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.

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.

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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Disability Policy Seminar

A group of non-profit organizations hosts an annual Disability Policy Seminar in Washington. This year's conference comes up on March 6. Here is a link to some information about topics to be discussed at the seminar and here is a link to a fact sheet about Social Security issues prepared for the conference. Social Security is only one of many topics covered during the seminar.

NCSSMA Issues Newsletter

The National Council of Social Security Management Associations (NCSSMA), an organization of Social Security management personnel, has issued its February 2007 newsletter. The newsletter is dominated by the issue of staffing shortages. Here are a couple of excerpts from the NCSSMA President's message:

We do not believe SSA is in any position right now to handle more work by telephone. The 1-800 Number is at or near capacity and Field Offices, which receive over 50% more business related calls than the 1-800 Number, are well beyond capacity to answer more calls. Can the Internet relieve Field Offices? In the long run we believe it will provide some relief, but we do not think SSA can significantly ramp up Internet services until the applications provide less back end work for Field Offices. The Internet is not a magical solution. Speeding up the input without attention to how the output will be handled is ill-advised. ...

The public is walking through our doors in droves and our phone lines are being overwhelmed. We know what the public wants from us. They want good face-to-face and telephone service. The public has paid for and deserves the best service we can provide. But we must have more resources to provide this service. This is not whining. This is not posturing. It is a plain and simple fact demonstrated every day on the front lines of SSA.

Immigration Attorneys Concerned By Social Security Backlogs

Attorneys representing claimants before the Social Security Administration have obvious reasons to be concerned with agency backlogs, but lawyers in at least one other specialty have their own concerns about the agency's backlogs. Here is a quote from the ImmigrateUSA.com website run by attorney David J. Hart (emphasis added):

Backlogs at the SSA are not only felt by employers, most applicants for new SSNs are required to wait months before a number is issued to them. While most employers are aware that regulations do not require workers to present a SSN card to be authorized to work, the delays in issuance of new SSN cards still presents huge problems to new immigrants who are required a SSN card to open bank accounts, obtain mortgages for new homes, and other paperwork required in the usual move from one country to another. Currently in some regions it may take weeks to obtain a new SSN while in others it may take up to four months.