Jul 7, 2007

Chart Of Class Actions And Acquiescence Rulings By State

From Social Security's Program Operations Manual Series (POMS):

StateCourt Cases/ARCircuitSSA RegionPOMS ReferencesPublished DateEnd Date

Alabama


11th

Atlanta




Alaska

CHAVEZ
AR 97-4(9)

LESCHNIOK
AR 86-5(9)

9th

Seattle

General Information on the Chavez AR (DI 32720.001)

12/03/97

03/24/86


Arizona

CHAVEZ
AR 97-4(9)

LESCHNIOK
AR 86-5(9)

9th

San Francisco

General Information on the Chavez AR (DI 32720.001)

12/03/97

03/24/86


Arkansas


8th

Dallas




California

CHAVEZ
AR 97-4(9)

LESCHNIOK
AR 86-5(9)

9th

San Francisco

General Information on the Chavez AR (DI 32720.001)

12/03/97

03/24/86


Colorado


10th

Denver




Connecticut


2nd

Boston




Delaware

SYKES
AR 01-1(3)

PASKEL
AR 86-4(3)

3rd

Philadelphia

Using the Grid Rules as a Framework for Decision-making When an Individual's Occupational Base is Eroded by a Nonexertional Limitation--Titles II and XVI of the Social Security Act (DI 52735.001)

01/25/01

03/24/86


District of Columbia


DC

Philadelphia




Florida


11th

Atlanta




Georgia


11th

Atlanta




Hawaii

CHAVEZ
AR 97-4(9)

LESCHNIOK
AR 86-5(9)

9th

San Francisco

General Information on the Chavez AR (DI 32720.001)

12/03/97

03/24/86


Idaho

CHAVEZ
AR 97-4(9)

LESCHNIOK
AR 86-5(9)

9th

Seattle

General Information on the Chavez AR (DI 32720.001)

12/03/97

03/24/86


Illinois


7th

Chicago




Indiana


7th

Chicago




Iowa


8th

Kansas City




Kansas


10th

Kansas City




Kentucky

DENNARD
AR 98-3(6)

DRUMMOND
AR 98-4(6)

DIFFORD
AR 92-2(6)

6th

Atlanta

General Information on the Dennard Ruling (DI 52706.001)

General Information on the Drummond Acquiescence Ruling (DI 52705.001)

06/01/98

06/01/98

03/17/92


Louisiana

MARTINEZ
AR 86-3(5)

5th

Dallas

Provisions of the Martinez Ruling - Impact of Illiteracy and Inability to Communicate in English on Unskilled Younger Workers Limited to the Sedentary or Light Levels of Exertion (DI32705.001)

01/23/86


Maine


1st

Boston




Maryland

ALBRIGHT
AR 00-1(4)

CULBERTSON
AR 90-4(4)

4th

Philadelphia

General Information on the Albright Acquiescence Ruling (AR) (DI 52715.001)

06/01/98


Massachusetts


1st

Boston




Michigan

DENNARD
AR 98-3(6)

DRUMMOND
AR 98-4(6)

DIFFORD
AR 92-2(6)

6th

Chicago

General Information on the Dennard Ruling (DI 52706.001)

General Information on the Drummond Acquiescence Ruling (DI 52705.001)

06/01/98

06/01/98

03/17/92


Minnesota


8th

Chicago




Mississippi

MARTINEZ
AR 86-3(5)

5th

Atlanta

Provisions of the Martinez Ruling - Impact of Illiteracy and Inability to Communicate in English on Unskilled Younger Workers Limited to the Sedentary or Light Levels of Exertion (DI 32705.001)

01/23/86


Missouri


8th

Kansas City




Montana

CHAVEZ
AR 97-4(9)

LESCHNIOK
AR 86-5(9)

9th

Denver

General Information on the Chavez AR (DI 32720.001)

12/03/97

03/24/86


Nebraska


8th

Kansas City




Nevada

CHAVEZ
AR 97-4(9)

LESCHNIOK AR 86-5(9)

9th

San Francisco

General Information on the Chavez AR (DI 32720.001)

12/03/97

03/24/86


New Hampshire


1st

Boston




New Jersey

SYKES
AR 01-1(3)

PASKEL
AR 86-4(3)

3rd

New York

Using the Grid Rules as a Framework for Decision-making When an Individual's Occupational Base is Eroded by a Nonexertional Limitation--Titles II and XVI of the Social Security Act (DI 52735.001)

01/25/01

03/24/86


New Mexico


10th

Dallas




New York

STIEBERGER

2nd

New York

Stieberger v. Sullivan Court Order (DI32586.001)

06/18/92
Modified – 06/29/92


North Carolina

HYATT

ALBRIGHT
AR 00-1(4)

CULBERTSON
AR 90-4(4)

4th

Atlanta

Hyatt, et al. v. Shalala Court Order (DI 32548.001)

General Information on the Albright Acquiescence Ruling (AR) (DI 52715.001)

03/21/94

01/12/00


North Dakota


8th

Denver




Ohio

DENNARD
AR 98-3(6)

DRUMMOND
AR 98-4(6)

DIFFORD
AR 92-2(6)

6th

Chicago

General Information on the Dennard Ruling (DI 52706.001)

General Information on the Drummond Acquiescence Ruling (DI 52705.001)

06/01/98

06/01/98

03/17/92


Oklahoma


10th

Dallas




Oregon

CHAVEZ
AR 97-4(9)

LESCHNIOK
AR 86-5(9)

9th

Seattle

General Information on the Chavez AR (DI 32720.001)

12/03/97

03/24/86


Pennsylvania

SYKES
AR 01-1(3)

PASKEL
AR 86-4(3)

3rd

Philadelphia

Using the Grid Rules as a Framework for Decision-making When an Individual's Occupational Base is Eroded by a Nonexertional Limitation--Titles II and XVI of the Social Security Act (DI 52735.001)

01/25/01

03/24/86


Rhode Island


1st

Boston




South Carolina

ALBRIGHT
AR 00-1(4)

CULBERTSON
AR 90-4(4)

4th

Atlanta

General Information on the Albright Acquiescence Ruling (AR) (DI 52715.001)

01/12/00


South Dakota


8th

Denver




Tennessee

DRUMMOND
AR 98-4(6)

DENNARD
AR 98-3(6)

DIFFORD
AR 92-2(6)

6th

Atlanta

General Information on the Drummond Acquiescence Ruling (DI 52705.001)

General Information on the Dennard Ruling (DI 52706.001)

06/01/98

06/01/98

03/17/92


Texas

MARTINEZ
AR 86-3(5)

5th

Dallas

Provisions of the Martinez Ruling - Impact of Illiteracy and Inability to Communicate in English on Unskilled Younger Workers Limited to the Sedentary or Light Levels of Exertion (DI32705.001)

01/23/86


Utah


10th

Denver




Vermont


2nd

Boston




Virginia

ALBRIGHT
AR 00-1(4)

CULBERTSON
AR 90-4(4)

4th

Philadelphia

General Information on the Albright Acquiescence Ruling (AR) (DI 52715.001)

01/12/00


Washington

CHAVEZ
AR 97-4(9)

LESCHNIOK
AR 86-5(9)

9th

Seattle

General Information on the Chavez AR (DI 32720.001)

12/03/97

03/24/86


West Virginia

ALBRIGHT
AR 00-1(4)

CULBERTSON
AR 90-4(4)

9th

Philadelphia

General Information on the Albright Acquiescence Ruling (AR) (DI 52715.001)

01/12/00


Wisconsin


7th

Chicago




Wyoming


10th

Denver




American Samoa

CHAVEZ
AR 97-4(9)

9th

San
Francisco

General Information on the Chavez AR (DI 32720.001)

12/03/97


Federal DDS




This depends on the State where the case originated. The Federal DDS could have to apply any court case.



Guam

CHAVEZ
AR 97-4(9)

LESCHNIOK
AR 86-5(9)

9th

San
Francisco

General Information on the Chavez AR (DI 32720.001)

12/03/97

03/24/86


Northern Marianas

CHAVEZ
AR 97-4(9)

LESCHNIOK
AR 86-5(9)

9th

San
Francisco

General Information on the Chavez AR (DI 32720.001)

12/03/97

03/24/86


Puerto Rico


1st

New York




Virgin Islands

SYKES
AR 01-1(3)

PASKEL
AR 86-4(3)

3rd

New York

Using the Grid Rules as a Framework for Decisionmaking When an Individual's Occupational Base is Eroded by a Nonexertional Limitation--Titles II and XVI of the Social Security Act (DI 52735.001)

01/25/01

03/24/86



Jul 6, 2007

Even Business Paper Reports On Social Security Backlogs

The Charleston [SC] Business Journal is reporting on Social Security's backlogs in hearing appeals of disability claims. Here is an excerpt:
Severely ill or injured U.S. workers, like [Don] Longest [the claimant whose story is used to illustrate the article], who file Social Security disability claims must wait a while before their checks arrive. Cutbacks in Social Security Administration personnel have produced a backlog, forcing claimants to wait from 18 months to two years to receive money from Social Security disability benefits, said North Charleston-based disability benefits attorney Robertson Wendt Jr. ...

Longest is one of nearly 136,000 disabled S.C. workers who are Social Security beneficiaries. His case is typical of disabled workers who have faced or currently are facing financial ruin because of the claims backlog, Wendt said.

“People are losing things like their houses and cars because they have to wait up to two years to get their money,” Wendt said.

In Charleston, the average processing time for Social Security disability claims is 507 days, compared with 524 days in Columbia and 594 days in Greenville, according to a report from the National Organization of Social Security Claimants’ Representatives.

Now That's A Training Schedule!

Each month I publish a list of continuing legal education courses and other meetings concerning Social Security. Other than a meeting of the International Social Security Association, I have not listed anything outside the U.S. However, you ought to look at the list of training courses offered by the London Advice Service Alliance (LASA), much of it having to do with the British Social Security system. That is an active training schedule! Of course, LASA has it much easier than any U.S. provider of Social Security education. Probably, most Britons live close enough to make it possible for them to come to London on Britain's efficient rail system for just the day. Also, I expect LASA is mostly government funded as are many who attend these courses.

By the way, LASA offers a database and information management system for less than £300, which would be about $600 in the U.S. Probably, it is not flexible enough to accommodate the needs of attorneys and others who represent Social Security claimants in the U.S. , but maybe someone ought to look into trying to modify it for use in the U.S.

FedROs Held In Close Check

It matters little now, but Social Security is finally getting around to issuing detailed instructions for the operation of the Federal Reviewing Officer (FedRO) experiment going on in Social Security's Boston region. I say it matters little since it has become obvious that the FedRO experiment is going nowhere. There was never any good reason to believe FedRO would work, there is no sign it is working and the current Commissioner of Social Security has no interest in continuing his predecessor's vanity project.

Some thought that attorney FedROs would bring a different sensibility to disability determination and maybe they would if they were given a little freedom to operate. However, here is a sentence from a new section in Social Security's Program Operations Manual Series (POMS) which shows what Social Security really had in mind:
The PE [Program Expert] reviews all cases in which the team leader (TL) and disability examiner (DE) disagree with the Federal Reviewing Official (FedRO) decision as well as a sample of some TL/DE agreement cases.
Social Security is putting team leaders as well as disability examiners in place to police FedRO decisions. It sounds a lot like Social Security wanted to make sure that the FedROs would make exactly the same decisions as the current disability examiners were making.

Ticket to Work Meeting

The Ticket to Work and Work Incentives Advisory Panel has scheduled a meeting from July 24 to 25 in Arlington, VA.

Jul 5, 2007

Prosecutor Mad At Social Security

From the Fond du Lac Reporter:
An area man accused of trying to use a false Social Security card to obtain an identification card isn't the highest-profile case the Fond du Lac County District Attorney's Office will deal with this year.

But the case definitely has raised some questions about how to prosecute a person whose identity you are not sure of, said District Attorney Michael O'Rourke.

O'Rourke was up in arms after a request to the U.S. Social Security Administration to provide someone to testify at a jury trial for Jose A. Lopez-Barrera — a 17-year-old Eden boy accused of using a false Social Security card to try and obtain a driver's license — was denied. ...

In a letter from the Social Security Administration denying the request, Michael G. Gallagher, associate general counsel for general law, wrote that the district attorney's application did "not establish the criteria necessary to allow employee testimony."

" … Allowing the testimony in this matter would unduly burden SSA (Social Security Administration) … the testimony would unduly expend the United States' resources for private purposes," Gallagher said.

Fraud In Louisiana

From WDSU:
A 70-year-old Westwego [LA] woman who had received nearly $30,000 in Social Security benefits pleaded guilty in federal court to lying in order to keep the benefits.

The U.S. attorney's office said Ida Taylor pleaded guilty to making false statements to agents in the federal agency's investigation.

Social Security Job Openings Dwindling

Although not nearly enough to replace the number of employees lost since the beginning of the fiscal year on October 1, 2006, there was a brief surge in hiring at Social Security after the agency finally got a budget. At times, Social Security was advertising well over one hundred job openings at a time. Unfortunately, that surge is over. Social Security is only advertising eight job openings at the moment and all but one of those openings closes by next Monday. It seems unlikely that there will be many more jobs advertised until Social Security gets its budget for the 2008 fiscal year. While that fiscal year begins on October 1, 2007, there are signs that there may be a protracted battle over that budget. It is not that the budget for the Social Security Administration is all that controversial. It is just that it is in the same budget package as the Department of Health and Human Services and the Department of Labor and they have controversial budgets. President Bush is threatening a budget crisis if this budget bill contains a penny more than what he wants, which sounds like an extreme position that could result in problems.