NOSSCR Files RICO Suit Against La Grada

     From the National Organization of Social Security Claimants Representatives (NOSSCR):

NOSSCR filed suit on Friday, October 18, 2024, in the U.S. District Court for the Northern District of Illinois against a Spanish company for misleading Social Security beneficiaries and unnecessarily clogging SSA’s phone lines. The complaint alleges that La Grada Online published articles with sensationalized headlines about Social Security benefits, including a false report of a $600 payment increase in June 2024. This misinformation caused a surge in calls to SSA, overwhelming the agency's phone lines and costing NOSSCR members considerable time and money. The complaint further alleges that La Grada Online published another misleading article in August 2024, falsely claiming a "Social Security benefit boost."

The lawsuit accuses Kapital Media Productions of violating the Racketeer Influence and Corrupt Organizations Act (RICO), the Lanham Trade-Mark Act, and Illinois common law. NOSSCR seeks treble damages, attorneys' fees, and an injunction to prevent La Grada Online from publishing further false information about Social Security benefits.  ...

    I see it daily but never post the crap that La Grada puts out. It's obnoxious stuff that unquestionably misleads the public for the purpose of gaining clicks. The problem is titles such as these:

Total change in Social Security checks as of this date – How do I claim the new benefits?

Social Security makes new payment schedule official – List of checks to be paid in November

Last Social Security payment of October for retirees who born between this dates – $4,873 check to be paid this week

Goodbye to Social Security benefits – List of retirees who will no longer receive payments

     I'm not going to help these sleezes by giving links.

    I know just about nothing about RICO. Does NOSSCR have standing?

 

 

Fee Cap Going Up And Will Be Indexed

      The National Organization of Social Security Claimants Representatives (NOSSCR) is reporting that there will soon be an increase in the cap on the amount that attorneys may charge under the fee agreement process and that henceforth the cap will be adjusted annually for inflation.

Trying To Cram Telephone/Video Hearings Down The Throats Of Claimants?

     Yesterday I received word through the National Organization of Social Security Claimants Representatives (NOSSCR) that the number of hearings Social Security has scheduled for July and August is down more than 30%. We are told that they will try to schedule more hearings if we'll agree to hearings being held without receiving the notice period required by the agency's regulations and agree that the hearings be held either by telephone or video. 

    I've got three questions:

• Why has the agency scheduled so many fewer hearings this summer? It's not like they're run out of cases to schedule.
• If the problem were merely scheduling, why is it necessary to put pressure on claimants to accept telephone and video hearings? If you're doing in person hearings, you're doing in person hearings.
  
• Will there be a continuing effort to cram telephone and video hearings down the throats of destitute claimants by scheduling those hearings far more quickly?
  

Fee Cap Going To $7,200

   This afternoon Kilolo Kijakazi, Acting Commissioner of Social Security, informed the National Organization of Social Security Claimants Representatives (NOSSCR) and the National Association of Disability Representatives (NADR) that the Social Security Administration will raise the cap on the amount that attorneys may charge under the fee agreement process for representing claimants from $6,000 to $7,200.

    In this past, such announcements were made via the Federal Register. This has not yet been published in the Federal Register nor is it scheduled for publication tomorrow.  

    If this were a true cost of living adjustment, it would be going to $8,200, not $7,200.

    When the cap was raised the last time, in 2009, it was not effective until four and a half months after the announcement. I hear that this time it won't be effective until November 30, 2022 which is more than six months off! My hope the last time was that Social Security would use the time to train its staff but it was quickly apparent after the effective date that Social Security's staff hadn't been trained since at first there were more cases handled incorrectly than cases handled correctly. Nobody seemed to have been told that attorneys were allowed to have escalator clauses in their fee agreements that allowed them to be governed by the fee cap in place at the time of implementation rather than the fee cap in place at the time the fee agreement was signed even though this has been Social Security's position since the earliest days of the fee agreement process. I know. I was practicing Social Security law then. At least, back in 2009, we were able to get in touch with the payment centers to get mistakes corrected. They're mostly incommunicado these days and unwilling to correct even the most glaring mistakes.

    By the way, if you're an attorney who represents Social Security claimants and your fee agreement hasn't had an escalator clause, you're out of luck. Trying to force a new contract on your clients for your benefit is clearly unethical in my view.

Some Small Attention To Social Security's Budget Crunch

      From Mark Miller's syndicated column:

If you need help filing for Social Security, Medicare or disability benefits, I have good news and bad news.The good news: The sprawling network of more than 1,200 Social Security field offices around the United States will reopen to the public in early April after a two-year COVID-19 shutdown ...

The bad news: The Social Security Administration (SSA) is bracing for a crush of office visitors. Along with the pent-up demand created by the long shutdown, the agency’s national toll-free number has been experiencing problems, with some callers getting busy signals or abrupt disconnections, which an SSA spokesman confirmed. The phone system problems are expected to increase demand further in the initial weeks of the reopening.

The return to office comes at a time when the SSA was working to replace staff lost during the pandemic. But hiring has been frozen due to a lower-than-expected operating budget signed into law last week as part of a $1.5 trillion U.S. government spending bill for 2022. The SSA budget rose by $411 million to a total of $13.3 billion – less than half of what the Biden administration had requested.

“Our 2022 funding level will complicate our efforts to improve services to the public, although we remain committed to doing so,” said Mark Hinkle, the agency’s press officer, via email. ...

Part of the problem is application processing delays at the state level. The SSA sends disability applications to state agencies, which make medical determinations of eligibility. The largest backlog is in Florida, which had 92,525 cases awaiting determination at the end of January; Texas, California, New York state and Georgia also had large backlogs, according to agency data.

The SSA funds these state-level determinations, so the agency’s broader budget crunch has played a role in the backlogs, according to Cloyd [who works for NOSSCR]. ...

OHO Caseload Analysis Report

    The report shown below 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 contains basic operating statistics for Social Security's Office of Hearings Operations (OHO). 

OHO Caseload Analysis Report

     The report shown below 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 contains basic operating statistics for Social Security's Office of Hearings Operations (OHO).

Click on image to view full size

 

OHO Stats

     The report shown below 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 contains basic operating statistics for Social Security's Office of Hearings Operations (OHO). 

Click on image to view full size

OHO Stats

      The report shown below 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 contains basic operating statistics for Social Security's Office of Hearings Operations (OHO). 

Click on image to view full size

Hearing Office Average Processing Time Continues To Rise

     The report shown below 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 contains basic operating statistics for Social Security's Office of Hearings Operations (OHO). 

     Note that the average processing time jumped from 301 days at the end of last year to 351 days as of July. I posted about this last month and received responses basically saying "What's the problem? The total number pending is down." Who outside Social Security cares what the total number pending is? What people outside the agency care about is how long it takes to get a hearing and a decision. Even though fewer appeals are being filed, it's taking longer and longer to get a hearing and a decision. That's important. There are a multitude of problems at Social Security. This is one of them. Like many of those problems, this one is going to get worse. There is a huge backlog of cases stuck at the initial and reconsideration levels. Those backlogs will eventually be worked down, leading to more appeals. Everyone expects an avalanche of disability claims once the field offices reopen.

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Productivity Down, Backlog Up

        The report shown below 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 contains basic operating statistics for Social Security's Office of Hearings Operations (OHO). 

     Note that despite the availability of overtime at OHO, the backlog has been creeping up as productivity has declined.

Click on image to view full size

 

A Press Release From NOSSCR

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OHO Overtime Plummets In November

         The report shown below 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 contains basic operating statistics for Social Security's Office of Hearings Operations. 

Click on image to view full size

Analysis Of Reduction In SSI Claims Filed Since Field Offices Shut Down

     This slide deck 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. Click on each to view full size.

    I think we should all expect that once Social Security field offices reopen that there will be a huge number of disability claims filed. I hope there will be enough staff to take and adjudicate those claims.

 

I'm Surprised By The Amount Of Overtime In The Third Quarter

       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 image to view full size

OHO Receipts And Backlog Continue To Fall

       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 image to view full size

Caseloads Continue To Dwindle -- For Now

      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.

     By the way, obviously backlogs continue to dwindle but what happens when the Covid-19 pandemic ends? We all hope that's coming early next year as a result of a vaccine. Is there a backlog of claims that people have deferred filing because of office closures? We know that backlogs have increased at the initial and reconsideration levels. How much will receipts increase at OHO as that backlog is worked down? For that matter, will it be worked down? Will a possible change of Presidential Administrations matter? Will there be many new claims as a result of chronic health problems caused by Covid-19 itself? I don't know the answers to these questions but one way or another the circumstances we see at the moment won't last. There's a very real chance that there will be a dramatic increase in new requests for hearing next year. Work down that backlog while you can.

 

OHO Receipts Down 17% From 1st Quarter to 2d Quarter Of 2020

      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.

OHO Receipts Stabilizing As ALJ Corps Dwindles But Dispositions Still Far Outpace Receipts

     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.

NOSSCR Opposes Mandatory Telephone Hearings

     From a letter from the National Organization of Social Security Claimants Representatives (NOSSCR) to Social Security’s Deputy Commissioner for the Office of Hearings Operations (OHO) and the Chief Administrative Law Judge (CALJ):

Some of our members have been told that SSA [Social Security Administration] plans to change its policy of making telephone hearings voluntary, perhaps as soon as April 27. This is not acceptable to NOSSCR and we urge you to clarify as soon as possible that telephone hearings remain optional. Claimants who want to wait for in-person hearings (or video hearings, if they have not submitted an HA-55 opt-out form) should be permitted to do so.

     In case it's not clear to you, let me spell out the subtext. NOSSCR is concerned that ALJ hearings will become mandatory not just for the current emergency but from now on; that the agency will use this emergency to  achieve an unrelated goal.