Results Of Last Week's Unscientific Poll

Social Security Commissioner Astrue testified that Social Security could only absorb 150 additional Administrative Law Judges (ALJs) in the next fiscal year. Under the circumstances that Social Security faces at the moment, how many ALJs do you think that Social Security should add in the next fiscal year?

0-100 (11)	12%
100-200 (22)	24%
200-300 (29)	32%
300-400 (12)	13%
More than 400 (18)	20%

Total Votes: 92

An Image From 1991

Social Security Ticket to Work Meeting

Social Security's Ticket to Work and Work Incentives Advisory Panel has scheduled a teleconference meeting for June 13, 2007. It is possible for the public to listen in and to speak.

Send Feedback To Social Security News

On the right side, near the top of this page, readers will see a feedback button. I have reproduced it below. This will make it easier for readers to give their feedback. Those sending feedback can do it anonymously, if they wish.

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