Final Regs On Law Firms Representing Claimants Cleared For Publication

     The Office of Management and Budget (OMB) has cleared Social Security's proposed final rules on the recognition of law firms representing claimants. To this point, the agency has insisted that only individuals can represent claimants. In the real world, however, there are these things called law firms and they like to do things like shift responsibility for a case from one of the firm's attorneys to another, something that is now difficult both for the law firm and Social Security. There's also the problems that ensue when an attorney leaves a law firm. Who gets the fee? This is a nice step forward for everyone, including Social Security. Expect these final regulations to be published in the Federal Register before long.

Field Office Closure

     Social Security is closing its field office in Newburgh, NY. Predictably, this is drawing opposition from local political leaders. The appropriations bill favored by Republicans in the House of Representatives would ban field office closures while failing to give the agency enough money to keep them open. How would that work?

Action In Conn Cases

     The notice reproduced below was filed by Social Security on Friday. I understand there will be more developments in the Conn cases in the near future. As always, click on the images to view full size.

At A Social Security Office In Glendale, CA Last Week

 

From the Commissioner's Twitter feed

Off Topic: Salted Peanuts In Coke Or Pepsi

     It's a slow time for Social Security news. Let me go off topic. The local newspaper did a story on the old North Carolina thing of dumping a pack of salted peanuts into a cold Coke or Pepsi. I saw that a lot when I was a boy and enjoyed doing it. I don't think I ever saw a girl, much less a woman, do it and not many grown men. I haven't seen it in years but I'm not around boys that much. I've never known how widespread a custom this is or was.

    It's actually pretty good. You get great contrasts between salty and sweet and between liquid and crunchy.

    I'm curious. Is this something you ever did? Ever saw it done?

A Poll

 

online polls

Acting Inspector General

    An otherwise negligible report by Social Security's Office of Inspector General reveals a minor detail that may interest some of my readers. The new Acting Inspector General is Michelle L. Anderson, the Assistant Inspector General for Audit. Judging by her Linked In account, she's a long time federal employee.

Real People

     From a Richmond, VA television station:

Earl Barry is frustrated with what he said has been a "demoralizing" experience navigating the process to apply for disability through the Social Security Administration (SSA). Barry told CBS 6 he has been going back and forth with the SSA on claims for more than a year.

"It's been very difficult and I am under-- I had to seek therapy because I was considering suicide," Barry said. ...

In October 2022, Berry applied for disability and was denied.

He reapplied in December 2023, but again was denied. ...

In March 2024, Barry said the company Premiere Disability filed a reconsideration request on his behalf. It's currently taking SSA seven months, on average, to respond to reconsideration requests.

Barry said Premier Disability recently informed him there could be a further delay.

"The representative found out that our appeal that we filed was not handled properly by SSA in March when they were supposed to have done it. They didn't transfer the file from the person who had it, the auditor, to the office for the appeal," Barry said.

But Barry said he can't afford to wait for assistance, should he get approved, any longer.

He said his savings have run dry and his Buckingham County house has now been foreclosed on. ...

Earlier this month, CBS 6 shared Ed Heavener's story, a Henrico County man who spent a year and a half waiting for disability and only got his money after our investigative reporters got involved. ...

After the story aired, CBS 6 newsroom was inundated with messages from people across Virginia and beyond, including Barry, complaining about customer service issues with SSA. ...

 

New Video On Commissioner's Goals

    Social Security has released a new video concerning the new Commissioner's goals. I wish I could it embed it here but I can't find a way so you'll have to click on the link. 

    Take a look and tell us your opinion.

NADE Newsletter

     The National Association of Disability Examiners (NADE), an organization for those working at state Disability Determination Services (DDS) making initial and reconsideration determinations on Social Security disability claims, has issued its Summer 2024 newsletter.

ALJs Push Annual Leave Change

     From Government Executive:

Officials with a union that represents administrative law judges at the Social Security Administration are preparing for a push to pass legislation to expand the amount of annual leave they can carry over each year. ...

The Association of Administrative Law Judges said it has been hard at work in recent months to build bipartisan support in Congress for a legislative proposal to increase that cap to 90 days. Officials said the change would be fairer to ALJs who undergo more scrutiny than most other General Schedule employees and could offer a novel way to retain a highly specialized and aging workforce. ...

[The union president] said her organization’s proposal could help the agency in two ways. First, the agency has already seen the headcount of its ALJ corps shrink from 1,645 in 2018 to only 1,170 last year. Data from an internal survey of AALJ members found that in fiscal 2023, SSA administrative law judges forfeited an average of 27 hours of leave per year due to the annual leave cap, compared to just 0.75 hours of forfeited leave on average across the General Schedule from fiscal 2019 to 2023.

At a time when the agency projects the number of initial disability determinations to increase by more than 300,000 this fiscal year—and with them, appeals of those determinations—a boost to the leave cap could allow judges to take more cases. ...

    This sounds like a hard sell to me.

Interview With The Commissioner

     The CBS affiliate in Baltimore has done an interview with Social Security Commissioner Martin O'Malley. I'll give you a fair warning that there's not much news in it. Here's something I find very mildly interesting:

... Reporter: Is it pretty amazing to you that you're here doing this? You've been the mayor of Baltimore, the governor of the state and now the commissioner for Social Security Administration. 

Martin O'Malley: I would never have dreamed, I would never have guessed, this was not a card I ever would have picked up from the table, but I was honored when the White House called and asked me to do it, because think about it, I get to travel 22 minutes in the morning across Northern Parkway to be able to serve in the national headquarters of the Social Security Administration, which serves 80 million Americans. ...

What Can We Expect On Monday?

       A tweet from the Social Security Administration:

Social Security offices will open for public service on Monday, 7/22. Staff impacted by the widespread Microsoft and CrowdStrike issues are being brought back online. Our phone lines remain operational and many online services at http://ssa.gov remain available. 

     Great, but how capable will they be of doing business? And that’s just the field offices. What about other parts of the Social Security Administration, such as the Teleservice Centers, the Program Service Centers and the Office of Hearings Operations? I know OHO was able to hold hearings yesterday but I don’t know about their work otherwise.

Field Offices Closed Due To IT Outage

    An announcement just issued by Social Security:

Due to worldwide IT outage, local Social Security offices are closed to the public today. Longer wait times on our national 800 number are expected. Some online services are unavailable at this time. We appreciate your patience while we work to restore services as quickly as possible.

    What about hearing offices?

What About The "Third Signature" Problem At The Payment Centers?

     Yesterday, we heard that Social Security was increasing the amounts of SSI benefits that could be authorized by appropriate employees at agency field offices without approval from a supervisor. This cuts down on the number of times that a "second signature" is required before a payment can go out. That helps but I think the bigger problem has been with Disability Insurance Benefits and other benefits under Title II of the Social Security Act. Individual benefits authorizers at the Title II payment centers can only approve so much without obtaining a "second signature" and if the amount goes even higher a "third signature" is required and that can take several months. They never announce these limits but I think the "third signature" threshold has been something like $50,000. A claimant with a high Primary Insurance Amount can get up to this limit with only a little over a year of back benefits. Is something being done about the Title II problem? The situation with the "third signature" cases is terrible. With inflation and higher agency backlogs there are more of the "third signature" cases. These cause severe backlogs. If you're going to do something about the SSI cases you certainly ought to do something about the Title II cases.

SSA Trying To Improve Payment Of Back SSI Benefits

     From a Social Security blog:

... Underpayments, typically back payments from the time of applying for SSI to the date the application is approved, represent money we owe for months past. People waiting on approval of SSI can experience economic insecurity while they wait for a decision.

In fiscal year 2024, our agency prioritized addressing the barriers that prevent timely payment of underpayments, not a large share of the total payments we administer under the SSI program (less than 1% annually). Overall, the SSI program has released $901 million in underpayments as of June 2024, which includes $209.1 million of our most complex and aged underpayments to roughly 81,000 people, who count on SSI as a vital lifeline. We are committed to finding solutions to challenges, such as peer reviews and installment and dedicated account processes, that have hindered timely payments.

 This year we updated a policy that required underpayments over $5,000 to be reviewed by another employee – a peer review – before we released the underpayment. In March 2024, we increased the amount from $5,000 to $15,000. Underpayments less than $15,000 can now be released without peer review. This policy change means the time it takes for SSI recipients to receive their first installment is now dramatically reduced. ...

    I wish I could say that I'm seeing improvement in this situation but I'm not. I've got a ton of backed up SSI cases awaiting payment and I see little movement. If your case gets even the least bit off the tracks, it's almost impossible to get it back on the tracks. We can't get the field offices to answer the phone. When they do answer the phone, we tell them about the problem but then nothing happens. It's a frustrating situation for us but horrific for the claimants. I'm sure it's discouraging for Social Security employees as well.

Recent Posts On Frustrated Claimants Blog

     My firm now has a second blog and it's directed at claimants rather than Social Security professionals. Take a look. Tell any claimants you know to take a look. Here are some recent posts on the For The Frustrated Social Security Disability Claimant blog:

•  A Poll
•  Have You Found That Notices From Social Security Are Hard To Understand?
•  Happy Independence Day!
•  What About Those Illegal Immigrants That They Say Are Drawing Social Security Benefits? It's A Lie
•  What Do You Like And What Do You Dislike?
•  Is Diabetes A Disability?
•  Having Trouble Finding An Attorney To Represent You? Call Us
•  How Do I File A Claim For Social Security Disability Benefits?

New Emergency Message On Collateral Estoppel

     From Emergency Message EM-24033 Disability Collateral Estoppel Policy – Change of Position

This emergency message (EM) announces the agency’s change of position (CoP) on the use of collateral estoppel to adopt prior disability determinations and decisions. ...

Beginning 7/13/2024, we will adopt our prior favorable finding of disability in a subsequent claim by the same individual for a different disability benefit or SSI payments if, in our prior final determination or decision, we have already decided that the individual is disabled for the period in question and all of the following criteria are met:

1. Both the prior determination or decision and new claim require application of the same statutory definition of disability.

2. We have not made an intervening medical determination or decision finding that the individual’s disability ceased.

3. The individual has not engaged in substantial gainful activity since the prior established onset date (EOD).

4. The EOD in the prior claim is on or before the date when the nonmedical requirements for entitlement are last met in the new claim.

5. The record with the prior favorable disability determination or decision is not in terminated status.

6. We do not have reason to believe that the prior disability determination or decision was wrong. ...

     I don't have the energy today to try to explain the concept of collateral estoppel in the Social Security world. If you don't already know you probably aren't interested in this change anyway. I'll just say that this is a modest change that helps a few claimants and which saves some work at Social Security. I never knew any reason why the policy was changed before other than generalized hostility to Social Security disability claimants.

You Can Do Your Business With Social Security By Video -- If You Can Get Through To Them By Phone.

     You can now schedule a video conference with Social Security to discuss your business with the agency. The big catch is that you have to call Social Security to schedule the video conference. As you may have heard or experienced, that's hard to do.

Milwaukee Field Office Closed For Republican Convention

     A television station in Milwaukee reports that "The Social Security Administration field office in downtown Milwaukee will be temporarily closed to the public during the Republican National Convention – Monday, July 15 through Friday, July 19."

Extension Of eSignature

     From what must be a press release:

... SSA recently released the eSignature/Upload Documents initiative nationwide. This end-to-end secure service allows customers to electronically submit some frequently used forms, such as appeal requests (SSA-501 and SSA-561) and waiver of overpayment recovery (SSA-632). Customers can also submit evidence, including the VA Disability Rating Verification, medical and school records, bank statements, tax forms and many more.

Social Security employees initiate the request by sending an email to customers with the required form. In turn, customers review the request, electronically complete, then sign the form (if a signature is required) and submit directly to SSA. ...

    I guess they must be going nationwide for what had earlier just been an experiment in the Boston region. Why does this have to be initiated by a Social Security employee?

Online Accounts Changing

     From a press release:

Today the Social Security Administration announced that customers who created an online account (e.g., my Social Security account) before September 18, 2021, will soon be required to transition to a Login.gov account to continue access to their online services. Over five million of these account holders have already transitioned to Login.gov.

The agency is making the changes to simplify the sign-in experience and align with federal authentication standards while providing safe and secure access to online services. ...

This Has Only Limited Relevance To Social Security But It's Wild

 

    From a press release:

Richard Louis Crosby III, 37, of Mason, Ohio, pleaded guilty to three counts of Social Security number fraud. His plea agreement includes a sentence recommendation of 37 months in prison.

At various times throughout his scheme, Crosby used identifying information belonging to his elderly father, his girlfriend, a deceased man and others. He falsely told at least one law firm that he was a University of Michigan football player and an ex-Marine. ...

In both June and November 2021, Crosby was indicted and charged in Hamilton County with crimes related to stealing client funds. After his indictments, the U.S. District Court for the Southern District of Ohio entered an order disbarring Crosby.

In May 2022, Crosby was arrested in both of his Hamilton County cases. He was sentenced to probation in both cases in June 2023.

According to his federal plea agreement, while Crosby’s local cases were pending, he created an email account using “richardcwilliamsesq.” Crosby used the email address and the alias Richard Williams to communicate with a law firm in Washington D.C. in June 2021. The firm briefly employed “Williams.”

In June 2022 – at which point Crosby had been disbarred in Ohio and arrested on the Hamilton County charges – Crosby used his alias to apply online for an attorney position with a law firm in California. The firm offered Crosby a position as an associate attorney with a salary of $150,000. The defendant was employed under his alias for approximately three months and used a firm email address with his alias name.

In September 2022, Crosby used his alias to apply for an attorney position with a law firm based in Miami, Florida. Crosby met with a recruiter via Zoom, and represented himself as Richard Williams, a licensed attorney admitted to the bar in New York and D.C.

Crosby then met with one of the firm’s hiring managers in Florida and was ultimately offered employment in October 2022. His starting salary was $185,000 per year with a $5,000 signing bonus. Crosby used his girlfriend’s Social Security number, passport number and banking information to complete his onboarding paperwork at the law firm. ...

In July 2023, Crosby interviewed with the founding partner of a different California law firm. He also falsely claimed to work at the law firm of Kirkland and Ellis. After the founding partner asked Crosby to verify with whom he worked with at Kirkland and Ellis, Crosby withdrew his interest in the job.

A few days later, Crosby again used the alias to attempt to obtain employment. He interviewed over Zoom with senior management of a law firm located in Coral Gables, Florida. Crosby doctored a “screen shot” of the name Richard Coleman Williams Jr. in the online D.C. bar membership directory to attach with his resume.

The firm offered Crosby a starting salary of $195,000 per year with a $10,000 signing bonus, but eventually determined Crosby was using a false identity and did not hire him.

In August 2023, the defendant applied for a job at another law firm. The firm, located in Michigan, sent Crosby a letter offering a salary of $145,000 per year and a $10,000 signing bonus. When his credential information had discrepancies, the firm terminated their working relationship before issuing Crosby’s first paycheck.

In September 2023, one month prior to his arrest on federal charges, Crosby used a different alias to apply for a job at another law firm in California. He claimed that he was a University of Michigan football player and an ex-Marine.  Crosby was hired as an attorney at a salary of $250,000 per year. He used the Social Security number of a deceased man from North Carolina in his tax paperwork to the firm. ...

    This has the feel of a guy suffering from bouts of mania associated with bipolar disorder.

New Policy For Reopening Due To New Five Year Past Relevant Work Standard

     From Emergency Message EM-24023: 

Beginning June 22, 2024, adjudicators will reopen a prior final agency determination or decision based on the PRW CoP [Past Relevant Work Change Of Policy] if the application of the PRW rule at the time of the prior determination or decision would have resulted in a more favorable determination or decision. 

All of the following conditions must be met to reopen based on the PRW CoP: 

• The claimant or SSA/Disability Determination Services (DDS) (or both) questioned the determination or decision in writing within one year of the date of the notice of the initial level determination on the prior claim. 
• The questioning occurred after, or was pending as of, June 22, 2024. 
• The prior claim was denied at step four or five. 
• The denial depended on a finding that the person had PRW that was last done more than 5 years earlier, transferrable skills from PRW that was last done more than 5 years earlier (without continuity of skills to PRW within 5 years of the prior determination, see DI 25005.015C), or PRW that started and stopped in fewer than 30 calendar days. 
• A revised determination or decision applying the current rules (PRW rule) would be more favorable to the claimant than the prior final determination or decision that would be reopened. ... 

What do we mean by questioning the prior final agency determination or decision in writing?

We consider the claimant or SSA/DDS to have questioned the prior final determination or decision in writing if one or more of the following conditions exist: 

•  The claimant files a written request to reopen the prior final determination or decision. 
• The claimant files a new claim alleging disability began in the period adjudicated in the prior final determination or decision (implied request for reopening). 
• The claimant files a new claim and the adjudicator, on the adjudicator’s own initiative, finds the reopening conditions above are met.
• SSA or the DDS questions the prior final determination or decision meeting the reopening conditions above. ...

    I don't see anything in Social Security's statutes or regulations requiring that reopening must be requested within one year of a prior determination. The standard is four years for Title II and two years for SSI. This dramatically limits the effect.

Bill To Cut Social Security Funding Advances

     From Government Executive:

The House Appropriations Committee voted along party lines Wednesday to advance appropriations legislation that would cut the Social Security Administration’s administrative budget by $450 million next fiscal year. ...

During Wednesday’s committee markup, Rep. Dutch Ruppersberger, D-Md., who will retire at the end of this year, filed an amendment restoring the $450 million in cuts, which would bring SSA’s funding flat with its current annual appropriation of $14.2 billion. He warned that, if enacted, the GOP’s proposed cuts would further exacerbate the agency’s customer service crisis. ...

Rep. Robert Aderlholt, R-Ala., who chairs the subcommittee responsible for the bill, defended the cuts, claiming that they would only affect headquarters staff and not any field offices.

“Despite what you may have heard, no field offices will be closed because of this bill,” Aderholt said. “The 4% cut to SSA would come from the $3 billion that Social Security has budgeted for its Baltimore and Washington, D.C., offices, where 61% of the workforce is fully remote. SSA’s mission is customer-facing and it serves America’s most vulnerable population and this egregious use of telework is insulting to them.”

But Rep. Steny Hoyer, D-Md., said Aderholt’s assurances ring hollow.

“Now, the chairman says that no field offices will close,” he said. “Why does he say that? Because he directs, in the bill, that ‘no field offices will be closed.’ Poof, magic! He didn’t ask SSA whether that would be, he just directed it in the bill . . . The population keeps going up, and the senior population certainly keeps going up, and your assertion that somehow the expenditures to service those rising numbers is static is incorrect. Your math doesn’t work.”

Ruppersberger’s amendment failed by a 31-23 vote.

Legionella Found At Social Security Headquarters

       From Federal Times:

Elevated levels of Legionella bacteria were recently detected in water fixtures during routine testing at the Social Security Administration’s headquarters building in Woodlawn, Maryland, officials said. 

A spokesperson for Social Security said in a statement to Federal Times on Tuesday that after a broad sweep of water fixtures, some came back with elevated levels, which is not unusual given testing experts have told the General Services Administration that roughly half of the water samples they take come back positive. 

Upon retesting, only “a small subset” of water sources in the main campus building indicated elevated levels, according to the official. Impacted fixtures have been removed, and the spokesman said employees have been notified. Officials also said they’ve flushed the system, which helps disrupt any film that have developed over water sources and stops the growth of any naturally present Legionella. …

A Poll

 

online polls

OHO Operating Stats

    A statistical report from Social Security on performance at its Office of Hearings Operations:

Click on image to view full size

 

Report On Ennis Raises Questions

     From  the the Integrity Committee of the Council of the Inspectors General on Integrity and Efficiency (IC):This investigation began in May 2022. Why did it take them more than two years to finish this simple investigation?

The IC finds by a preponderance of the evidence that IG [Inspector General] Ennis abused her authority and engaged in conduct that undermined the integrity reasonably expected of an Inspector General. In pertinent part, the IC finds that IG Ennis made incomplete, misleading, and inaccurate representations about another OIG [Office of Inspector General] to various government entities; failed to retract, withdraw, or otherwise modify those representations when informed they were untrue; and then wrongfully obstructed the IC’s investigation of her and other SSA OIG executives. Rather than recusing herself from an investigation that concerned her own alleged misconduct due to the inherent conflict of interest, she participated personally and substantially in her official capacity in the SSA OIG’s decision-making regarding the IC’s investigation into her conduct, in clear violation of federal ethics requirements and despite being reminded by the IC in March 2024 of her obligation to recuse herself because the matter being investigated affected her personal interests.(footnotes omitted)

    This investigation began in May 2022. Why did it take them more than two years to finish this simple investigation? Why do they have no criticism or any real discussion of Ennis concerning the substantive allegations made against her? Why did they release this on Friday, July 5 in apparent hopes of burying the story? Why did they tip off Ennis in advance so she could quit her job just before this came out? Is no criminal referral warranted? Why was such a spectacularly unfit person allowed to stay in her job this long?

I Thought That Job One At The Payment Centers Was To Pay People

     From Reducing Processing Centers’ Pending Actions, a report by Social Security's Office of Inspector General (OIG):

...  SSA met its annual PC [Payment Center] pending actions performance measure goal in 4 of the 6 FYs [Fiscal Years] between FY 2018 through 2023. SSA reported it did not meet its goals in the remaining 2 FYs because of unexpected staff reductions, increased workloads, and less than expected overtime funding it would have used to pay employees to process more PC pending actions.

Although SSA achieved its PC pending actions performance goals in 4 of the last 6 FYs, there was no overall reduction in PC pending actions over those 6 years. In fact, the PC pending actions backlog increased from 3.2 million in FY 2018 to 4.6 million in FY 2023. As the backlog grows, many PC pending actions remain unresolved for long periods of time. From a sample of 139 pending actions, 102 (73 percent) were pending for 300 days or more, with 60 of the 102 pending for 500 days or more.

Delays in processing PC pending actions can lead to higher improper payments, which increased some beneficiaries’ financial burden as they waited longer for underpayments or were charged with increased overpayment amounts. If SSA resolved the PC pending actions we reviewed at the earliest possible instance, we estimate it would have determined approximately 528,000 beneficiaries were improperly paid approximately $534 million. After the pending actions were not processed for 12 months, the improper payment amount for those same beneficiaries rose to approximately $756 million. By the time of our review, many of the PC pending actions had been pending for longer than 12 months, and the improper payment amount had increased to approximately $1.1 billion.

    Notice that it didn't seem to bother OIG that the payment centers were frequently failing to pay benefits for long periods of time. The only thing they seemed to have been concerned about was an increase in overpayments. This in a nutshell is the OIG outlook on the Social Security world -- It doesn't matter when or if you pay claimants what they're due; the only thing that counts is that you not overpay them. That outlook is a prescription for disaster for claimants.

Little Support For Cutting Social Security

     Poll results from the Pew Research Center:

Happy Independence Day!

 

July 5?

    I haven't heard. Are Social Security field offices open to the public on Friday, July 5?

 

    Update: I posted this over three hours ago and no one has responded! I may not be the only one who doesn't know the answer to this question.

But It's Only Been Six Months! Maybe If We Wait Longer He'll Get Better

    From some television station in Atlanta that likes to hide its call letters:

...  For the Dickens, the unthinkable occurred in January when James had a stroke, his wife Schantalyn told 11Alive. The couple had only recently married in November 2023. 

"You plan on getting married, and after getting married, you plan on a happily ever after," Schantalyn shared. "It was so unexpected. We didn't know that the morning of January 5 at 3 in the morning, James would have a massive stroke."

Since his stroke, James has been recovering in a nursing facility. Meanwhile, Schantalyn continues to check in with eligibility officials to see whether her husband's disability claimed has been reviewed and approved. ...

[T]he time it takes to process cases varies widely. The national average for making an initial disability determination is 187 days, while in Georgia, the determination takes an average of 287 days. South Carolina tops the list for wait times, with 325 days for initial determination. SSA attributes much of the delays to staffing challenges.  ...

This Looks Awful

     From WFTV in Orlando:

Jennifer Groover has received Social Security since she was 6 years old because she has Down Syndrome.

But 38 years later, the Social Security Administration has taken away those benefits, her only income, because they said they had no evidence or documentation right now saying she has the disability.

“We’ve got one letter that she needs to go to work,” Cynthia Groover, her mom, said. “Yeah, they said we’ll help her get a job. She can go to work. She can barely walk. Her legs and feet are so bad. She’s so full of arthritis, and there’s no way she could walk. No, she can’t. She doesn’t have the mentality to hold the job.”

In July of 2023, the family received a letter giving them 10 days to respond.

If not, the SSA said it may have to make a “finding of not disabled because of insufficient evidence.”

Notes from the Groovers said they could not get anyone to answer after they left 16 messages. ...

But on July 15, 2023, her benefits stopped after they decided “she was no longer disabled.” ...

In that year, they were evicted from their home and have struggled every month to pay their bills. ...

There has been some movement in her case.

The Groovers tell Channel 9 that Social Security wants them to get a blood test to determine if Jennifer has that extra chromosome, which has not happened yet. ...

    In case you don't know the law, the Groovers don't have to produce any evidence whatsoever for their daughter to stay on benefits. The burden is squarely on Social Security to produce evidence that this young woman has improved. The agency's inability to find its old file isn't reason to cut her off benefits. 

    You would think that anyone would realize that Down Syndrome won't go away or get better with time but you never know just how foolish these things can get. I've had a client with retinitis pigmentosa denied because there was no recent evidence that she was blind. The old evidence wasn't enough. If you know anything about retinitis pigmentosa, you know it's a one way trip. Once your vision is gone, it's gone for good and there's no more point in going to an eye doctor.

Telephone Hearings Predominate -- Is That A Good Thing?

     From a recent presentation by the Commissioner of Social Security:

Click on image to view full size

    What if I told you that claimants who show up for in person hearings with an attorney win 5% more often than represented claimants who have telephone hearings? I can't tell you that because I don't know. I've seen no stats on this. Maybe there's some difference. Maybe there's not. You'd think that Social Security could generate those numbers but if they've compiled them, they haven't released them. And don't give me aggregate numbers on telephone hearings. We all know that unrepresented claimants with in person hearings lose most of the time because they couldn't find an attorney to represent them and either didn't show up or show up and lose because of the same problems that made it hard for them to find an attorney.