I had given a link to comments that attorney Eric Schnaufer had posted on Social Security's proposed procedural regulations. I had noticed that there were several other comments posted by Mr. Schnaufer, but I did not read them. I thought he was just having technical problems and had posted the same thing repeatedly. I was wrong. He had divided his comments into several sections and had posted each separately. Here is the list of links to his truly exhaustive comments:
Jan 3, 2008
A Tidbit That Tells You About Social Security Field Office Problems
My firm sent a reconsideration request to the Rocky Mount, NC District Office on July 31, 2007 in a case I will call "Victoria E." Ms. E's reconsideration request was not logged in at the District Office until November 28, 2007, almost four months after it reached the office. The case file has still not reached North Carolina Disability Determination Services. Ms. E's appeal is not being considered because it cannot reach the people who must work on it.
Is Ms. E's case typical? No. Most cases are not delayed this badly, but there are too many that are. Is this the fault of lazy, incompetent bureaucrats? No. They are just overwhelmed with work.
As far as I know, no one is even keeping track of this sort of backlog. This sort of backlog must be nearly invisible to Social Security employees who do not work in Field Offices. Is Michael Astrue aware, even vaguely, of this reality? I cannot say. We will get some idea of whether Astrue understands the severity of his agency's staffing problems when we see his budget request for the Social Security Administration for fiscal year 2009. I believe that will be available in late January.
Is Ms. E's case typical? No. Most cases are not delayed this badly, but there are too many that are. Is this the fault of lazy, incompetent bureaucrats? No. They are just overwhelmed with work.
As far as I know, no one is even keeping track of this sort of backlog. This sort of backlog must be nearly invisible to Social Security employees who do not work in Field Offices. Is Michael Astrue aware, even vaguely, of this reality? I cannot say. We will get some idea of whether Astrue understands the severity of his agency's staffing problems when we see his budget request for the Social Security Administration for fiscal year 2009. I believe that will be available in late January.
"They Evidently Don't Want To Find A Solution To This"
From the Omaha World-Herald:
Nebraska and Iowa residents are waiting longer and longer for a review of their denied Social Security disability claims. ...
The wait takes a toll on people like Dwayne Webb, 46, who lives near Pacific Junction, Iowa.
Webb hopes to receive a hearing in February or March on his claim for Social Security disability benefits. That would be about two years after he asked for a judge to review his denial of benefits.
It has been almost a year since Webb and his wife gave up the house they were renting in Glenwood, Iowa, because they could no longer afford the utility bills. The couple now live in a camper at a campground off Interstate 29. ...
Rep. Lee Terry, R-Neb., said he was assured by Social Security officials a year ago that they had plans for combating the backlog in the Omaha office. Instead, the situation has only gotten worse.
"It's embarrassing for Social Security," Terry said. "They evidently don't want to find a solution to this."
Newspaper Finds Backlog Decreases By 0.39% In Columbus, OH In Last Year -- And SSA Responds
From the Columbus Dispatch:
The Social Security Administration says it is making progress toward easing a crushing backlog of disability claims.But disability attorneys in Columbus, with one of the worst backlogs in the country, say long waits still are the rule. Major improvements have been slow in coming since complaints were aired [in the Columbus Dispatch].
"If there's any improvement at all, it is very, very minimal," said Eileen Goodin, a Social Security disability attorney in Columbus who says her clients are waiting an average of 25 to 28 months for a hearing.
As of Oct. 30, 10,532 cases were pending in the Columbus office, said a spokeswoman for the agency in Washington, D.C. That's 41 fewer than exactly one year earlier.
And Social Security's response to this? Apparently, the agency put out a press release in Ohio touting "Quick Disability Determinations." It is a shame that Quick Disability Determinations is nothing more than a new name for something that has been around for decades, but that word "quick" sure impresses the uninitiated.
Jan 2, 2008
More Comments On Proposed Procedural Regulations
Here are some more links to public comments made upon the proposed procedural regulations. I have tried to select comments that appear to me to be of more general interest, but my selections may be idiosyncratic. I am not sure if Social Security has posted all of the comments made. Probably, some made by mail are yet to appear on the website.
I am not going to give any names, but I did not find comments from some people whom I would have expected to comment. Maybe, those comments will show up later or maybe I missed them.
I am not going to give any names, but I did not find comments from some people whom I would have expected to comment. Maybe, those comments will show up later or maybe I missed them.
- Consortium For Citizens With Disabilities
- National Association of Disability Examiners
- Social Security Disability Coalition
- Richard Weishaupt, Community Legal Services of Philadelphia
- James Allsup
- Eric Schnaufer
- National Senior Citizens Law Center
- Ralph Wilborn
- American Bar Association
- Association of Administrative Law Judges
Results Of Last Week's Unscientific Poll
How was Christmas for you?
| Pure fun and enjoyment (18) | 19% |
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| Fun, but tiring (24) | 25% |
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| Fun, but I didn't get what I wanted (4) | 4% |
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| Fun, but there was some tension (12) | 12% |
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| Good moments, but problems (9) | 9% |
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| A bit much (5) | 5% |
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| Many problems; I'm glad it's over. (3) | 3% |
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| Christmas was very sad for me (2) | 2% |
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| Terrible; a real disaster (1) | 1% |
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| I don't celebrate Christmas (18) | 19% |
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| Other view suggestions (18) | 19% |
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Jan 1, 2008
Law School Helps Social Security Claimant
From the Detroit News:
For two years, Hugh Rowan, a Vietnam-era veteran, tried unsuccessfully to get his Social Security disability benefits restored.
"To say that Social Security representatives are not very receptive to you by phone would be an understatement," said Rowan, 55, whose health problems crippled his ability to walk and to work.
Now, Rowan is no longer homebound and credits a University of Detroit Mercy law student and professor for turning his life around.
Shortly after contacting the law school's pilot veterans clinic, Social Security officials agreed to not only restore Rowan's monthly benefits, but also to award him pay for the two years his benefits were wrongfully cut off, he said.
Dec 31, 2007
Attorney User Fee Stays At 6.3% For 2008
From today's Federal Register:
...[T]he Ticket to Work and Work Incentives Improvement Act of 1999, established an assessment for the services required to determine and certify payments to attorneys from the benefits due claimants ...
That legislation set the assessment for the calendar year 2000 at 6.3 percent of the amount that would be required to be certified for direct payment to the attorney ... For subsequent years, the legislation requires the Commissioner of Social Security to determine the percentage rate necessary to achieve full recovery of the costs of determining and certifying fees to attorneys, but not in excess of 6.3 percent. ...
The Commissioner of Social Security has determined, based on the best available data, that the current rate of 6.3 percent will continue for 2008 ...
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