Trouble In Paradise

From the Honolulu Star Bulletin, written by Frank Ury:

As a lawyer representing disabled people who have been denied Social Security disability benefits, I am deeply concerned about the current situation in our Honolulu Social Security hearing office.

Most of these hearings are litigated before an administrative law judge. The judge who has capably handled claims for Hawaii for many years has recently had some health problems, and has been off on sick leave since about November.

There have been many stories from the mainland about delays in hearing offices around the country, but until recently Hawaii ranked ninth in the nation for speed of processing -- although that still meant people here waited a year for a hearing. Now the wait is indeterminable because no cases are being scheduled at all.

What should happen in a situation like this is that the Social Security Administration's regional office in San Francisco would make an arrangement to have the hearing docket handled by a visiting judge. For some reason this has not happened, and there have been no Social Security hearings in the state of Hawaii since November.

There has been no response to inquiries to the regional office.

I represent a fraction of the people who are waiting for hearings. A hearing request is filed after two initial denials that have been appealed. That process can take six to 12 months before the request for hearing is made.

The wait for a hearing in Hawaii before the judge went on sick leave was 332 days. I personally have about 50 clients waiting for their cases to be scheduled. These are individuals with severe illnesses that prevent them from working, and they have no income while they await a decision.

The disabled citizens of our state deserve better.

Frank Ury practices law in Honolulu.

Hearing Backlog Report

Above is the most recent national Hearing Office Backlog report, ranking Social Security's Hearing Offices by the length of time they are taking to afford claimants hearings. This report had been obtained by the National Organization of Social Security Claimants Representatives (NOSSCR) and published in NOSSCR's newsletter. Click on each thumbnail to see it full size.

List Of New ALJs

I have obtained a list of the Administrative Law Judges (ALJ) recently hired by Social Security. The list gives, in order, the number of the region in which the ALJ will work, the name of office at which the ALJ will work, the name of the ALJ alphabetized by region and finally the ALJ number. The ALJ number is of no consequence except for the coding of data entries at Social Security. I was not interested in spending the time redacting it. Here is the list:

1. 2 Albany, NY Fein, Bruce S. 2682
2. 2 New York, NY Ettinger, David A. 2683
3. 2 San Juan, PR Farnes, Milagros 2684
4. 2 Newark, NJ West, Richard A. 2692
5. 2 Syracuse, NY Devlin, Michael W. 2698
6. 2 Queens, NY Jordan, Jeffrey M. 2699
7. 2 Albany, NY Grabeel, Thomas A. 2705
8. 2 New York, NY Solomon, Mark D. 2706
9. 2 Newark, NJ Elliot, Cameron R. 2707
10. 2 San Juan, PR Mandry, Maria T. 2715
11. 2 Mayaguez, PR Fernandez, Alexander 2728
12. 2 Syracuse, NY Flanagan, F. Patrick 2749
13. 2 Ponce, PR Meyers, Glenn G. 2751
14. 2 Queens, NY Lahat, Gal 2767
15. 2 New York, NY Timlin, Theresa C. 2798
16. 2 Mayaguez, PR SurisFernandez, Ramon 2801
17. 2 San Juan, PR Nunez, Maria L. 2804
18. 2 Syracuse, NY Greener, Marie D. 2810
19. 2 Albany, NY Ringler, Robert A. 2819
20. 3 Seven Fields, PA Chain, Anne W. 2689
21. 3 WilkesBarre, PA Rodriguez, Michael A. 2690
22. 3 Johnstown, PA Gartner, Richard P. 2702 J
23. 3 Morgantown, WV Brady, Richard D. 2711
24. 3 Seven Fields, PA HarvinWoode, Mattie T. 2712
25. 3 Huntington, WV Dummer, Rosanne M. 2713
26. 3 WilkesBarre, PA Boini, Sridhar 2714
27. 3 Harrisburg, PA Boulden, William L. 2733
28. 3 Charleston, WV Rolph, John W. 2755
29. 3 Seven Fields, PA Stanley, Wayne M. 2766
30. 3 WilkesBarre, PA ScullyHayes, Kathleen 2772
31. 3 Huntington, WV DeShazo, Michelle J. 2778
32. 3 Morgantown, WV Sullivan, Jeslyne 2793
33. 3 Seven Fields, PA Kooser, John H. 2805
34. 3 WilkesBarre, PA Wing, Timothy 2807
35. 3 Huntington, WV Griggs, Gordon W. 2808
36. 4 Atlanta, GA Bryant, Leroy 2685
37. 4 Charleston, SC Dodds, Ralph 2686
38. 4 Greenville, SC Jenkins, Theresa R. 2687
39. 4 Mobile, AL Hagler, Renee 2688
40. 4 Tupelo, MS Pang, David S. 2696
41. 4 Hattiesburg, MS Farris, Ann 2697
42. 4 Jackson, MS Gillis, Sara A. 2704
43. 4 Atlanta, GA Dibble, Christine E. 2708
44. 4 Macon, GA Cornelius, David A. 2709
45. 4 Raleigh, NC Anderson, David A. 2710
46. 4 Knoxville, TN Pasvantis, Denise M. 2717
47. 4 Nashville, TN Kimmelman, Barbara B. 2723
48. 4 Chattanooga, TN Opp, Richard (OMHA transfer) 2729
49. 4 Fort Lauderdale, FL Millington, Jennifer B. 2730
50. 4 Orlando, FL Montanus, Mary C. 2731
51. 4 Charleston, SC ForbesSchmitt, Nicole S. 2732
52. 4 Jackson, MS Kane, Brian 2739
53. 4 Hattiesburg, MS Haskins, Connie J. 2742
54. 4 Mobile, AL Helm, Linda 2746
55. 4 Columbia, SC Herin Jr., Walter C. 2752
56. 4 Louisville, KY Lowther, Sheila C. 2753
57. 4 Paducah, KY Pierce, Phylis A. 2754
58. 4 Greenville, SC Paschall, Ann G. 2756
59. 4 Macon, GA Snyder, Edward A. 2760
60. 4 Atlanta, GA Ordas, William J. 2761
61. 4 Knoxville, TN Sloss, Andrew G. 2763
62. 4 Atlanta, GA (North) Alexander, Kevin T. 2774
63. 4 Atlanta, GA Hughes, Frank J. 2775
64. 4 Montgomery, AL Brinkley, Joseph L. 2776
65. 4 Tampa, FL Wilborn, Roland R. 2777
66. 4 Mobile, AL Larsen, Hallie E. 2784
67. 4 Raleigh, NC Lord, Sandra D. 2786
68. 4 Jackson, MS Tews, Scott A. 2787
69. 4 Hattiesburg, MS Oesterreich, Rebecca L. 2789
70. 4 Charleston, SC Hamel, Gregory 2791
71. 4 Orlando, FL Rose, Joseph A. 2792
72. 4 Fort Lauderdale, FL PerezGonzalez, Jose L. 2794
73. 4 Birmingham, AL Wilson, Kenneth 2797
74. 4 Nashville, TN Dau htr , John 2799 g y J
75. 4 Atlanta, GA Joys, Heather A. 2803
76. 4 Greenville, SC Watkins, Glen H. 2809
77. 4 Mobile, AL Stalley, Dana E. 2812
78. 4 Hattiesburg, MS Pierce, Katherine H 2814
79. 4 Charleston, SC Scott, James H. 2818
80. 5 Cincinnati, OH Becher, Donald A. 2691
81. 5 Cleveland, OH Baumerich, Carol A. 2693
82. 5 Milwaukee, WI Jacobson, Joseph D. 2694
83. 5 Oak Park, MI McKay, Patricia S. 2701
84. 5 Cleveland, OH BowmanDavis, Salena D. 2718
85. 5 Grand Rapids, MI Jones, Paul W. 2719
86. 5 Milwaukee, WI Paez, Alan G. 2720
87. 5 Peoria, IL Dodson, John 2725
88. 5 Cleveland, OH Hanekamp, Stephen M. 2726
89. 5 Columbus, OH Allen, John R. 2727
90. 5 Cincinnati, OH Flynn, Robert 2734
91. 5 Cleveland, OH Janas, Thomas W. 2735
92. 5 Milwaukee, WI Ritter, Wayne L. 2743
93. 5 Cleveland, OH LeBlanc, Dennis J. 2748
94. 5 Evansville, IN Martin, Augustus C. 2757
95. 5 Oak Park, MI HallKeith, Jacqueline Y. 2758
96. 5 Milwaukee, WI Sayon, Karen L. 2765
97. 5 Dayton, OH Lombardo, Amelia G. 2779
98. 5 Indianapolis, IN Whitaker, Tammy H. 2780
99. 5 Columbus, OH Wansker, Henry B. 2781
100. 5 Flint, MI Rabaut, John J. 2785
101. 5 Cleveland, OH Mittleman, Vivian W. 2795
102. 5 Cincinnati, OH Prince, John M. 2796
103. 5 Grand Rapids, MI Stueve, Timothy G. 2800
104. 5 Cincinnati, OH Sherry, James W. 2802
105. 5 Peoria, IL Mangrum, Timothy W. 2811
106. 5 Cleveland, OH Staples, Richard N. 2816
107. 6 New Orleans, LA Anzalone, Kerry J. 2695
108. 6 Metairie, LA Artuso, Barbara J. 2700
109. 6 Shreveport, LA Arnold, Deborah A. 2716
110. 6 Fort Smith, AR Shepherd, Larry D. 2721
111. 6 Metairie, LA Graalmann, Steven 2724
112. 6 Alexandria, LA Stults, Douglas S. 2736
113. 6 Shreveport, LA Scales, Ramona D. 2741 p
114. 6 Metairie, LA Hamner, Darren R. 2745
115. 6 New Orleans, LA Reagan, Marni A. 2762
116. 6 Little Rock, AR Knowles, David L. 2768
117. 6 Metairie, LA Kerins, Jean R. 2769
118. 6 Fort Smith, AR LaPolt, Monica 2782
119. 6 Metairie, LA Volz, Louis J. 2783
120. 6 Shreveport, LA Staller, Scott M. 2806
121. 6 New Orleans, LA Thawley, John A. 2813
122. 7 West Des Moines, IA Bice, Debra L. 2703
123. 7 West Des Moines, IA Draper, Joann L. 2722
124. 7 Creve Coeur, MO Mance, Michael D. 2737
125. 7 West Des Moines, IA Hamilton, Marilyn P. 2738
126. 7 Springfield, MO Fulton, Kenton W. 2750
127. 7 Wichita, KS Brookins, Alison K. 2770
128. 7 West Des Moines, IA Van Vleck, Deborah J. 2790
129. 7 Wichita, KS Lehr, Michael A. 2817
130. 8 Billings, MT Schuman, Kurt D. 2740
131. 8 Fargo, ND Messina, Christopher S. 2747
132. 9 Fresno, CA Kopicki, Michael J. 2744
133. 9 Sacramento, CA Welton, Bradlee 2764
134. 9 San Jose, CA Hogan III, Henry J. 2773
135. 9 Sacramento, CA Seng, Michael J. 2788
136. 9 Fresno, CA Madsen, Sharon L. 2815
137. 9 Downey, CA Faulkner, Marilyn (OMHA transfer) (Prior ODAR ALJ) 2235
138. 9 San Bernadino, CA Pease, Jesse (OMHA transfer) (Prior ODAR ALJ)2490
139. 10 Spokane, WA Chester, Robert S. 2759
140. 10 Seattle, WA Dantonio, Joanne E. 2771

Disability Advocates In Greece

Did you know that Greece is a suburb of Rochester, NY? From the Rochester Democrat and Chronicle:

As claims representatives for the Social Security Administration, David J. Penrose and Peter A. Siracuse assisted people with their claims for disability insurance, retirement and survivor benefits.

Penrose and Siracuse had worked for Social Security for 15 and 10 years, respectively. The men, both of Greece and friends, held secure, well-paying jobs with good benefits. But they also wanted to go into business for themselves as private advocacy representatives helping the very people they assisted each day at the Social Security office.

And The Winner Is ...

Congratulations to the Jayhawks, winners of the 2008 NCAA Men's Basketball Championship. The winner of the Social Security News bracket challenge is E. Goodin.

New York Congressman On Social Security Service

From the Daily Star of Oneonta, NY:

Rep. Michael Arcuri, D-Utica, is seeking congressional oversight of local Social Security Administration field offices to ensure seniors are getting quality service.

During a stop at the Nader Towers senior community Monday, Arcuri announced his support for the Social Security Customer Service Improvement Act, H.R. 5110.

The Social Security legislation would require congressional notification and justification at least six months before a field office is closed or has its hours limited. It also would require the SSA to provide statistics to Congress on pending cases, staffing levels and backlogs at these offices within its annual budget estimate.

Arcuri said an SSA field office in Auburn closed, and he suspects more of the 11 offices in the 24th Congressional District could close, leaving residents with a travel burden when they deal with Social Security issues.

Where The New ALJs Are Going -- And Why 135 New ALJs Instead of 144?

The Social Security Administration has posted a spreadsheet showing where the 135 newly hired Administrative Law Judges (ALJs) are going. You have to have a spreadsheet program to open it from Social Security's website, but I have reproduced it above. Click on each page to see it full size.

By the way, it was only a little over a month ago that it was supposed to be 144 new ALJs. Why the slippage? It looks like Social Security offered jobs to 144 people, but only hired as many as accepted. After nine applicants turned them down, why did they not offer jobs to nine more applicants so they could hire the 144 they were talking about earlier? Was the talk about 144 ALJs being hired a bit misleading?

A Closer Look At The New Immune System Listings -- Wow!

This may seem awfully technical to readers who do not work with the Social Security disability program in some detailed way, but trust me, it is important. You will have to follow me to the end to fully understand its importance.

Social Security's listings are a shortcut that allows relatively rapid approval for disability claimants who are most seriously ill. Claimants do not have to meet a listing to be approved, but, unless working, a claimant who meets a listing will automatically be found disabled.

I did not have time until recently to study the the new Immune System Listings published on March 18. Once I did, I discovered the following language that looked out of place:

1. Limitation of activities of daily living.
2. Limitation in maintaining social functioning.
3. Limitation in completing tasks in a timely manner due to deficiencies in concentration, persistence, or pace.

Those familiar with the listings know this language to be the "B" criteria from the psychiatric listings. This language had previously been in the HIV/AIDS listing, but not in the other immune system listings. So how does this "B" criteria language fit in the non-psychiatric immune system listings? This language appears anew eight separate times in the new immune system listings. It follows each of these:

• 14.02 B. Repeated manifestations of SLE [systemic lupus erythematosus], with at least two of the following constitutional symptoms or signs (severe fatigue, fever, malaise, or involuntary weight loss) and one of the following at the marked level:
• 14.03B. Repeated manifestations of systemic vasculitis, with at least two of the constitutional symptoms or signs (severe fatigue, fever, malaise, or involuntary weight loss) and one of the following at the marked level:
• 14.04D Repeated manifestations of systemic sclerosis (scleroderma), with at least two of the constitutional symptoms or signs (severe fatigue, fever, malaise, or involuntary weight loss) and one of the following at the marked level:
• 14.05E. Repeated manifestations of polymyositis or dermatomyositis, with at least two of the constitutional symptoms or signs (severe fatigue, fever, malaise, or involuntary weight loss) and one of the following at the marked level:
• 14.06 B. Repeated manifestations of undifferentiated or mixed connective tissue disease, with at least two of the constitutional symptoms or signs (severe fatigue, fever, malaise, or involuntary weight loss) and one of the following at the marked level:
• 14.07 C. Repeated manifestations of an immune deficiency disorder, with at least two of the constitutional symptoms or signs (severe fatigue, fever, malaise, or involuntary weight loss) and one of the following at the marked level:
• 14.09 D. Repeated manifestations of inflammatory arthritis, with at least two of the constitutional symptoms or signs (severe fatigue, fever, malaise, or involuntary weight loss) and one of the following at the marked level:

What Social Security is saying is that if you have one of these immune system (or more accurately, rheumatic) disorders to a significant degree and also have rather significant psychiatric problems, you meet the listing and should be found disabled, even though neither the physical nor the mental illness on its own would otherwise meet a listing.

The "B" criteria language was not in the Notice of Proposed Rulemaking apart from the HIV/AIDS listing, so this came as quite a surprise to me. Social Security explains in the notice published with the new regulations that the "B" criteria were added to the new listings as a result of public comment.

What I am about to say may surprise readers who do not have significant experience working on the front lines with Social Security's disability programs, as will the vehemence with which I say it, but I do not think I will get many arguments from those who are experienced. There is a complex interplay between physical and mental illness. It is normal for chronic physical illness to lead to depression, often severe depression. Psychiatric illness is usually accompanied by physical symptoms. Panic disorder, for instance, is not uncommon and causes dramatic physical symptoms. Depression is even more common and produces symptoms that mimic all sorts of serious phyisical ailments. Somatoform disorders (psychosomatic illnesses) are not rare. To some extent, all of us have psychosomatic symptoms. Depression heightens the perception of pain. Separating physical and mental illness into two separate categories is impossible, since there is no clear boundary between the two. In many, many cases the claimant is clearly disabled but the disability is not produced by either physical illness or mental illness, but by the combination of the two. In theory, Social Security accepts that a claimant may be disabled by a combination of physical and mental illness, but only in theory. In practice, the agency tries to slice a claimant in half and evaluate the physical and mental components of a claimant's health problems separately.

These new listings reflect an understanding that the suffering caused by chronic physical illness extends to psychiatric symptoms and that the disability caused by those psychiatric symptoms must be considered.

By this point, I think that those who are well versed in Social Security disability determination have already leaped ahead to the logical corollary of these new listings. If the psychiatric "B" criteria should be imported into the immune system listings, logically they should be imported into virtually every physical listing. That would be a major change in the listings and, in my opinion, a major step forward.

Will this happen? No time soon. I doubt that such a result was intended. At least, I strongly doubt that anyone at a high level at Social Security intended this. I doubt that the implications of these new listings has even dawned upon the upper reaches of the Social Security Administration.

Certainly, the agency can try to tell the world that there is a vast difference between the chronic illness produced by immune system disoders and the chronic illness produced by other diseases, but is there? I keep thinking about chronic liver disease. Sure, it is vastly different than lupus, for instance, but my experience is that it is even more likely to produce symptoms that seem psychiatric and, indeed, are psychiatric. You can say much the same thing about low back pain, inflammatory bowel disease and multiple sclerosis, just to name three diseases. In fact, you can say it about any serious chronic illness.

This argument is going to be made the next time that Social Security publishes proposed new listings. How will the agency respond? What if there is a new President by the time the agency has to respond?

This issue should be coming up soon. Proposed changes in the cancer listings are due out before long.