You Can Issue Orders But You Need Personnel To Execute Them

      From Emergency Message 26-011

… We are establishing new timeframes for early case actions for certain priority case types at the initial level of adjudication. Staff must follow the instructions in this EM until we publish the revised POMS.

· Presumptive Disability or Blindness Cases


IMPORTANT: A claimant, including a child, applying for Supplemental Security Income (SSI) based on disability or blindness, may receive up to 6 months of payments prior to the determination of disability or blindness if he or she is found to be presumptively disabled or blind and meets all other eligibility requirements. To make a PD or PB finding, the available evidence must reflect a high degree of probability that the claimant’s impairment or combination of impairments meets the statutory definition of disability or blindness. The FO will add PD/PB flag in EDCS prior to DDS case transfer.


FO/WSU
o The FO or WSU must schedule an appointment within 3 workdays of claimant contact or referral from the 800 number.

o FO/WSU enters disability information into EDCS and within 2 workdays transfers to the DDS for certified electronic folders, and within 7 workdays for non-certified electronic folders. 



DDS


DDS must receipt cases within 2 workdays of FO/WSU transfer (7 workdays for non-certified electronic folders) and assign to an adjudicator by the next workday. 
· Inquiries from Public Officials 


IMPORTANT: An inquiry from a public official is a request for information that comes from a U.S. Congress member or state or local official about a disability claim. Cases with an inquiry from a U.S. Congress member are flagged as Congressional Inquiry. Cases from any other public official are flagged as Public Inquiry. For the purpose of this EM, inquiries from public officials other than Congress members are referred to as “Non-Congressional.”

IMPORTANT: For “Inquiries from Public Officials,” prioritization means providing a timely and responsive answer to the official, not expediting the related disability case unless it already qualifies for expedited processing (e.g., CAL, QDD, Terminal Illness (TERI), Dire Need). Administrative staff should ensure prompt communication with the official and review the case for any expedited processing flags.

FO/WSU



Congressional and Non-Congressional Inquiries: 

Upon receipt of the inquiry, review and reply to the inquiry within 20 workdays. If the claim, matter, or issue does not meet criteria to be expedited, provide an interim response and set a diary to provide a response every 30 days until case processing is complete.

DDS

Congressional and Non-Congressional Inquiries: A response is due within 7 calendar days from the date of receipt of a congressional inquiry and 14 calendar days from the date of receipt of a non-congressional inquiry. Inquiries referred to SSA by the White House should receive a substantive or final reply within 9 working days. A final reply is due within 20 calendar days after the date of the acknowledgement. If the DDS cannot make a final reply within that time-period, send an interim response. Make any subsequent communication, either interim or final, within 30 calendar days after the date of the prior reply to the inquirer. 

 

· Delayed Cases 


IMPORTANT: Delayed cases are those which are at a work station for a time considered to be excessive when measured against normal case processing experience. The period of time for considering a case “delayed excessively” is normally 70 calendar days. To effectively identify such cases, a flagging procedure is followed at the various work stations, i.e., Field Operations, WSU, Risk and Quality, Central Operations Portfolios, and DDS. A flag attached at one station will remain on the case through all subsequent operations including final handling in Central Operations/Processing Centers. 

IMPORTANT: The “Delayed Case” flag is not applicable at the Hearing or Appeals Council adjudicative level, as these components do not use this flag when applying standards for case processing. 

FO/WSU


Any initial-level case in the FO/WSU that has been delayed excessively from the filing date of the application must be flagged for expedited processing and transferred within 2-3 workdays after receipt of all necessary information. 

DDS

The DDS must assign a case within 2–3 workdays to initiate case development upon receipt of:
o An initial case from the FO/WSU that meets delayed case criteria, or any other shorter period as specified by the Central Operations/Processing Centers, if the case has not been properly identified as a delayed; or

o Any case, including reconsideration cases, continuing disability review (CDR) cases, or cases returned by the Central Operations/Processing Centers or by Risk and Quality for additional consideration, that has remained at the FO for 70 days or more after the application, reconsideration request, or CDR initiation date.



If additional time is needed, a status update must be provided to the claimant within 15 workdays of initiating development.



· Homeless Cases 


IMPORTANT: A claimant is homeless if they do not have a fixed, regular, and adequate nighttime residence. SSA also considers claimants homeless if they expect to lose current accommodations within 14 days, and will not have a fixed, regular, and adequate nighttime 

residence. The FO/WSU will flag the claim as “Homeless” and complete all necessary forms (e.g. Function Report, Work History Report) whenever a claimant alleges, or case information indicates, the claimant is homeless. If needed, DDS can add the flag, Homeless, in the Disability Case Processing System (DCPS) or eView.

FO/WSU


Upon receipt of the case, complete all required forms during the initial interview and do not curtail completion. Transfer the case no later than the next workday.

DDS

Upon receipt in DDS, expedite assignment of homeless cases no later than the next workday. …

Default Overpayment Recovery Rate To Be 50%

      Newly issued Social Security Emergency Message EM 25029 indicates that the default overpayment recovery rate will be 50%, not 100% as feared. It had been 10% for about the last year. Also, those already told they had a 10% recovery rate won’t see that rate rise.

Orthopedic Listing Interpretation Change Upcoming

      During the pandemic Social Security made the criteria for approval of a disability claim based upon some orthopedic conditions less onerous. Regulations adopted just before Joe Biden took office had required certain medical evidence within “a close proximity of time.” The Biden Administration interpreted the phrase in a less demanding way because of the difficulties that people had obtaining medical care during the pandemic. I think there was also a realization that the Trump Administration Listings were just too difficult to meet with or without a pandemic. This temporary change was later extended until May of this year but late in the Biden Administration it was extended until 2029.

     Social Security has now issued an Emergency Message saying that while the extension to 2029 remains in effect  “the agency will be revisiting its policy before then.”

     The moral of this story is that if a new Administration doesn’t like a regulation adopted during a prior Administration, it should change the regulation. Don’t just play games with how you interpret it. The Trump Administration would have far more trouble dealing with an actual change in a Listing than with a mere interpretation. The Listings should have been changed in other ways as well. It remains just too tough to meet. It’s the same problem as the changes in the treatment of overpayments introduced by Commmissioner O’Malley.  It took no effort for a shambling joke of an Acting Commissioner to reverse O’Malley’s changes even though what O’Malley had done was popular with Republicans as well as Democrats.

Gender Changes No Longer Accepted

      From Emergency Message 25014 issued last Friday:

A. Purpose
This emergency message (EM) provides guidance regarding changes to sex data on the NUMIDENT. Effective immediately, we can no longer process changes to the sex field on the NUMIDENT. 

B. Background
An individual’s sex data is male (M) or female (F). In accordance with the recent Presidential Actions under Executive Order, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to The Federal Government, sex field data changes on the NUMIDENT (e.g., M to F or F to M) must not be accepted or processed. …

Disability Examiners Getting Authority To Issue Allowances Without Medical Consultant Input

      From Emergency Message EM-25009 issued last Friday:

This emergency message (EM) provides the Disability Determination Services (DDS) and federal disability adjudicating components with disability case processing guidance for Disability Examiner Decisional Authority (DEDA). DEDA will temporarily allow qualifying disability examiners to make fully favorable disability determinations in adult cases based on physical impairments alone without medical review by medical consultants (MC), but with the flexibility to consult with an MC at the disability examiner’s discretion. 

These temporary instructions apply to initial level claims, including initial-level claims pending at the DDS and federal disability case processing sites (DPB, DPU, etc.).

The Social Security Administration (SSA) faces unprecedented initial disability claims backlogs surpassing the 1.12 million case mark, resulting in high average processing times and claimant wait times. A contributing factor to the increase in average processing time is the general requirement that qualified physicians, psychiatrists, and psychologists (referred to in our policy as medical consultants (MC) and psychological consultants (PC)) complete the medical review of all initial level disability determinations combined with an insufficient number of MCs and PCs. See Section 221(h).…. 

     If this issue comes up in your confirmation hearing, Frank Bisignano, what say you?

Social Security Beginning To Text With Claimants

     From Emergency Message EM-25051:

... Prior to September 28, 2024, technicians used email as the sole means to communicate with customers to initiate an Upload Documents request. eSignature/Upload Documents had required technicians to obtain customer consent prior to sending emails requesting document submissions.

Effective with the release on September 28, 2024, eSignature/Upload Documents will no longer require the collection of customer consent in TED for email messaging.

Additionally, text messaging will be added as a communication option in TED. Technicians must collect customer consent before sending text messages. ...

CDRs To Resume

     Social Security is resuming Continuing Disability Reviews (CDRs) in October for the new federal fiscal year. The CDRs had been suspended due to the huge backlog of cases awaiting a decision on initial claims. Resuming CDRs is likely to slow down Disability Determination Services (DDS) work on initial claims.

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.

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.

Res Judicata Won't Apply To Denials Based Upon Ability To Perform Work Outside The New Five Year Time Period

     From Emergency Message EM-24028:

... We will not apply res judicata to bar readjudication of a previously adjudicated period when the prior final determination or decision finding the claimant not disabled is dated prior to June 22, 2024, if the prior adverse determination or decision found the individual could do:

1. PRW [Past Relevant Work] at step four of the sequential evaluation process (SEP) and the PRW cited is not PRW under the PRW rule; OR

2. Other work at step five of the SEP, work experience was material to the decision, and the individual’s work experience is different under the PRW rule.

When these criteria are met, we will not apply res judicata to deny a subsequent claim or dismiss a request for hearing on that claim. ...

    OK, now what about cases pending at the Appeals Council or federal court where there were denials based upon ability to perform other "jobs" that are now considered off limits because they don't really exist any more?

A Busy Saturday For Social Security

      It was a busy Saturday for Social Security. Yes, a busy Saturday!

     First, Social Security has added significantly more data to the online reports available to attorneys representing claimants at the initial and reconsideration levels. I have not tried it yet but early reports I have heard indicate that it’s a work in progress. Still, this holds out the prospect of two advantages. It gives attorneys easier access to information on the status of their clients’ cases. It cuts down on the number of calls to Social Security asking about case status.

     Second, Social Security issued two Emergency Messages on which jobs can be considered as alternative work a claimant can perform if he or she is unable to perform their past relevant work. In the more important of the Emergency Messages there is a list of jobs that cannot be considered absent “additional evidence” from a Vocational Expert:

DOT Code	DOT Occupational Title	DOT Industry Designation
209.587-010	Addresser	clerical
249.587-018	Document Preparer, Microfilming	business services
249.587-014	Cutter-and-Paster, Press Clippings	business services
239.687-014	Tube Operator	clerical
318.687-018	Silver Wrapper	hotel and restaurant
349.667-010	Host/Hostess, Dance Hall	amusement and recreation
349.667-014	Host/Hostess, Head	amusement and recreation
379.367-010	Surveillance-System Monitor	government services
521.687-010	Almond Blancher, Hand	canning and preserving
521-687-086	Nut Sorter	canning and preserving
726.685-010	Magnetic-Tape Winder	recording
782.687-030	Puller-Through	glove and mitten
976.385-010	Microfilm Processor	business services

     In another Emergency Messages there’s this list of jobs that can no longer be considered at all:

DOT Code	DOT Occupational Title	DOT Industry Designation(s)
013.061-010	AGRICULTURAL ENGINEER	professional and kindred occupations
013.061-014	AGRICULTURAL-RESEARCH ENGINEER	professional and kindred occupations
013.061-018	DESIGN-ENGINEER, AGRICULTURAL EQUIPMENT	professional and kindred occupations
013.061-022	TEST ENGINEER, AGRICULTURAL EQUIPMENT	professional and kindred occupations
021.067-010	ASTRONOMER	professional and kindred occupations
029.067-010	GEOGRAPHER	professional and kindred occupations
029.067-014	GEOGRAPHER, PHYSICAL	professional and kindred occupations
045.061-014	PSYCHOLOGIST, ENGINEERING	professional and kindred occupations
045.107-030	PSYCHOLOGIST, INDUSTRIAL-ORGANIZATIONAL	professional and kindred occupations
052.067-014	DIRECTOR, STATE-HISTORICAL SOCIETY	professional and kindred occupations
052.067-018	GENEALOGIST	professional and kindred occupations
052.067-022	HISTORIAN	professional and kindred occupations
052.067-026	HISTORIAN, DRAMATIC ARTS	professional and kindred occupations
052.167-010	DIRECTOR, RESEARCH	motion picture; radio and television broadcasting
072.101-018	ORAL AND MAXILLOFACIAL SURGEON	medical services
072.101-034	PROSTHODONTIST	medical services
193.162-022	AIRLINE-RADIO OPERATOR, CHIEF	air transportation; business services
193.262-010	AIRLINE-RADIO OPERATOR	air transportation; business services
193.262-014	DISPATCHER	government services
193.262-022	RADIO OFFICER	water transportation
193.262-026	RADIO STATION OPERATOR	aircraft manufacturing
193.262-030	RADIOTELEGRAPH OPERATOR	telephone and telegraph
193.262-034	RADIOTELEPHONE OPERATOR	any industry
193.362-010	PHOTORADIO OPERATOR	printing and publishing; telephone and telegraph
193.362-014	RADIO-INTELLIGENCE OPERATOR	government services
193.382-010	ELECTRONIC INTELLIGENCE OPERATIONS SPECIALIST	military services
203.562-010	WIRE-TRANSFER CLERK	financial institutions
235.462-010	CENTRAL-OFFICE OPERATOR	telephone and telegraph
235.562-010	CLERK, ROUTE	telephone and telegraph
235.662-018	DIRECTORY-ASSISTANCE OPERATOR	telephone and telegraph
236.562-010	TELEGRAPHER	railroad transportation
236.562-014	TELEGRAPHER AGENT	railroad transportation
237.367-034	PAY-STATION ATTENDANT	telephone and telegraph
239.382-010	WIRE-PHOTO OPERATOR, NEWS	printing and publishing
297.667-014	MODEL	garment; retail trade; wholesale trade
299.647-010	IMPERSONATOR, CHARACTER	any industry
305.281-010	COOK	domestic service
338.371-010	EMBALMER APPRENTICE	personal service
338.371-014	EMBALMER	personal service
379.384-010	SCUBA DIVER	any industry
410.161-010	ANIMAL BREEDER	agriculture and agricultural service
410.161-014	FUR FARMER	agriculture and agricultural service
410.161-018	LIVESTOCK RANCHER	agriculture and agricultural service
410.161-022	HOG-CONFINEMENT-SYSTEM MANAGER	agriculture and agricultural service
411.161-010	CANARY BREEDER	agriculture and agricultural service
411.161-014	POULTRY BREEDER	agriculture and agricultural service
413.161-014	REPTILE FARMER	agriculture and agricultural service
452.167-010	FIRE WARDEN	forestry
452.367-010	FIRE LOOKOUT	forestry
452.367-014	FIRE RANGER	forestry
455.367-010	LOG GRADER	logging; sawmill and planing mill
455.487-010	LOG SCALER	logging; millwork, veneer, plywood, and structural wood members; paper and pulp; sawmill and planing mill
519.684-010	LADLE LINER	foundry; smelting and refining
519.684-022	STOPPER MAKER	blast furnace, steel work, and rolling and finishing mill
579.664-010	CLAY-STRUCTURE BUILDER AND SERVICER	glass manufacturing
661.281-010	LOFT WORKER	ship and boat manufacturing and repairing
661.281-018	PATTERNMAKER APPRENTICE, WOOD	foundry
661.281-022	PATTERNMAKER, WOOD	foundry
661.380-010	MODEL MAKER, WOOD	any industry
690.682-078	STITCHER, SPECIAL MACHINE	boot and shoe
690.682-082	STITCHER, STANDARD MACHINE	boot and shoe
690.685-494	STITCHER, TAPE-CONTROLLED MACHINE	boot and shoe
693.261-018	MODEL MAKER	aircraft-aerospace manufacturing
714.281-010	AIRCRAFT-PHOTOGRAPHIC-EQUIPMENT MECHANIC	photographic apparatus and materials
714.281-014	CAMERA REPAIRER	photographic apparatus and materials
714.281-018	MACHINIST, MOTION-PICTURE EQUIPMENT	motion picture; photographic apparatus and materials
714.281-022	PHOTOGRAPHIC EQUIPMENT TECHNICIAN	photographic apparatus and materials
714.281-026	PHOTOGRAPHIC-EQUIPMENT-MAINTENANCE TECHNICIAN	photographic apparatus and materials
714.281-030	SERVICE TECHNICIAN, COMPUTERIZED-PHOTOFINISHING EQUIPMENT	photofinishing
715.281-010	WATCH REPAIRER	clocks watches, and allied products
715.281-014	WATCH REPAIRER APPRENTICE	clocks, watches, and allied products
715.381-010	ASSEMBLER	clocks, watches, and allied products
715.381-014	ASSEMBLER, WATCH TRAIN	clocks, watches, and allied products
715.381-018	BANKING PIN ADJUSTER	clocks watches, and allied products
715.381-022	BARREL ASSEMBLER	clocks, watches, and allied products
715.381-026	BARREL-BRIDGE ASSEMBLER	clocks, watches, and allied products
715.381-030	BARREL-ENDSHAKE ADJUSTER	clocks, watches, and allied products
715.381-038	CHRONOMETER ASSEMBLER AND ADJUSTER	clocks, watches, and allied products
715.381-042	CHRONOMETER-BALANCE-AND-HAIRSPRING ASSEMBLER	clocks, watches, and allied products
715.381-054	HAIRSPRING ASSEMBLER	clocks, watches, and allied products
715.381-062	HAIRSPRING VIBRATOR	clocks, watches, and allied products
715.381-082	PALLET-STONE INSERTER	clocks, watches, and allied products
715.381-086	PALLET-STONE POSITIONER	clocks, watches, and allied products
715.381-094	WATCH ASSEMBLER	clocks, watches, and allied products
715.584-014	REPAIRER, AUTO CLOCKS	clocks, watches, and allied products
715.681-010	TIMING ADJUSTER	clocks, watches, and allied products
761.381-014	JIG BUILDER	wooden container
788.684-114	THREAD LASTER	boot and shoe
826.261-010	FIELD-SERVICE ENGINEER	photographic apparatus and materials
841.381-010	PAPERHANGER	construction
841.684-010	BILLPOSTER	business services
849.484-010	BOILER RELINER, PLASTIC BLOCK	foundry
850.663-010	DREDGE OPERATOR	construction; coal, metal, and nonmetal mining and quarrying
861.381-046	TERRAZZO WORKER	construction
861.381-050	TERRAZZO-WORKER APPRENTICE	construction
861.664-014	TERRAZZO FINISHER	construction
899.261-010	DIVER	any industry
899.684-010	BONDACTOR-MACHINE OPERATOR	foundry
910.362-010	TOWER OPERATOR	railroad transportation
910.363-018	YARD ENGINEER	railroad transportation
910.382-010	CAR-RETARDER OPERATOR	railroad transportation
910.583-010	LABORER, CAR BARN	railroad transportation
910.683-010	HOSTLER	railroad transportation
910.683-022	TRANSFER-TABLE OPERATOR	railroad equipment building and repairing; railroad transportation
911.663-010	MOTORBOAT OPERATOR	any industry
919.663-014	DINKEY OPERATOR	any industry
919.683-010	DOCK HAND	air transportation
919.683-026	TRACKMOBILE OPERATOR	any industry
930.683-026	ROOF BOLTER	coal, metal, and nonmetal mining and quarrying
952.362-022	POWER-REACTOR OPERATOR	utilities
960.362-010	MOTION-PICTURE PROJECTIONIST	amusement and recreation; motion picture
960.382-010	AUDIOVISUAL TECHNICIAN	any industry
961.367-010	MODEL, PHOTOGRAPHERS'	any industry
961.667-010	MODEL, ARTISTS'	any industry

     I’m not completely sure about this second list. There aren’t terrazzo finishers or artist’s models anymore? I don’t see being an artist model as a career, however. Aren’t there still embalmers these days?  None of this matters except in rare cases, however.