Processing Times Continue To Creep Up Even Though OHO Receipts Continue To Drop
A report from Social Security on operations at its Office of Hearings Operations (OHO).
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8 comments:
Anonymous
said...
yep, we are now able to hold hearings for those that waited 2+ years for 'in-person' so closing those cases is making it look like processing time is up as the additional 700+ days for these cases increases the overall average.
9:02’s response makes sense. What is the explanation for the drop in the DISP/REC Ratio? Last FY it was 118 cases out for every 100 received. This FY the average is only 104/100.
Almost all my hearings this month, July, first month of line judge hearings since OHOs reopened, are either long-missing claimants who couldn't have phone hearings, or repped claimants who declined phone hearings for 2.5 years. The former cases now require ALJ dismissals to be approved by GS-13 attorneys in the regional office, and the latter cases are 2.5 years out of date -- will take a long time to complete the record and adjudicate. So July hearings are not getting closed for a long while yet. That will slow down ALJ dispositions and processing times even as hearings--held and receipts ramp back up.
This is pretty easy to understand. Take a look at the data. The number of 1000+ day class has effectively tripled this FY so far. 750, 800, 850 have all basically doubled. Why? Because there is an enormous chunk of pending cases in the hearing offices that cannot be scheduled due to either refusing phone/video hearings or, more likely, not being located and contacted to even see if they would take a phone/video hearing. I can tell you my first three in-person hearing days consist entirely of these types of cases, and I’m guessing the majority, if not all of them, will be abandonment dismissals when they fail to appear.
Conversely, note that the number of pending cases under 270 days has been relatively flat. This is due to both the lower number of receipts, the ability to more easily contact newer claimants, and the willingness of the newer to accept phone/video hearings. I’ve had a number of hearings this year with hearing request dates less than 5 months old. I have a day of hearings next week where every hearing request was made this past February.
@9:16, the issue is twofold. If your receipts are dwindling as they have been all year long and you simply can’t schedule/dispose of an ever growing number of cases due to lack of contact/agreement to phone or video, then that number will drop. You can’t dispose of what you can’t schedule, and I know I’m not alone in having my requested dockets effectively filled at 60% or so this summer. I’m not entirely sure how we were up to 118 last fiscal year.
I think the ideal DISP/REC is ~100 because it would effectively mean a 1:1 ratio and not much of a backlog. Over 100 is always better than under 100 just because you’re not going underwater. The higher numbers a couple of years ago where it could be in excess of 140 was due to substantially cutting the backlog down. When the backlog was swelling over 1 million pending, the number was regularly under 100 and actually reached 72 at one point. (See https://socsecnews.blogspot.com/2016/?m=0)
Those are just my thoughts, I guess, on why the DISP/REC are where they are now.
Inability to dismiss cases where people cannot be located, refuse to answer the phone or just will not cooperate is driving up processing times. OCALJ has revised policy to such and extent that it is almost impossible to dismiss cases - even when claimants have returned to work and are begging for OHO to quit calling and sending them mail.
8 comments:
yep, we are now able to hold hearings for those that waited 2+ years for 'in-person' so closing those cases is making it look like processing time is up as the additional 700+ days for these cases increases the overall average.
9:02’s response makes sense. What is the explanation for the drop in the DISP/REC Ratio? Last FY it was 118 cases out for every 100 received. This FY the average is only 104/100.
9:16 I suspect that the COVID held files affect the DISP/REC ratio, because we already have them and they are not counted as (newly) Received.
Almost all my hearings this month, July, first month of line judge hearings since OHOs reopened, are either long-missing claimants who couldn't have phone hearings, or repped claimants who declined phone hearings for 2.5 years. The former cases now require ALJ dismissals to be approved by GS-13 attorneys in the regional office, and the latter cases are 2.5 years out of date -- will take a long time to complete the record and adjudicate. So July hearings are not getting closed for a long while yet. That will slow down ALJ dispositions and processing times even as hearings--held and receipts ramp back up.
@4:15pm Always excuses, never bona fide answers.
This is pretty easy to understand. Take a look at the data. The number of 1000+ day class has effectively tripled this FY so far. 750, 800, 850 have all basically doubled. Why? Because there is an enormous chunk of pending cases in the hearing offices that cannot be scheduled due to either refusing phone/video hearings or, more likely, not being located and contacted to even see if they would take a phone/video hearing. I can tell you my first three in-person hearing days consist entirely of these types of cases, and I’m guessing the majority, if not all of them, will be abandonment dismissals when they fail to appear.
Conversely, note that the number of pending cases under 270 days has been relatively flat. This is due to both the lower number of receipts, the ability to more easily contact newer claimants, and the willingness of the newer to accept phone/video hearings. I’ve had a number of hearings this year with hearing request dates less than 5 months old. I have a day of hearings next week where every hearing request was made this past February.
@9:16, the issue is twofold. If your receipts are dwindling as they have been all year long and you simply can’t schedule/dispose of an ever growing number of cases due to lack of contact/agreement to phone or video, then that number will drop. You can’t dispose of what you can’t schedule, and I know I’m not alone in having my requested dockets effectively filled at 60% or so this summer. I’m not entirely sure how we were up to 118 last fiscal year.
I think the ideal DISP/REC is ~100 because it would effectively mean a 1:1 ratio and not much of a backlog. Over 100 is always better than under 100 just because you’re not going underwater. The higher numbers a couple of years ago where it could be in excess of 140 was due to substantially cutting the backlog down. When the backlog was swelling over 1 million pending, the number was regularly under 100 and actually reached 72 at one point. (See https://socsecnews.blogspot.com/2016/?m=0)
Those are just my thoughts, I guess, on why the DISP/REC are where they are now.
Inability to dismiss cases where people cannot be located, refuse to answer the phone or just will not cooperate is driving up processing times. OCALJ has revised policy to such and extent that it is almost impossible to dismiss cases - even when claimants have returned to work and are begging for OHO to quit calling and sending them mail.
Sometimes there is no answer. If reality is an excuse, then welcome to SSA. It’s a rewarding experience!!!
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