Off Topic: You Know Things Are Bad, When ...

Refugees from Pakistan are fleeing to Afghanistan.

More Comments On Proposed Procedural Regulations

Here are some more links to public comments made upon the proposed procedural regulations. I have tried to select comments that appear to me to be of more general interest, but my selections may be idiosyncratic. I am not sure if Social Security has posted all of the comments made. Probably, some made by mail are yet to appear on the website.

I am not going to give any names, but I did not find comments from some people whom I would have expected to comment. Maybe, those comments will show up later or maybe I missed them.

• Consortium For Citizens With Disabilities
• National Association of Disability Examiners
• Social Security Disability Coalition
• Richard Weishaupt, Community Legal Services of Philadelphia
• James Allsup
• Eric Schnaufer
• National Senior Citizens Law Center
• Ralph Wilborn
• American Bar Association
• Association of Administrative Law Judges
  

Results Of Last Week's Unscientific Poll

How was Christmas for you?

Pure fun and enjoyment (18)	19%
Fun, but tiring (24)	25%
Fun, but I didn't get what I wanted (4)	4%
Fun, but there was some tension (12)	12%
Good moments, but problems (9)	9%
A bit much (5)	5%
Many problems; I'm glad it's over. (3)	3%
Christmas was very sad for me (2)	2%
Terrible; a real disaster (1)	1%
I don't celebrate Christmas (18)	19%
Other view suggestions (18)	19%

Happy New Year!

Law School Helps Social Security Claimant

From the Detroit News:

For two years, Hugh Rowan, a Vietnam-era veteran, tried unsuccessfully to get his Social Security disability benefits restored.

"To say that Social Security representatives are not very receptive to you by phone would be an understatement," said Rowan, 55, whose health problems crippled his ability to walk and to work.

Now, Rowan is no longer homebound and credits a University of Detroit Mercy law student and professor for turning his life around.

Shortly after contacting the law school's pilot veterans clinic, Social Security officials agreed to not only restore Rowan's monthly benefits, but also to award him pay for the two years his benefits were wrongfully cut off, he said.

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.