DOT Replacement Coming Soon?

     The National Association of Disability Examiners (NADE) has posted its most recent newsletter. NADE members make determinations on disability claims for Social Security at the initial and reconsideration level. Here’s an excerpt from a write up on a talk by Gina Clemons, Social Security’s Associate Commissioner for Disability Policy:

... Gina also updated the NADE audience on work underway in the agency’s Vocational Regulations Modernization (VRM) and Occupational Information Systems (OIS) projects. These companion projects have been ongoing for several years. Key to the OIS project is an ongoing effort (since 2012) with the Bureau of Labor Statistics (BLS) to collect updated occupational information through the Occupational Requirements Survey (ORS) that we will use in adjudication. The good news here is that, after three years of testing and three years of data collection, BLS will publish a complete data set documenting requirements of work in the U.S. economy sometime this winter. BLS is committed to regularly updating occupational information moving forward on a 5-year refresh cycle and has already started collecting updated occupational data to refresh the ORS data set by 2024. BLS will document some of the basic mental demands of jobs in the 2024 ORS refreshed data.

The ORS data set will replace the Dictionary of Occupational Titles in adjudication. SSA has adopted an evidence-based, data-driven approach to modernizing the vocational regulations. The scope of the VRM project includes policy considerations in step 4 and 5 of the sequential evaluation process. Gina explained that several internal teams involving representatives from across SSA have been working on policy development for VRM.

 

Positions Of The Two Parties On Social Security

     The New York Times summarizes the positions of the two major parties on Social Security as we approach an election. Simply put, Democrats want to enhance Social Security and Republicans want to cut it. Given the extent to which Americans rely upon Social Security, it’s hard to comprehend why voters haven’t emphatically rejected the Republican Party.

Received Appointed For Conn Files

     A receiver has finally been appointed to handle the thousands of case files left behind by Eric Conn. No one knows how long it will be before his former clients get access to their files. Hearings are ongoing in these cases. From what I've seen and heard, Administrative Law Judges have been told to barge forward and wait for almost nothing, including these files which may contain medical evidence. Of course, there are hundreds of Conn's clients who have already lost benefits who never knew that these files still existed.

Going Backwards

     Below is a summary of the 2019 Fiscal Year (FY) appropriation for Social Security recently signed into law. FY 2019 began on October 1 of this year. This was obtained by the National Organization of Social Security Claimants Representatives (NOSSCR) and published in their newsletter (which isn't available to the public online). Click on the image to view full size.

     Remember that because of inflation a flat appropriation means the agency is losing ground.

When Will The Appeals Council Act?

     The Securities and Exchange Commission is remanding all cases pending before the full Commission for new hearings before different Administrative Law Judges, without regard to whether the Lucia issue was raised before ALJ or even before the full Commission. When will Social Security follow suit? Tens of thousands of cases are pending at Appeals Council. My firm has a considerable number of cases pending at the Appeals Council. We’ve raised the Lucia issue in each one. We’re not getting remands. We’re not getting denials of review. The cases are just sitting there.  What are they waiting on? Come on, Mr. Lucia himself didn’t raise the issue of ALJ appointment before the ALJ.

Departmental Appeals Board At Social Security? OIG A Party Appealing ALJ Decisions?

     Can someone explain to me the process discussed in the Second Circuit decision in Capetta v. Commissioner of Social Security? Was the Court just confused in its description of the administrative process?

Full COLA Announcement

     Below is the full Cost Of Living Adjustment (COLA) announcement from Social Social. It includes Maximum Taxable Earnings, income required for a Quarter of Coverage, Retirement Earnings Test (for those under Full Retirement Age), and the new Supplemental Security Income payment amounts, among other things. Note that they include the SSI Resource Limits and Income Exclusions even those have NEVER been adjusted for inflation and are absurdly out of date.

     Click on the image to view full size.

2.8% COLA

     As predicted Social Security's Cost of Living Adjustment (COLA) for this year is 2.8%.

Proposed Regs On Rep Payees

     The Social Security Administration has published proposed regulations to implement legislation passed in August that prohibits persons convicted of certain criminal offenses from serving as a representative payee in certain circumstances. I hope there's enough discretion remaining in this proposal. Certainly, there are rep payees who rip off Social Security beneficiaries but the biggest problem I've seen has been a lack of anyone willing or able to be a rep payee. Blanket disqualifications may exclude trustworthy people. It's possible to commit a crime, be convicted, serve your time and then get out and live an honorable life.

Waiting In Topeka

     From the Topeka Capital-Journal:

The average time to process a claim for Kansans with disabilities jumped this fiscal year, despite millions of dollars invested into the Social Security system to address an issue one official called “inhumane” and “unacceptable.”

Mike Stein, assistant vice president of operations strategy and planning for TrueHelp, said he has “a lot of words” about what people face who are unable to work and whose lives may be destroyed as they await a decision from Social Security on whether they deserve disability benefits. An average disability check is $1,197 per month, he said.

“Every month that goes by when that person who is simply asking for a benefit that they paid for during their working years doesn’t seem fair,” he said. “All that while, they might not be able to afford their medications or regular treatment on top of the other financial stresses. Their condition probably is going to get worse because of their financial strain. They were prescribed one pill a day, and they take a half a pill a day because of cost.” ...

"A lot of damage gets done when someone can no longer work,” he said. “We see the physical ailment turn into a mental ailment at times. The depression from losing a big part of one’s identity. Neighbors looking at you. A lot of pressure, all the way you’re waiting on Social Security. We hear the stories of them taking out loans, losing the house, the spouse has to get another job. These are not outlier stories.”