Social Security has published new final rules expanding the situations in which optometrists will be considered "acceptable medical sources" for disability determination. This will allow Social Security to make disability determinations without ordering unnecessary examinations by ophthalmologists (who are M.D.s) for claimants being treated by optometrists (who are not M.D.s) and may allow optometrists to do consultative examinations for Social Security.
Mar 1, 2007
Social Security Office On Lovers Lane?
From the Visalia (California) Times-Delta:
A southeast Visalia neighborhood is up in arms about a proposed 12,535-square-foot Social Security Administration building that is due to go up along Lovers Lane near Tulare Avenue."We had no idea this was going to be built here," said Kimberlie Tyler, 31, head of a large neighborhood organization that opposes the high-traffic office building being dropped into their neighborhood.
Historical Time Frame On Fee Cap Increase
Jo Anne Barnhart was confirmed as Commissioner of Social Security on November 2, 2001, according to the online biography that Social Security has on her.
About two months later, on January 8, 2002, Barnhart signed an order order raising the cap on the amount that attorneys may charge for representing Social Security claimants from $4,000 to $5,300. This order was published in the Federal Register on January 17, 2002.
The fee cap has not been raised since Barnhart did it five years ago.
Michael Astrue was confirmed on February 2, 2007. It is unclear whether Astrue will raise the fee cap at this point or ever. If he is going to do it, it is unlikely that he cares about doing it in the same time frame as his predecessor, but it is still interesting to have an historical reference point.
About two months later, on January 8, 2002, Barnhart signed an order order raising the cap on the amount that attorneys may charge for representing Social Security claimants from $4,000 to $5,300. This order was published in the Federal Register on January 17, 2002.
The fee cap has not been raised since Barnhart did it five years ago.
Michael Astrue was confirmed on February 2, 2007. It is unclear whether Astrue will raise the fee cap at this point or ever. If he is going to do it, it is unlikely that he cares about doing it in the same time frame as his predecessor, but it is still interesting to have an historical reference point.
ADA Restoration Act Threatens Social Security Disability Claimants
The Americans with Disabilities Act (ADA) has become virtually worthless as a result of judicial constructions. There is a bipartisan movement to enact an ADA Restoration Act to remove these judicially created barriers preventing the ADA from serving its intended purpose. See this press release from last fall issued by the top Democrat and top Republican on the House Judiciary Committee.
As a general matter, the ADA Restoration Act would be a wonderful thing. However, it could be problematic for Social Security disability claimants. There have been people arguing that the existence of the ADA should mean that far fewer people should be approved for Social Security disability benefits, because disabled people have far greater opportunities now than they had before. However, now long after the ADA was adopted the then head of Social Security's Office of Hearings and Appeals, Dan Skolar, issued a memorandum saying that the ADA could not be used in this way. I am sorry but I cannot find an online link to this memorandum. This memo has made it essentially impossible for Social Security to pursue such a policy. However, if an ADA Restoration Act passes without language to protect Social Security disability claimants, it is very likely that Social Security would revisit the issue. The result could be catastrophic for Social Security disability claimants.
As a general matter, the ADA Restoration Act would be a wonderful thing. However, it could be problematic for Social Security disability claimants. There have been people arguing that the existence of the ADA should mean that far fewer people should be approved for Social Security disability benefits, because disabled people have far greater opportunities now than they had before. However, now long after the ADA was adopted the then head of Social Security's Office of Hearings and Appeals, Dan Skolar, issued a memorandum saying that the ADA could not be used in this way. I am sorry but I cannot find an online link to this memorandum. This memo has made it essentially impossible for Social Security to pursue such a policy. However, if an ADA Restoration Act passes without language to protect Social Security disability claimants, it is very likely that Social Security would revisit the issue. The result could be catastrophic for Social Security disability claimants.
Feb 28, 2007
Dual Monitors At NC DDS
Many of those dealing with paperless EDIB files at Social Security and state disability determination services (DDS) have dual monitor displays on their wish list. Dual monitors make it easier to deal with paperless files. An employee can view a claimant's file on one monitor and use a different program on the other monitor.
I can report that North Carolina DDS has recently made the transition to dual monitors. Are other state DDS's following suit? What about employees at Social Security's Office of Disability Adjudication and Review (ODAR)? Readers can use the comment feature to respond.
I can report that North Carolina DDS has recently made the transition to dual monitors. Are other state DDS's following suit? What about employees at Social Security's Office of Disability Adjudication and Review (ODAR)? Readers can use the comment feature to respond.
Retardation Fraud In Tacoma
From CNN:
A woman admitted Monday that she coached her two children to fake retardation starting when they were 4 and 8 years old so she could collect Social Security benefits on their behalf.
Rosie Costello, 46, admitted in U.S. District Court that she collected more than $280,000 in benefits, beginning in the mid-1980s. Most was from Social Security, but the state social services agency paid $53,000.
Costello pleaded guilty to conspiracy to defraud the government and Social Security fraud. Her son, Pete, 26, pleaded guilty earlier this month. Federal prosecutors in Seattle said Monday authorities had not yet located her daughter, Marie.
According to the plea agreement, Costello began coaching her daughter at age 4, and later used the same ruse with her son. He feigned retardation into his mid-20s -- picking at his face, slouching and appearing uncommunicative in meetings with Social Security officials.
Social Security workers became suspicious and uncovered a video of Pete Costello ably contesting a traffic ticket in a Vancouver courtroom.
Social Security Disability Coalition
When it comes to Social Security, the voices of those who work for the Social Security Administration, those who represent claimants before the agency and some non-profit groups are heard. The one group that is seldom heard from is the most important one -- the Social Security claimants themselves. There is a very active online forum, however, where anyone can listen to Social Security disability claimants as they talk with each other. It is the Social Security Disability Coalition.
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