the denial I received an undated denial. The SSA District office staff told us that they would take care of those cases. I asked them for a Statement or something in writing that I could give to the Chief ALJ because he would likely dismiss the cases. They refused to give me anything in writing. I did however, put what happened at the meeting in writing in a Claimant or Other Person's Statement and file it in the cases. The Chief ALJ did not dismiss those cases so I think someone talked to him. I never heard nonsense from him about believing Social Security if they say they mail something again.
Last week I was involved in another version of the no notice problem. I have represented a client since 2015. I filed his Application, to a hearing, Appeals Council and District Court during that time. I received a Remand from the Federal Court. The Appeals Council Remand was in January 2020. I was surprised about 15 days ago when we received a call from OHO about the hearing scheduled June 3rd. We had not received a Notice of Hearing. I called the client and he did not receive a Notice. He said that someone called him about the hearing and he told them to call me.
I called and left 3 messages with the caller. None of my messages were returned. On Thursday of last week a different person called and wanted to know what telephone number to call the client for the hearing on June 3rd. I went over my lack of dealings with the other caller and explained that the case has to be brought up to date medically. I also pointed out that I did not receive a Notice. The caller said that I did not get a Notice because I only got in the case in the middle of May. I protested that I have been in the case since 2015. In the end the caller became angry and agitated and hung up. I called the hearing office manager and had the case stricken at the mistake of SSA not because I was asking for a continuance.
I have also had the identical problem happen recently with an Appeals Council Remand. The client and I did not receive a Notice of Hearing and the OHO staff was trying to rush the case through on a phone hearing.
I have a number of additional Federal Court and Appeals Council Remands hanging around. I am going to look closely at those and keep in contact with my clients.
6:14 PM HMMM. Maybe SSA needs to send EVERYTHING through CERTIFIED MAIL. I had to send EVERYTHING to Federal Courts, SSA, etc. to prove DELIVERY. ALJs shouldn't be allowed to dismiss a case UNLESS they can PROVE the notice was DELIVERED! Don't want to pay for it? Fine. Take people at there word!
Having a client notify you is fine, I am sure we all tell our clients to notify us when they receive a decision. But, the problem is that on occasion SSA will deny a case and not send a notice to ANYONE - not the client or the lawyer. On the rare occasion that this has come up, i have found they will usually accept a late appeal with the explanation that the denial was never received. It usually gets processed ok.
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