"Special" Medical-Vocational Profiles

Social Security has posted an addition to its Program Operations Manual Series (POMS) that lists three "special" medical-vocational profiles in which a claimant should be found disabled. These profiles are in addition to what are generally referred to as the "grid regulations", which list several dozen such profiles. Here are the three profiles listed in this POMS issuance:

I. A finding of “disabled” will be made for persons who:

• are not working at SGA level, and

• have a history of 35 years or more of arduous unskilled work, and

• can no longer perform this past arduous work because of a severe impairment(s), and

• have no more than a marginal education.

NOTE: This provision would not necessarily be defeated by very short periods of semi-skilled or skilled work if no transferable skills exist or by longer periods of semi-skilled or skilled work if it is clear that the skill acquired is not readily transferable to lighter work and makes no meaningful contribution to an individual’s ability to do any work within his or her present functional capacity.

II. A finding of “disabled” will be made for persons who:

• have a severe impairment(s), and

• have no past relevant work (PRW), and

• are age 55 or older, and

• have no more than a limited education.

III. A finding of “disabled” will be made for persons who:

• are not working at SGA level, and

• have a lifetime commitment (30 years or more) to a field of work that is unskilled, or is skilled or semi-skilled but with no transferable skills, and

• can no longer perform this past work because of a severe impairment(s), and

• are closely approaching retirement age (age 60 or older), and

• have no more than a limited education.

NOTE: To satisfy the requirement for this profile, the 30 years of lifetime commitment work does not have to be at one job or for one employer but rather work in one field of a very similar nature. If the person has a history of working 30 years or more in one field of work, the use of this profile will not be precluded by the fact that the person also has work experience in other fields, so long as that work experience in other fields is not past relevant work which the person is still able to perform.

Retrieving Old Folders at SSA

Old claim folders are a perennial problem for attorneys representing Social Security disability claimants. Many claimants with currently pending claims have filed previously. Sometimes they have been on disability benefits previously. Often the attorneys want these old claim files retrieved. This can be difficult to accomplish since field office personnel are often unfamiliar with the process. Even when the old file is properly ordered, it can take quite some time before it is retrieved. Social Security has issued new instructions in its POMS manual of how it is done.

Empire Law Center Newsletter

The Empire Law Center of Rochester, NY has released its May 2006 issue of Disability Law News, a newsletter on disability law with a strong emphasis on Social Security issues. The newsletter has excellent coverage of recent developments in Social Security law.

Automated Phone Calls to Claimants With Hearings

With no fanfare or advance warning Social Security has begun a program that gives each Social Security claimant who has a hearing scheduled with an Administrative Law Judge an automated telephone call to remind them of the hearing.

Reality Check

A Baltimore Sun article about a McKinsey & Company study has sobering news for people who have inadequate retirement savings:

Four out of 10 retired workers left their jobs sooner than they had planned, usually because of health problems or the loss of employment, according to the report by McKinsey & Co., which was based on a national survey of 3,086 people.

The survey also found that 45 percent of people who are currently employed planned to keep working past age 65. But among the retirees polled, only 13 percent said they had done so.

Kingsport, TN Woman Charged

Knoxnews reports that Angela Kodak of Kingsport, TN has been charged with fraud for collecting Social Security children's benefits since 1991 even though she had given up custody of the children. The amount of the alleged overpayment is nearly $200,000.

Can We Afford Social Security When Baby Boomers Retire?

The National Academy of Social Insurance (NASI) is doing a program in Washington, D.C. on May 25 on whether the country can afford Social Security once baby boomers retire. Here is some information on the program (which features a free breakfast!):

Location	National Press Club, First Amendment Lounge (529 14th Street, NW, 13th Floor, Washington, DC)
Fee	Free Event
Registration Deadline	05/24/2006
Contact	Anita Cardwell

** Registration and continental breakfast at 8:30am**
Policy makers and policy advisors are busy examining ways to address national concerns about the United States' aging population. How are current retirees faring? What are the latest trends in private pensions and savings? Can we afford Social Security when baby boomers retire?

You are invited to join the National Academy of Social Insurance for this important update on issues affecting all Americans. Come prepared to ask questions. Ample time will be set aside for discussion.

Moderator:
Luisa Grillo-Chope, National Council of La Raza

New Findings: Income of Americans 65 and Older
Debra Whitman, Congressional Research Service

Developments in Pensions and Savings
William Arnone, Ernst and Young

Can We Afford Social Security When Baby Boomers Retire?
Virginia Reno, National Academy of Social Insurance

Commentary:
Stephen Goss, Chief Actuary of Social Security
Margaret Simms, Joint Center for Political and Economic Studies
David John, Heritage Foundation
William Spriggs, Howard University

Signature Proxy Extends to Appeals

A Social Security Emergency Message reveals that Social Security will accept signature proxies on appeals effective on May 22, 2006. A "signature proxy" is a substitute for an actual "wet" signature on an actual piece of paper. This means is that effective May 22, Social Security will accept appeals filed electronically.