I have heard that at least in North Carolina the "informal" remands or "re-recons" have begun. These are cases awaiting an Administrative Law Judge hearing which are selected by a computer formula to be sent back for a new look at the reconsideration level. Something like 2% of pending requests for hearing are being returned at this time for a new look at the reconsideration level. If no favorable action is possible on the new reconsideration review, the cases will be returned to the Office of Disability Adjudication and Review for a hearing, probably without the claimant ever knowing of the review.
Jun 5, 2007
"Streamlined" Hearing Files -- Bates Stamping Only
I am hearing that the "streamlined" hearing files that Commissioner Astrue was referring to in his appearance before the Senate Finance Committee will have "Bates stamping" only. ""Bates stamping" refers to sequentially numbering each page of a section of a Social Security hearing file -- but without removing duplicate records or attempting to place the records in any sort of logical order. However, it is not clear to me that this is completely mandatory.
In the past, when Administrative Law Judges heard cases on unpulled files, the files were "pulled" if the claim was to be denied. Apparently, there will never be any true pulling of exhibits with these "streamlined" files. The Appeals Council and District Courts should beware. They will not like the looks of these files.
This would help explain the plan for a computer program to "pull" exhibits in scanned files. A program which does no more than stamp a number on each page is no great feat. It appears that Social Security is abandoning "pulling" exhibits, perhaps permanently.
In the past, when Administrative Law Judges heard cases on unpulled files, the files were "pulled" if the claim was to be denied. Apparently, there will never be any true pulling of exhibits with these "streamlined" files. The Appeals Council and District Courts should beware. They will not like the looks of these files.
This would help explain the plan for a computer program to "pull" exhibits in scanned files. A program which does no more than stamp a number on each page is no great feat. It appears that Social Security is abandoning "pulling" exhibits, perhaps permanently.
House Appropriations Set To Take Up Social Security As Republicans Look For Veto
The Disability Policy Collaboration's Capital Insider reports that the House Appropriations Committee will markup the Labor-HHS-Education appropriations bill on June 7. This is the appropriations bill that includes Social Security. The markup is being done without any hearing about Social Security's budget. I do not know what the lack of a hearing means, but it surprises me. Has this ever happened before?
The Capital Insider also reports that Republicans in the House of Representatives are circulating a letter in hopes of obtaining enough signatures of Republicans who will vote to sustain a veto by President Bush of any spending bill that exceeds the spending levels in the President's budget. This could bring about extended fights over many appropriations bills.
The Capital Insider also reports that Republicans in the House of Representatives are circulating a letter in hopes of obtaining enough signatures of Republicans who will vote to sustain a veto by President Bush of any spending bill that exceeds the spending levels in the President's budget. This could bring about extended fights over many appropriations bills.
Jun 4, 2007
Results Of Last Week's Unscientific Poll
Barnhart versus Astrue
How effective is Michael Astrue as Commissioner of Social Security compared to his predecessor, Jo Anne Barnhart?
Total Votes: 105
How effective is Michael Astrue as Commissioner of Social Security compared to his predecessor, Jo Anne Barnhart?
| Astrue definitely more effective (10) | 10% |
| |
| Astrue a bit more effective than Barnhart (10) | 10% |
| |
| About the same (12) | 11% |
| |
| Barnhart was a bit more effective (1) | 1% |
| |
| Barnhart was definitely more effective (16) | 15% |
| |
| Depends upon what you mean by effective (29) | 28% |
| |
| Don't know (27) | 26% |
|
Total Votes: 105
Social Security Blogs
Considering that there may be 60 million blogs and considering that the Social Security Administration employs around 55,000 people and considering that one American in five receives Social Security benefits, it is amazing just how few Social Security blogs there are. If we exclude inactive blogs and exclude blogs that only post occasionally on Social Security issues and exclude blogs that post only for or against privatization of Social Security, I count only five Social Security blogs in addition to this one.
Take a look at my list of Social Security blogs. If you know of one that should be added to the list, let me know. But also consider starting your own Social Security blog. If you read this blog regularly, you might just have something you would like to say on the subject of Social Security. I post my real name on this blog, but blogs can be anonymous.
Take a look at my list of Social Security blogs. If you know of one that should be added to the list, let me know. But also consider starting your own Social Security blog. If you read this blog regularly, you might just have something you would like to say on the subject of Social Security. I post my real name on this blog, but blogs can be anonymous.
Jun 3, 2007
Another CLE
Here is a CLE (Continuing Legal Education) session that I did not include in my list of two days ago.
- July 24, 2007, Ohio State Bar Association, Columbus, OH
Jun 2, 2007
Binder and Binder Sued
From the NY Daily News:
A Connecticut secretary who suffers from the "winter blues" is suing her ex-employers for $33 million, claiming they wouldn't give her a well-lit desk with a window view.
Caryl Dontfraid says she has seasonal affective disorder, which causes depression during the fall and winter and can be alleviated by exposure to bright light.
"She wanted to work closer to a window with good light," her attorney, Robert Campos-Marquetti told the Daily News. "This is a request that could have been easily accommodated."
Dontfraid was cited as an "exemplary employee" for Binder & Binder, a Park Avenue law firm specializing in disability claims.
Binder and Binder represents more Social Security disability claimants than any other law firm.
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