Disabled Adult Child Claims Being Missed

Individuals who become disabled before age 22 may qualify for Disabled Adult Child (DAC) benefits based upon the Social Security earnings record of their mother or father, once the mother or father goes on Social Security benefits or dies. Social Security's Office of Inspector General (OIG) has posted a study done recently which shows that a large number of people drawing Supplemental Security Income (SSI) benefits may be eligible for DAC benefits, but do not know to apply. Some excerpts from the study:

We examined information from electronic data extracts from the Agency's Supplemental Security (SSR) and Master Beneficiary Records (MBR). As of August 10, 2006, our examination had identified 278,794 SSI recipients who had (1) attained age 18 on or after August 22, 1996; (2) established their dates of disability before age 22; (3) received OASDI benefits as children; and (4) received SSI payments. For these recipients, we applied additional screening requirements and found 5,908 individuals who appeared to be eligible for additional OASDI benefits. These individuals were receiving only SSI payments as of August 2006. ...

Of the 5,908 SSI recipients, we selected a random sample of 200 for review. We independently reviewed information, recorded as of September 2006, in these recipients' respective SSRs and MBRs.

RESULTS OF REVIEW

Our analysis of information in SSA's SSR and MBR found there were SSI recipients who received OASDI benefits as child beneficiaries who appeared to be eligible for additional OASDI benefits. Of the 200 SSI recipients we reviewed, 137 appeared to be DAC cases and eligible for additional OASDI benefits. As such, we estimate about 4,047 of the 5,908 SSI recipients we identified may be eligible for additional OASDI benefits. Of the 137 DAC cases, we selected 10 SSI recipients to assess their respective OASDI and SSI payments. We determined these 10 recipients were due OASDI underpayments of approximately $114,000.

Results Of Last Week's Unscientific Poll

For SSA Employees Only
For Social Security employees only: How would you rate Social Security as an employer?

Excellent (35)	34%
Good (31)	30%
Fair (23)	22%
Poor (15)	14%

Total Votes: 104

Social Security Testimony On Medicare Prescription Drug Implementation

Beatrice Disman, Social Security's Regional Commissioner for the New York region and Chair of Social Security's Medicare Planning and Implementation Task Force, testified before the Health Subcommittee of the House Ways and Means Committee. Her prepared remarks have been posted online.

Social Security Office Siting Decisions Causing Controversy

The Bristol Press reports that members of the Connecticut Congressional delegation met with Social Security Commissioner Michael Astrue over a plan to close the Bristol Social Security District Office. Meanwhile, FortWayne.com reports that there is controversy over moving the Fort Wayne, IN Social Security office to a location that is a mile from a bus stop.

An Image From 1937

Who Is Advantaged By Short Time Period To Apply To Become ALJ?

The Office of Personnel Management (OPM) has started the process of creating a new register from which Administrative Law Judges (ALJs) can be hired. Those who want to apply have only two weeks at the most to submit an application, but the time frame may be much less, since the register will close at the end of the first day upon which a total of 1,250 people have applied.

The question I pose today is "Who is advantaged by such a short time frame to apply?" The answer has to be that the people who are advantaged are those who heard quickly about what OPM had done. That group would include some who have been trying for years to obtain an ALJ position but there cannot be many in that group who keep up with this subject on a near daily basis. The group would also include some attorneys in private practice who represent Social Security claimants and who are interested in becoming ALJs. Many, but not all of them have already heard about the new ALJ register. However, by far, the biggest group who would have learned on Friday about the new ALJ register would have been attorneys employed by Social Security. There can be no doubt that word of what OPM had done rocketed around Social Security on Friday morning and that by noon virtually every attorney employed by the agency who was not taking a long weekend knew that a new ALJ register was being created. Probably, word got around to many attorneys working for other federal agencies, but not like at Social Security, where the vast majority of ALJs work and where most attorneys knew that a new ALJ register was coming.

Thus, I expect that a high percentage of those 1,250 or so people who will be on this new ALJ register will be currently employed by Social Security or will have been involved in representing Social Security claimants. If I am correct, this will mean that Social Security will be hiring ALJs who have a good deal of practical experience and technical knowledge in Social Security. This is a good thing in my view.

Why Such A Short Time To Apply For ALJ Jobs?

The Office of Personnel Management (OPM) is now taking applications to become federal Administrative Law Judges (ALJs). Most of the ALJ hired as a result of this process will end up working for the Social Security Administration. OPM will only take applications for two weeks or until they have about 1,250 applications. The application itself is long. OPM must somehow grade the applications as if they were an examination. Applicants will receive numerical scores that will go a long way towards determining who becomes an ALJ. It is important that applicants do a good job on the OPM form. Those wanting to become ALJs want to spend time finely crafting their applications, yet they have at most two weeks. The time frame could easily be no more than a few days.

Why would OPM do this to someone wanting to become an ALJ? It seems so bizarre that one thinks there must be some bizarre explanation. However, let me suggest a simple explanation that fits the facts. OPM is under enormous pressure to grade those ALJ applications and produce a register of ALJ applicants by the beginning of the next fiscal year, October 1, 2007. Grading ALJ applications must be time consuming. No one knows how many people would file applications if OPM gave a more reasonable time to submit applications, such as three months, but it would probably be several times 1,250. More time given to submit ALJ applications also cuts into the time OPM has to grade applications before October 1. Thus, I suspect that the reason that OPM is making the application period so short and is only willing to accept about 1,250 applications is that OPM wants to make sure that it can finish grading all the applications by October 1. I think that OPM has a rational basis for what it is doing, even though I am sure I would be fuming if I wanted to become an ALJ. Of course, OPM should not have gotten itself into this situation, but that is another story.

Office Of Personnel Management Posts ALJ Job Announcement

The Office of Personnel Management has posted the following job announcement and note how short the time period is for applying (why?):

Administrative Law Judge

SALARY RANGE: 109,373.00 - 154,600.00 USD per year OPEN PERIOD: Friday, May 04, 2007
to Friday, May 18, 2007
SERIES & GRADE: AL-0935-03 POSITION INFORMATION: Full Time Career/Career Conditional
DUTY LOCATIONS: Many vacancies - Throughout The Nation, US
WHO MAY BE CONSIDERED:
U.S. Citizens

JOB SUMMARY:

The Administrative Law Judge (ALJ) function was created by the Administrative Procedure Act (APA) in 1946 to ensure fairness in administrative proceedings before Federal Government agencies. The APA also provided for a merit selection system and statutory protection of ALJs' independence and impartiality.

BACKGROUND: ALJs act as independent, impartial adjudicators of fact in formal hearings similar to that of a trial judge conducting civil trials without a jury. In general, ALJs prepare for and preside at formal hearings required by statute to be held under or in substantial accord with provisions of the APA, codified in relevant part, in sections 553-559 of title 5, United States Code (U.S.C.).

The Federal Government employs ALJs in a number of agencies throughout the United States and Puerto Rico. Cases may involve Federal laws and regulations in such areas as admiralty, advertising, antitrust, banking, communications, energy, environmental protection, food and drugs, health and safety, housing, immigration, interstate commerce, international trade, labor management relations, securities and commodities markets, transportation, social security disability and other benefits claims.

Individuals who wish to apply for a position as an ALJ with the Federal Government should read this vacancy announcement in its entirety before preparing an application. Applicants must meet all the minimum qualification requirements for an ALJ position as described in this announcement.

SPECIAL NOTE REGARDING OPEN PERIOD: This announcement is open for a period of two weeks, from May 4, 2007 to May 18, 2007, or until the day on which 1,250 completed applications have been submitted, whichever comes first.

An application is considered complete when the Assessment Questionnaire and résumé (described in the "How to Apply" section) are submitted, including veterans' preference documents (if applicable).

If 1,250 applications are reached before the end of the two week open period, this announcement will close at 11:59:59 PM EDT on the day that 1,250 applications have been submitted.

KEY REQUIREMENTS:

* You must be a U.S. Citizen to apply for this job.
* Subject to a background suitability investigation/determination.
* All supporting documents must be submitted (see "How to Apply" section).