Attorney User Fee Stays At 6.3% For 2008

From today's Federal Register:

...[T]he Ticket to Work and Work Incentives Improvement Act of 1999, established an assessment for the services required to determine and certify payments to attorneys from the benefits due claimants ...

That legislation set the assessment for the calendar year 2000 at 6.3 percent of the amount that would be required to be certified for direct payment to the attorney ... For subsequent years, the legislation requires the Commissioner of Social Security to determine the percentage rate necessary to achieve full recovery of the costs of determining and certifying fees to attorneys, but not in excess of 6.3 percent. ...

The Commissioner of Social Security has determined, based on the best available data, that the current rate of 6.3 percent will continue for 2008 ...

Marshfield News-Herald On Backlogs

Every newspaper in America will eventually do a story on Social Security's backlogs. From the Marshfield, WI News-Herald:

Since a workplace injury, Wisconsin Rapids resident Jennifer Allen has seen three surgeons and a pain specialist.

Although damaged disks and a pinched nerve have kept her from working since 2003, she won't know whether she is qualified for disability benefits until 2009.

An almost 750,000-case backlog of Social Security Administration disability benefit hearings is keeping her from finding out whether her two claim denials will be overturned.

Wisconsin has about 13,000 cases pending and only a handful of administrative law judges to handle them, according to the Social Security Administration. Nationally, about 2.5 million people applied for the Social Security disability program in 2007, according to the administration's 2007 fiscal year report.

Lupus Foundation On Five Day Rule

From the Centre Daily Times of Pennsylvania:

As part of its mission to provide service, support and hope to all people affected by lupus, the Lupus Foundation of America (LFA) submitted comments today to Commissioner Michael Astrue of the Social Security Administration (SSA), regarding a proposed change to the rules which could make it more difficult for people appealing a social security determination.

The proposed rule would require medical evidence to be submitted 5 days before an administrative hearing. Under the proposed rule, if the medical evidence was not received by the Administrative Law Judge (ALJ) within 5 days of the hearing, applicants could be forced to file new applications to ensure that relevant evidence was considered, rather than continuing the appeals process. This could cause months or years of delays, loss of retroactive benefits, and in some cases result in a complete denial of benefits. ...

The symptoms of lupus make diagnosis difficult because they are sporadic and imitate the symptoms of many other illnesses. Because of the unique and complicated diagnosis of lupus, the LFA is concerned that if the proposed re-opening rules are enacted, individuals will not be allowed to submit medical evidence less than five business days before the administrative hearing.

Comments On Proposed Procedural Rules Changes

I thought I would go through the comments already available online and post links to comments from important organizations or prominent individuals. This is a very subjective list.

• David Ettinger
• Senator Tom Harkin
• National Organization of Social Security Claimants Representatives
• National Committee to Preserve Social Security and Medicare
• Robert Rains, Penn State Law School
• Disability Policy Collaboration
• National Alliance On Mental Illness
• John Heard
• Ray Cebula, Cornell Law School
  
• American Association for Justice (formerly known as ATLA)
• Federal Bar Association
• Multiple Sclerosis Society
• Leadership Council of Aging Organizations
• National Council Of Disability Determination Directors
• Richard Feinstein

There are many comments from individuals, probably claimants, in the San Antonio area.

My Comments On Procedural Rules

I have posted on the separate Social Security Perspectives blog my comments on the proposed changes to Social Security's procedural rules.

I urge anyone reading this to file their own comments. Today is the deadline. Comments may be filed online.

The Motley Fool (And Allsup) On Social Security Disability

From The Motley Fool (a internet investing advice site):

Most investors today are taking steps to provide for their own retirement income, since they understand that relying solely upon Social Security retirement benefits is a prescription for poverty. But many seem more than willing to count on Social Security's disability program if something happens to them during their careers. However, they may not realize just how little is covered -- or how difficult it might be to get benefits. ...

Even if you meet all the requirements, it's tough just to get a hearing. There's already a backlog of 750,000 pending requests for disability hearings at the SSA's Office of Disability Adjudication and Review. That backlog equates to about one in every 300 American adults. It's a long line you'll be standing in if you're expecting government insurance to carry you through. And that backlog is expected to keep growing.

Jim Allsup, a disability claims expert and president of Allsup Inc., has seen a 168% increase in the number of people seeking out his assistance in navigating the minefield of the disability application process. Some experts suggest that statistics show as many as 70% of all disability claims are initially denied by Social Security. With that in mind, Allsup has offered 10 ideas to break through the backlog, including timely filing of your application, preparing an accurate medical record, and reducing your spending.

Deadline To Post Comments On Procedural Regulations Is December 28.

About two months ago, the Social Security Administration (SSA) posted a notice of proposed rule-making (NPRM) on changes in its procedural regulations. The deadline for posting comments on this NPRM is December 28. This is a major NPRM. Anyone who works in the Social Security disability field, either for SSA or representing claimants should strongly consider filing comments on the NPRM. If you want to comment, you must do so quickly. Comments can be posted online.

Bush Signs Appropriations Bill

President Bush has signed the omnibus appropriations bill that will fund Social Security's administrative operations through September 30, 2008. This is is likely to be the rate at which the agency can spend money until early 2009, since there seems little chance of agreement between a lame duck Bush and the Democratic majority in Congress on the fiscal year 2009 budget.