This was obtained from Social Security by the National Organization of Social Security Claimants Representatives
(NOSSCR) and published in its newsletter, which is not available online
to non-members. It is basic operating statistics for Social Security's
Office of Hearings Operations. Click on the image to view full size.
At my firm the number of requests for hearing went back up to something like normal in May but I don't think that will last. Many, many cases are on hold at Disability Determination Services (DDS) now waiting for that date when consultative examinations (CEs) can be scheduled once again.
By this point, I think it's time to fish or cut bait. Either try to schedule the CEs or make decisions without them. I don't think the CE situation will change fundamentally until there's a vaccine for Covid-19 and early next year is the soonest that blessed day might arrive. DDS can't keep holding onto these cases for such an indefinite period. We need to get past the mindset that Covid-19 will magically disappear in the next few weeks. Not gonna happen.
8 comments:
There's essentially no wait for a hearing right now anywhere in the country. The mill firms are likely already laying folks off.
Anyone from a mill want to comment?
The President said it would just go away with the sunlight. Seems legit to me, he is a good business leader. Did you see him stop those terrorists in Lafayette square with just his bible? Truly Amazing.
Instead of using CEs, many of who think their function is to deny claims, SSA could pay treating physicians for opinions instead of making half hearted attempts to get records, especially Mental Health records. SSA also has to pay attention to CE mills that have crowded waiting rooms with no COVID precautions. No one should be subject to such treatment.
@5:23
Not a mill, but our hearings are proceeding at the normal pace. Why wouldn't there be a wait for a hearing?
I just got a call from a OHO telling me that if my client wants a telephonic hearing they will work it up and schedule it pretty much immediately. I put in the request for hearing in April!
@1:09. Could furloughs at OHO be coming soon?
@3:59 pm. Would not be surprised at all.
The regulations create an obligation to order a CE when there are insufficiencies, such as when a claimant alleges disability due to impairments of which there is no medical evidence (which happens about 90% of the time). So this is as much an issue for claimants and their attorneys to address as it is for the agency.
And yes, they're not particularly valuable, as most examiners aren't going to find the claimant disabled based on impairments that apparently aren't seven severe enough to show up in the claimant's medical records. But the regulations say what the regulations say.
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