You Can Blame The Hearing Backlog On A Lot Of Things But Staffing Level Cuts Really Stand Out

     From Workload Review of the Office of Hearings Operations' Atlanta and New York Regions, a report by Social Security's Office of Inspector General:

The hearing offices in both regions with high average processing times (APT) had below-average staffing levels, low morale, and issues with telework, claimant representatives, and the quality of the support staff’s work. Other factors, such as administrative law judge performance issues, difficulty scheduling expert witnesses, and a large number of supplemental hearings/postponements also contributed to high APT.

In the New York Region, local office management issues and State filing requirements were also negative factors. In the Atlanta Region, an insufficient number of decision writers and information technology problems were negative factors. In the New York Region, several interviewees cited their Regional Office as a negative factor that contributed to higher APT and lower productivity. The issues that interviewees cited included Regional Office micromanagement, excessive time and oversight devoted to minor issues, goals not agreeing with real capabilities, negative messaging/tone, and frequent changes implemented with little notice or input.

 

      No doubt the Inspector General's Office was trying to do a thorough report but, come on, staffing levels are the story here. Work on the other stuff too but don't expect much improvement without doing something about the staffing levels.

     By the way, don't expect any improvement in performance by those who represent Social Security claimants without an increase in the fee cap. Inflation has cut the value of fee payments at the same time the workload has been increased by burgeoning Social Security files and new regulations making new demands. You get what you pay for on, in this case, what you allow claimants to pay for. The agency can adopt all the coercive regulations it wants but things will just get worse until something is done about compensation. If you work at Social Security and think that those who represent Social Security claimants make lots of money, why don't you just leave the agency and get on that gravy train you think you see out there? Almost no one is doing that, however, which should tell you something.

Most Social Security Disability Claimants Who Are Denied Just Get Poorer And More Desperate

Panhandling While Waiting On Social Security

     From a television station in Indianapolis:

An Indianapolis man says he’s taken to the streets to panhandle because his application for disability requires him to wait almost two years for help.Richard Frizzle underwent heart surgery in April 2017 and applied for disability that August. Ten months later, Frizzle is still awaiting approval. With no income and no idea whether he’ll get disability, Frizzle has turned to panhandling. ...

Call 6 Investigates confirmed that Richard Frizzle filled out his paperwork for federal disability benefits on August 8, 2017. But the Chicago office of Social Security Administration says the average wait time for a hearing in Indianapolis is 19 months. ...

New ALJ Hiring?

     It's been less than a month since the President ordered that Administrative Law Judges (ALJs) would henceforth be hired as "excepted service" employees. Now we hear rumors that the Social Security Administration hopes to begin hiring new ALJs in the near future. If this is true, drawing up a plan to evaluate ALJ candidates and getting everyone at the agency on board so quickly is surprising. 

     There are essentially no limits on how "excepted service" hiring is done. The agency can get away with almost anything without breaking any law. 

     Haste combined with a lack of legal limits makes me worry.

     I hope everyone involved realizes that if Democrats get control of the House of Representatives after the November election, as now appears likely, the House Social Security Subcommittee will be holding a hearing on ALJ hiring early next year where Social Security officials will have to explain what process they have used or will be using. Here's some things that probably wouldn't go over too well if that hearing happens:

• A secretive process with no announced selection criteria
• A lack of public notice of job openings
• Political influence on the hiring process, such as candidates being hired because of recommendations from the White House or members of Congress
• ALJ jobs used to give a soft landing to Congressional staffers who lose their jobs if Democrats win control of the House of Representatives
• Ideological bias in the hiring process
• Job candidates being vetted by outside groups who are not otherwise involved with Social Security ALJs, such as the Federalist Society
• Personal favoritism in the hiring process
• A lack of diversity among those hired
• Hiring only from within the agency
• Lots of hiring of agency employees nearing retirement who only want to work as ALJs for a short time in order to increase their retirement benefits
• Using ALJ jobs to clear deadwood out of Social Security's Office of General Counsel or other parts of Social Security

Acting Commissioner Message On Wildfires

From: ^Commissioner Broadcast
Sent: Friday, August 10, 2018 8:27 AM
Subject: Wildfires in California

A Message to All SSA Employees 

Subject: Wildfires in California

You may have heard the news about wildfires in the northern California area.  These wildfires have burned more than 500,000 acres.  This natural disaster continues to devastate surrounding areas, affecting a number of our offices and employees.  The region has accounted for all employees and we are thankful that they are all safe. 

The Federal Emergency Management Agency and Department of Homeland Security continue coordinating efforts with local officials to provide much needed assistance.  Area fire and police departments are working to contain the spreading wildfires that forced closures, evacuation orders, and damage to the Ferguson, Carr, Crestline, Highland, Ranch, and River areas.  Our offices in Lakeport, Redding, Sonora, Merced, and Ukiah are all at different stages of recovery. 

Many Redding employees are providing staff support at the Local Assistance Center at the Shasta High School and continue to serve the public.  Our employees are processing replacement Social Security card applications, providing benefit verifications, changing addresses, and answering benefit questions.

I want to give a special ‘thank you’ to all of the brave men and women who are working tirelessly to contain the fires.  Let us also remember and honor those that lost their lives in the line of duty for the safety and protection of others.

I want to commend our personnel from the San Francisco Regional office and those who are on site assisting employees in recovery efforts.  Please keep all of those affected by these wildfires in your thoughts.

Nancy A. Berryhill
Acting Commissioner

Sentence Affirmed For A Conn Co-Defendant

     The United States Court of Appeals for the Sixth Circuit has affirmed the sentencing of Alfred Bradley Adkins, one of Eric Conn's co-defendants.

Eviction Of Unions Causes Problems For Social Security Employees

     Ailsa Change of National Public Radio reports on the problems caused by Social Security's evictions of unions from its premises.

SSA Wants To Remove Inability To Communicate In English As Factor In Disability Determination

     The Social Security Administration has asked the Office of Management and Budget to authorize the publication of proposed regulations on Removing Inability to Communicate in English as an Education Category. If approved by OMB, the proposed changes would be published in the Federal Register and the public could comment. Social Security could then consider the comments before asking OMB to authorize the publication of final regulations. Here's Social Security's summary of the proposal:

We propose to revise existing disability evaluation rules relating to the ability to communicate in English.  Specifically, we will clarify that an inability to communicate in English is not tantamount to illiteracy or inadequate verbal communication.  Rather, an inability to communicate adequately verbally or in writing in any language will be the effective standard.   The proposed revisions will reflect current research, analysis of our disability program data, Federal agency data about workforce participation, and comments we received from the public in response to an Advance Notice of Proposed Rulemaking.

     If you think this proposal is based upon "research" instead of rampant Republican racism and nativism, you're naive. Inability to communicate in English remains a serious obstacle to work particularly when added to other obstacles caused by illness.
     This is one of several proposals that may not advance if Democrats gain control of the House of Representatives in November.

They Need Help

Widow of a Conn client who committed suicide

     The struggle continues for many of Eric Conn's former clients. Social Security has expanded its target list. They're now going after more of his former clients. The hearings are starting up again.
     Kentucky attorneys have stepped up and are representing many of these unfortunate folks but the need is far beyond what Kentucky attorneys can handle.

     Don't think that if you volunteer that you'll be working with criminals (not that there's anything wrong with that). No one is accusing Conn's clients of being in on his scheme. Many of Conn's clients never met Conn. I represent several of Conn's former clients and can tell you that they're ordinary Social Security disability claimants.

     These cases can't be done on a fee generating basis because the claimants continue to receive benefits as they await new hearings and decisions from new Administrative Law Judges.

     You don't have to travel to Kentucky to represent one of Conn's former clients. You can participate in the hearing by video from your nearest hearing office.

     To volunteer, please contact Mary Going at AppalRed Legal Aid. Her e-mail address is mary[at]ardfky.org. Her phone number is 606-886-9876. There's a listserver where you can ask for and receive advice on representing Conn's former clients.

Mass AC Remands On Lucia Grounds Coming?

     From a revised version of Social Security's Emergency Message EM-18003 on Important Information Regarding Possible Challenges to the Appointment of Administrative Law Judges in SSA’s Administrative Process:

If a claimant or representative files a timely Appointments Clause challenge and timely requests Appeals Council review, the AC will consider the challenge in the context of the facts of the case (including, but not limited to, the date of the ALJ decision and the date the challenge was raised) in determining whether there is a basis to grant review. The AC will determine whether granting review is appropriate under 20 CFR 404.970 or 416.1470, or both, when considering both the decision on the merits and any potentially unresolved Appointments Clause issues.

In those matters where a timely Appointments Clause challenge to an ALJ decision issued prior to July 16, 2018 is raised to the Appeals Council in a proper request for review, the AC will grant review and issue a decision or order remand, as appropriate.