Social Security Attorneys as Debt-Relief Agencies?

Often, bankruptcy is a reasonable consideration for Social Security disability claimants, because they are desperately poor and have huge medical bills hanging over their heads. However, the National Law Journal reports that the new bankruptcy act defines anyone who provides any bankruptcy assistance as a debt-relief agency. Debt-relief agencies are subject to dramatic limitations under the bankruptcy law. For instance, debt-relief agencies cannot counsel a debtor to incur additional debt -- and counseling a Social Security disability client to continue seeing their doctor would be to counsel a debtor to incur additional debt. Bankruptcy attorneys are warning that attorneys in other fields of the law who counsel their clients to consider bankruptcy may unwittingly become debt-relief agencies and subject to potentially dramatic penalties.

NOSSCR CLE Schedule Released

The National Organization of Social Security Claimants Representatives (NOSSCR), the largest organization of attorneys and others who represent Social Security claimants has posted the schedule for its Continuining Legal Education (CLE) Conference in Boston from April 5-8, 2006.

New ALJs Coming

People posting on the ALJ Improvement Board report that Social Security is going to hire a class of Administrative Law Judges (ALJs) this year and that the process has begun.

Problems At SSA As Congress Presses To Make It Even Harder For Aliens To Get Social Security Cards

The House Social Security Subcommittee has scheduled yet another hearing on Social Security's issuance of Social Security numbers. This hearing is set for March 2, 2006. The concern is that it should be more difficult for illegal immigrants to obtain Social Security cards. By making it more difficult to obtain Social Security cards, it would become more difficult for illegals to obtain work and remain in the U.S.

Meanwhile, new Social Security card procedures already put in place are causing serious problems. The National Council of Social Security Management Associations (NCSSMA) represents Social Security's front line managers. NCSSMA has recently written Linda McMahon, SSA's Deputy Commissioner for Operations, complaining of alarming problems at local Social Security offices with issuing new and replacement Social Security cards:

We are writing you today about many issues that have arisen in Field Offices concerning the new requirements for SS-5 [Social Security card] issuance. Although we understand and support the need for increased security with this process, there is no doubt that these changes have already added a significant workload to Field Offices. In many offices we are now seeing half the members of the public visiting us come in to obtain a new or replacement Social Security card. We are finding about one-third of those applicants need to return with additional documents. This is a key reason why walk-in traffic is up around 25% this year. We believe this impact will accelerate unless we take steps to improve the situation. ... Many managers and almost all Field employees dealing directly with the public on enumeration have noticed more anger and hostility from the public regarding the SS-5 documentation issues than all other workloads we handle including denied claims, overpayments, and cessation of benefits combined.

Medical Abbreviation Lookup Capacity

Since many of the people reading this blog are involved in representing Social Security disability claimants or adjudicating their claims, I have added a service to allow users to look up medical abbreviations. Look to the right side of this page.

Backup Computer Center To Charlotte

The Charlotte Business Journal reports that Social Security is looking at Charlotte, NC for a 100,000 square foot building for a backup computer center. The new center could open as early as 2007 and is expected to employ 70 people.

Beauty Queen Loses Social Security Fraud Appeal

WCCO.com reports that the Supreme Court has rejected the appeal of Dee Henderson, a former Mrs. Minnesota International, who was convicted of Social Security fraud after a jury saw a videotape of her scuba diving in Hawaii, while drawing Social Security disability benefits. She is now serving a four year sentence for defrauding Social Security out of $190,000.

Delays at Charleston OHA

News4.com reports on the dramatic delays in adjudicating disability claims in Charleston, SC. The local director of Crisis Ministries told the TV station that: "It boggles my mind that that process takes so long ... I don't understand. I just don't understand." The irony is that the article indicates that it takes only about 180 days to get a hearing in Charleston, which is well below the national average, although the article does mention that it sometimes takes up to a year to get a decision after a hearing.

Budget Reconciliation Problem Continues

Congressional Quarterly's Mary Agnes Carey gave the following assessment of the status of the Budget Reconciliation Bill in a question and answer session:

Question 5: President Bush has signed the fiscal 2006 budget reconciliation package into law, but now there is some dispute that what the president signed may not have been the legislation that both chambers passed. Can you explain this?

Answer: House Democrats have temporarily blocked an attempt by House GOP leaders to fix a potential constitutional flaw with the $39 billion budget saving package signed by Bush. The dispute centers over what has been described as a clerical error made in the bill once it had passed in the House and went to the Senate. .The mistake dealt with the amount of time that Medicare would pay to rent some types of medical equipment. After the House cleared the legislation, the Senate corrected the error.

Question 6: So what’s next?

Answer: Rep. Charles B. Rangel of New York, the ranking member of the House Ways and Means Committee, has expressed his concern that the legislation the president signed into law Feb. 8 is not what actually passed the House on Feb. 1. While the Senate has passed a resolution to state that the bill the president signed represented the will of Congress, Rangel is not so sure that will suffice. Rangel said he believes that both chambers of Congress need to vote on the budget reconciliation package again.

Question 7: Is that going to happen?

Answer: I think it’s doubtful. The bill passed by just two votes in the House and by just one in the Senate – with Vice President Cheney breaking a Senate tie – so GOP leaders in both chambers will probably do everything they can to avoid another vote. But the measure could be challenged on constitutional grounds if a court is convinced that the House and Senate did not approve the same bill that was sent to the president.

This is a matter of some concern to the Social Security Administration since the bill made significant changes in payments of SSI back benefits.

SSA Admits to Failing Employees In Aftermath of Katrina

According to a press release from the American Federation of Government Employees (AFGE), the Social Security Administration has belatedly agreed to provide up to six months of benefits to employees affected by Hurricane Katrina. Federal employees affected by a disaster must seek assistance from their employing agency before receiving assistance from the Federal Emergency Management Agency (FEMA). Many agencies provided assistance to their employees after Katrina, but not SSA, which is only acting after the AFGE filed a grievance.