The National Journal is reporting that the House Appropriations Committee will be marking up the Labor-HHS Appropriations bill on Wednesday, July 11. (You cannot read this on the National Journal website. However, you can sign up for a free trial of National Journal, which I did. Subscribing to National Journal runs to about $3,000 per year!) The Labor-HHS Appropriations bill includes Social Security. However, the National Journal also reports that the appropriations process for the upcoming fiscal year may end with in one huge omnibus appropriations bill for all agencies.
Jul 8, 2007
HALLEX Updated
I posted recently that Social Security's Hearings Appeals and Litigation (HALLEX) Manual had not been updated in the last year. I do not think it happened because of what I posted, but they have just updated HALLEX. The update is not what I would call important. Here is Social Security's summary:
I-5-1-17I and I-5-17II have been updated to remove language, no longer needed since the bench decision is not a process.
I-5-1-17III contains new instructions on completing a bench decision using the Findings Integrated Template (FIT) format, which will become available in the June 2007 FIT release. The text changes are minor and mirror the process for creating a FIT decision.
I-5-1-17V adds the requirement to store digital recordings for all bench decisions rendered for EDCS claims.
I-5-1-17 Attachment 2 includes the new checksheet, which mirrors much of the content in the previous one but makes it available in the FIT format.
Jul 7, 2007
Twenty-One Months For Social Security Fraud
From the Baltimore Sun:
A former Carroll County [Maryland] woman who collected her deceased husband's benefits after she remarried received a federal prison sentence of almost two years yesterday for lying to the Social Security Administration and pocketing $70,000 in benefits to which she was not entitled.Jennifer Jones Peach Gimbel, 39, of Arizona pleaded guilty in April to making false statements to a government agency. Yesterday, U.S. District Judge Richard D. Bennett sentenced her to to 21 months in prison, followed by three years' supervised release.
Chart Of Class Actions And Acquiescence Rulings By State
From Social Security's Program Operations Manual Series (POMS):
| State | Court Cases/AR | Circuit | SSA Region | POMS References | Published Date | End Date |
|---|---|---|---|---|---|---|
Alabama | 11th | Atlanta |
| |||
Alaska | CHAVEZ LESCHNIOK | 9th | Seattle | General Information on the Chavez AR (DI 32720.001)
| 12/03/97
03/24/86 |
|
Arizona | CHAVEZ LESCHNIOK | 9th | San Francisco | General Information on the Chavez AR (DI 32720.001)
| 12/03/97
03/24/86 |
|
Arkansas |
| 8th | Dallas |
|
|
|
California | CHAVEZ LESCHNIOK | 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
PASKEL | 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 LESCHNIOK | 9th | San Francisco | General Information on the Chavez AR (DI 32720.001)
| 12/03/97
03/24/86 |
|
Idaho | CHAVEZ LESCHNIOK | 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
DRUMMOND DIFFORD | 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 | 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
CULBERTSON | 4th | Philadelphia | General Information on the Albright Acquiescence Ruling (AR) (DI 52715.001) | 06/01/98
|
|
Massachusetts |
| 1st | Boston |
|
|
|
Michigan | DENNARD
DRUMMOND
DIFFORD | 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 | 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 LESCHNIOK | 9th | Denver | General Information on the Chavez AR (DI 32720.001)
| 12/03/97
03/24/86 |
|
Nebraska | 8th | Kansas City |
| |||
Nevada | CHAVEZ 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
PASKEL | 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 |
|
North Carolina | HYATT
ALBRIGHT
CULBERTSON | 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
DRUMMOND
DIFFORD | 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 LESCHNIOK | 9th | Seattle | General Information on the Chavez AR (DI 32720.001)
| 12/03/97
03/24/86 |
|
Pennsylvania | SYKES
PASKEL | 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
CULBERTSON | 4th | Atlanta | General Information on the Albright Acquiescence Ruling (AR) (DI 52715.001) | 01/12/00
|
|
South Dakota |
| 8th | Denver |
|
|
|
Tennessee | DRUMMOND
DENNARD
DIFFORD | 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 | 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
CULBERTSON | 4th | Philadelphia | General Information on the Albright Acquiescence Ruling (AR) (DI 52715.001) | 01/12/00
|
|
Washington | CHAVEZ LESCHNIOK | 9th | Seattle | General Information on the Chavez AR (DI 32720.001)
| 12/03/97
03/24/86 |
|
West Virginia | ALBRIGHT
CULBERTSON | 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 | 9th | San | 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 LESCHNIOK | 9th | San | General Information on the Chavez AR (DI 32720.001)
| 12/03/97
03/24/86 |
|
Northern Marianas | CHAVEZ LESCHNIOK | 9th | San | General Information on the Chavez AR (DI 32720.001)
| 12/03/97
03/24/86 |
|
Puerto Rico |
| 1st | New York |
|
|
|
Virgin Islands | SYKES
PASKEL | 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.
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:
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.
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