New Claim After Unfavorable ALJ Decision -- What's Going On?

     Because of Social Security Ruling 11-1p many claimants will now elect to file only a new claim after an unfavorable decision from an Administrative Law Judge (ALJ). My clients who are attempting to do so are encountering a brick wall of resistance from local Social Security field offices. They are being told that they may not file a claim until 60 days have elapsed after an ALJ decision. This potentially costs my clients in this situation two months of Supplemental Security Income (SSI) benefits as well as unnecessary delay. Social Security has not released to the public any instructions that would tell its staff to do what I am seeing. It is unclear to me whether I am seeing only a local phenomenon or whether there are instructions that have not yet been released to the public.

     Are attorneys in other parts of the country seeing the same problem in having a claimant file a new claim after an unfavorable ALJ decision? Are there staff instructions that have not been released to the public?

AFGE Report On Contract Negotiations

A recent posting by the American Federation of Government Employees (AFGE) on the state of its contract negotiations with the Social Security Administration:

In recent months, the agency urged AFGE to agree to use small teams of management and union negotiators to address a variety of unresolved issues, so that we could narrow our differences and make progress in contract bargain-ng. Initially we had success, reaching agreement on almost everything in Article 33 (Temporary, Probationary, Part-Time Permanent and Seasonal Employees) through this small team approach.

However, progress came to a screeching halt in July when management walked away from a joint effort to reach agreement on a set of AFGE-proposed appendices to the Official Travel Article (Article 8).

SAA Usage At Social Security

Social Security's Office of Inspector General (OIG) has issued a report on the use of Senior Attorney Adjudicators (SAAs). The report is quite favorable for SAAs.

Happy 76th Birthday, Social Security!

By the way, note that the man in the light colored suit to FDR's left appears to have a cigar in his left hand. How times have changed!

Another Kentucky Law Firm In The News

From WYMT:

     An eastern Kentucky law firm has agreed to pay a more than seven thousand dollar penalty to the Social Security Administration.

     Kirk Law Firm was investigated by the SSA Office of Inspector General after signs were put up at offices in Prestonsburg and Inez that read, “Social Security Sign Up Office.”

     The OIG says the signs were confusing and misleading.

John Kirk says there was no attempt to mislead anyone with the signs.

Compassion Rewarded

From the Washington Post:

Diane Braunstein’s large smile and warm laugh can be infectious. She speaks calmly as she sits in a high-backed, dark wooden chair in her spacious Baltimore office, a master bureaucrat.

If that seems a cold or callous characterization, her actions have been anything but. One look at her résumé shows she’s spent a lifetime mastering the minutia of process and regulation on behalf of the elderly, the ill and the disabled at the Social Security Administration and other organizations.

Social Security Commissioner Michael J. Astrue appointed Braunstein director of a program called Compassionate Allow­ances in 2007 after she helped him about 20 years earlier when his terminally ill father could not quickly obtain benefits.

The two were working together at the Department of Health and Human Services. Astrue’s father developed glioblastoma, an often-fatal brain cancer that resulted in a coma. Astrue found himself trying to file for benefits on behalf of someone who wasn’t able to speak.

“It was a huge surprise and a time of high anxiety,” he said. “Having someone as competent as Diane was a great blessing.”

Some Things That Ought To Be On The Public Record

I have finally gotten around to uploading to Scribd some documents that I have that I think ought to be on the public record. Most are of current relevance but a few have mostly historic value. I don't know where else you would find any of these. Take a look.

• Notice of Proposed Rule Making On Grid Regulations 1978
• Federal Register Notice When Grid Regulations Adopted 1979
• Government Representative Plan 1979
• Settlement in Bono v. Social Security 1979
• Government Representative Interim Report 1983
• Decision in Association of ALJs v. Schweiker 1983
• Bradley Memo Cutting Maximum Attorney Fee To $1,500
• Letter Regarding Fee Agreement Process 1992 
• Study On Racial Differences In Disability Determination At Social Security 1992
• Re-Engineering Plan 1994
• Emergency Message On Substance Abuse 1996
• Childhood Disability Questions and Answers 2001
• Memo Regarding Americans with Disabilities Act - "Skoler Memo" 1993
• Drug Abuse and Alcoholism Teletype 1996
• Memo to Regional Commissioner Regarding O*NET 1999
• Memo to OHA Regarding O*NET 1999

     If you have documents you think ought to be in the public record concerning Social Security, scan them and upload them to Scribd and let me know  I'll let others know. Or just send the document to me and I'll upload it. Don't upload or send me anything that includes personally identifiable information or anything that should genuinely remain secret, such as documents concerning security plans at Social Security. Don't upload material under copyright.

     I cannot seem to find a copy of the DSI or HPI plans. It would be good to get those in the historical record so we never repeat bad ideas. I'm sure that Social Security would like to toss both of them down the memory hole.

Social Security Addresses Office Space At DDS

Social Security has added a section to its POMS manual to address the amount of office space to be allocated to employees at the state Disability Determination Services (DDS) offices. These state DDS's make the initial and reconsideration determinations on Social Security disability claims. Although DDS employees are state employees, they are treated much the same as federal employees in many respects. They even have ssa.gov domain e-mail addresses. Here are Social Security's space allocations for DDS employees:

Position	Total Square Feet
Director, DDS	200
Assistant or Deputy Director	150
Program Director or Manager	150
Unit Supervisor	120
Technical Consultant and Systems Specialist	100
Hearing Officer	100
Quality Assurance Specialist	100
Vocational Specialist	100
Claims Examiner (adjudicator)	100
Clerks and other support positions	75
Chief Medical Consultant	150
Full-Time Medical Consultants and Part Time Medical Consultants (electronic claims adjudication makes it more difficult for consultant to share space)	100

Answer To Quiz On Military Personnel And Social Security

Question: Sergeant X is in the U.S. Army. He is badly injured in an automobile accident while off duty. He is unable to perform his normal duties and is assigned to "medical holding company" until he can either get better and return to regular duties or it becomes clear that he will not be able to return to regular duties at which time he would be medically retired. While in medical holding company, Sergeant X receives his normal Army pay but he performs no duties. If Sergeant X files a claim for Social Security disability benefits, how will it be treated?

 Answer: Social Security's Program Operations Manual Series (POMS) addresses this. There is nothing which automatically disqualifies active duty military personnel from receiving Social Security benefits. The work done by Sergeant X is not substantial gainful activity since he was not performing any actual duties. Social Security fully accepts that individuals in Sergeant X's situation may file Social Security disability claims and have them adjudicated normally. 

     Sergeant X is entitled to have his case expedited under Social Security's policy on wounded warriors under another POMS section since the policy does not require that the disability be combat related or even service related.

A Quiz On Military Personnel And Social Security

I am starting a new feature to run occasionally, a quiz on Social Security law and practice. The answer will appear tomorrow. I would appreciate any ideas for future quiz topics.

Free Web poll for your Web site - freepolls.com

For extra credit, is Sergeant X eligible to have his case expedited on the grounds that he is a wounded warrior?