Empire Justice Center Publishes Benefits Management Manual For Working People With Disabilities

From the Empire Justice Center:

A practical, comprehensive and affordable reference book which covers the many aspects of how work activity affects a person’s right to Social Security, SSI, Medicaid and Medicare. This is our twelfth edition of the Manual and the 2007 version is the best ever.

The Manual contains the latest citations to all relevant Social Security laws, regulations, policies and selected case law, with many tips to assist advocates through this maze of regulation and policy. The Manual is written in an outline format which makes it easy to use as a reference book. Many examples are used to illustrate various points and forms are included to show how to develop a PASS proposal and calculate the amount of an SSI check. The Manual is a handy resource tool whether you are an advocate, rehabilitation counselor or consumer.

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits are governed by federal law, regulation and policy. Therefore, the material in the Manual applies to every state of the country.

ABOUT THE EDITORS

Edwin J. López-Soto is a 1981 graduate of Cornell Law School and is a former Staff Attorney with the Greater Upstate Law Project, Inc., in Rochester, New York, where he provided research, technical and litigation support to attorneys and paralegals for more than 15 years, as part of a statewide Social Security advocacy project. Currently, he is employed by Cornell University’s Program on Employment and Disability as a lead trainer and technical assistance specialist.

James R. Sheldon, Jr. is a 1978 graduate of the University at Buffalo Law School and is Supervising Attorney of the Disability Law Unit at Neighborhood Legal Services in Buffalo, New York. Mr. Sheldon currently supervises three work incentives projects, including a regional Work Incentives Planning and Assistance Project. With Mr. López, he is the co-editor/author of The Benefits Planner, a quarterly newsletter on SSI and SSDI work incentives.*

* Available at www.nls.org/tocplanr.htm

Social Security Posts Attorney Fee Payments Data

Social Security has posted updated data on payments of fees to attorneys and others eligible for direct payment of fees for representing Social Security claimants. After being at very low levels in January and February of this year, fee payments went up dramatically in March and April, probably due to the authorization of overtime for payment center employees. These fee payment figures track closely with payments of benefits to claimants who have been recently approved for benefits. Increased payments of these fees indicate reduction in backlogs of payments to claimants.

Fee Payments
Month/Year	Volume	Amount
Jan-07	15,331	$55,149,991.81
Feb-07	19,301	$69,731,683.72
Mar-07	26,505	$94,396,916.02
Apr-07	26,889	$96,650,134.82

Social Security Employees Beware Of Rudolph Giuliani's Workforce Plans

Fedblog says that candidate Rudolph W. Giuliani was talking recently about the wave of retirements about to hit the federal workforce. About 42% of federal civilians will retire during the next two presidential terms. Giuliani's response: "Some politicians assume that we'll just replace all of them," he said. "I bet there are some politicians in the other party -- I don't know, maybe in ours -- that think we ought to increase them. . . . Here's what I would do: I would seek to replace only half of them."

ALJs And CLE

Here is the text of a letter posted on the ALJ Improvement Board concerning the problem that many of Social Security's Administrative Law Judges (ALJs) have with meeting a recent requirement of the Office of Personnel Management that they maintain active bar membership. Many of the ALJs have not been taking enough Continuing Legal Education (CLE) courses to meet the requirements necessary to keep their bar membership current:

ASSOCIATION OF ADMINISTRATIVE LAW JUDGES, INC.
Henry Reuss Federal Plaza, Suite 880
310 W. Wisconsin Avenue
Milwaukee, Wl 53203

April 23, 2007

The Honorable Frank Cristaudo
Chief Judge
Office of Disability Adjudication and Review
Social Security Administration
One Skyline Tower, Suite 1500
5107 Leesburg Pike
Falls Church, VA 22041-3255

Re: OPM Final Rule Regarding Bar Status of Administrative Law Judges

Dear Chief Judge Cristaudo:

Effective April 19, 2007, Office of Personnel Management ("OPM") issued a Final Rule that requires active state bar membership as a qualification for service by incumbent Administrative Law Judges. Although we have had discussions with OPM regarding our objections to the Final Rule, and we have instituted a legal challenge to the Final Rule, there are several practical questions regarding the implementation of the Final Rule.

As you may be aware, there are a significant number of SSA Administrative Law Judges who are not currently compliant with the active state bar membership requirement. OPM has taken the position that these Administrative Law Judges are not qualified to serve as Administrative Law Judges because they fail to meet a continuing requirement of their position. As to those affected Administrative Law Judges, we would like guidance regarding:

• whether they are obligated to advise the claimants in their pending cases that they do not meet a continuing requirement for their position under the Final Rule;

• whether they must cease scheduling cases until they can come into compliance with the Final Rules' requirements;

• whether they are required to cease the adjudicatory process on cases pending before them, i.e. decision making processes; and

• whether they have to take any action to notify claimants in cases where a decision has been rendered, whether on appeal or not, that they did not meet a continuing requirement for their position under the Final Rule when they issued their decision?

We raised these issues with OPM in our informal discussions, but OPM directed us to raise these concerns with the individual agencies. As you know, there is a substantial backlog of cases at the Social Security Administration. We hope that your response to this inquiry will help alleviate any possible disruptions to the adjudication process caused by the issuance of the Final Rule

In view of the importance of the issue, I trust that you will give this matter your attention and respond to this inquiry as soon as possible.

Sincerely,


Ronald G. Bernoski
President

Astrue On Today Show -- Reveals Top Baby Names

According to ivillage, Michael Astrue, Commissioner of Social Security, was on the Today Show on NBC this morning to reveal last year's top baby names. I did not see the show and have been unable to find the video. Anyway, here's the list of most popular baby names from last year from Social Security's website:

Boys:	Girls:
1) Jacob 2) Michael 3) Joshua 4) Ethan 5) Matthew 6) Daniel 7) Christopher 8) Andrew 9) Anthony 10) William	1) Emily 2) Emma 3) Madison 4) Isabella 5) Ava 6) Abigail 7) Olivia 8) Hannah 9) Sophia 10) Samantha

Notice Of ALJ "Examination" Closure

From the Office of Personnel Management (OPM):

Examination Closed: Vacancy Announcement Number 2007ALJ – 134575 for the Administrative Law (ALJ) examination, issued on May 4, 2007, is closed to the receipt of applications.

The announcement will remain closed, except as required by 5 CFR 332.311, while the Office of Personnel Management (OPM) processes the applications. Applicants who successfully complete the ALJ examination under Vacancy Announcement Number 2007ALJ – 134575 will have their names placed on a new ALJ register. Once this new register is established, the previous register used to fill ALJ positions (from Announcement Number 318, as amended) will be terminated.

The new ALJ register will be used as the source of names to make referrals to agencies for employment consideration when they have entry level ALJ vacancies to fill. Names are referred in numerical score order, based on the duty location of the position(s) to be filled and the geographical preference of applicants. It is the responsibility of the agencies to make selections from the list of candidates referred for employment consideration from among the highest three available names, taking into consideration veterans' preference rules regarding order of selection.

It is OPM’s responsibility to ensure that the register maintains the names of a sufficient number of high-quality ALJ candidates to meet the projected hiring needs of agencies. Consequently, OPM will periodically re-open the ALJ examination. Future open periods for the ALJ examination will be posted by a vacancy announcement on OPM’s website at: http://www.usajobs.gov

Ninth Circuit Rules Against Opting Out of Social Security On Religious Grounds

From Reuters:

A U.S. federal appeals court dismissed a case on Monday in which a Las Vegas attorney argued his Mormon religion should exempt him from Social Security taxes.

"I don't believe in it, I don't like it, I think it is Satanic," Jonathan Hansen said in a telephone interview, adding that to date he has paid his Social Security taxes. "I belong to a religion that will take care of me. I don't need the Social Security system and I don't want it."

"It violates my religious beliefs and it violates the teachings of my church as I interpret them."

The U.S. 9th Circuit Court of Appeals disagreed with such arguments and backed a lower court's dismissal of Hansen's claim.

POMS On Work Incentives

Social Security has added a new section in its POMS Manual summarizing the work incentive rules for those receiving disability benefits from the agency. Can anyone read this and not come to the conclusion that these rules need dramatic simplification? How can anyone expect a person receiving Social Security disability benefits to understand all this? Even experienced agency personnel have trouble with the subject. No wonder most who receive disability benefits from Social Security are frightened to go back to work. Also, it should be no wonder that many of those who do return to work end up with overpayments.