Binder And Binder Lawsuit

On the separate Social Security Perspectives Blog I have posted copies of a trademark infringement complaint filed by Binder and Binder against a competing entity and the answer filed by that defendant. The materials are interesting for the insight they provide into the methods of operation of Binder and Binder, one of the largest entities representing Social Security claimants, and the importance of internet advertising to its operations. Binder and Binder appears to combine a law firm with a number of non-attorney corporations in a unique corporate structure. Binder and Binder appears to make extensive use of internet advertising.

Because of technical limitations in Blogger, these federal court filings are spread over several posts and you must click on each page separately to view it full size. There is no simple way for a reader to download the whole thing, unless you have a Pacer account, in which case you can download all the papers filed with the Court.

ALJ Register To Reopen

A press release from the Office of Personnel Management:

The U.S. Office of Personnel Management today [July 2] announced it will re-open the Administrative Law Judge examination to refresh the list of eligible candidates who serve as impartial arbiters at regulatory and benefits-granting federal agencies.

OPM will officially announce the 2008 ALJ examination on its USAJOBS website (www.usajobs.gov) in the near future. The application filing period will be made public at that time; the application limit will factor-in future agency hiring needs.

OPM Director Linda M. Springer said the new examination advances the agency's strategy of maintaining a sufficient number of qualified ALJ candidates to serve as arbiters of fact in formal proceedings requiring a decision on the record.

"From time to time, we must re-open the exam to ensure federal agencies have access to ALJ candidates who will serve the interests of America's citizens expeditiously and in accordance with law," said Springer. "Additionally, we are giving professional men and women the opportunity to serve their country in an important capacity."

New Entitlements Commission Proposed

From the Capitol Insider put out by the Disability Policy Collaboration (no link available this time but you can sign up to receive this newsletter):

During consideration [of] the FY 2009 appropriations for the Financial Services bill, an amendment to create a commission to examine the cost of entitlement programs (such as Social Security, Medicaid and Medicare) and limiting their growth failed by a vote of 31-32. House Majority leaders are concerned that this approach would limit Congressional responsibility and give too much power to the Executive Branch.

A Suggestion For Video Hearings

The Social Security Administration is making extensive use of video technology to allow Administrative Law Judges (ALJs) to hold hearings for claimants located in other towns. I represented a claimant at such a hearing yesterday. On the video screen I could barely distinguish the ALJ from the high backed chair in which she was sitting. It was hard to tell the source of the voice we heard, since the ALJ was almost invisible. This had nothing to do with the way the equipment was being operated. Zooming in helped little. This is a problem I have been seeing ever since video hearings started. I do not think the problem lays with the equipment. I think the problem is simple. Video cameras work poorly when used with ordinary office florescent lighting. If Social Security is going to spend so much money on cameras, televisions and bandwidth, I think it would be a good idea to spend a little money on adequately lighting hearing rooms for television. It will not cost much but I expect it will make a big difference in video quality. I might even be able to see the ALJs and they might be better able to see me and my clients.

More On Social Security's Search For Updated Occupational Data

I had earlier posted about the Social Security Administration's effort to find a contractor to furnish updated occupational data, which sounds awfully boring, but which is vitally important in disability determination. Hundreds of thousands of claimants are being approved or denied disability benefits each year based upon terribly out of date occupational data.

The Social Security Administration has now posted some answers to questions posed by entities considering Social Security's solicitation. Here is one important one (emphasis added):

Question 3.

Section 2.1 (A) (13) allows for “unlimited use” of the data. Again, it may be inferred that the data may only be used in the context of the evaluation, but we would appreciate clarification that SSA/IE’s use is for evaluative purposes only.

The OIC shall permit SSA to test and validate the occupational information and periodic updates in all manners deemed necessary by SSA. SSA will not use the occupational information for claims adjudication or other business process purposes.

Can anyone help me understand what is going on here?

Employment Levels At Social Security

Below are the most recent statistics on the total number of employees at the Social Security Administration and some historical numbers for comparison:

• December 2007 61,822
• September 2007 62,407
• June 2007 62,530
• March 2007 61,867
• December 2006 63,410
• September 2006 63,647
• September 2005 66,147
• September 2004 65,258
• September 2003 64,903
• September 2002 64,648
• September 2001 65,377
• September 2000 64,521
• September 1999 63,957
• September 1998 65,629

Note the 2.5% decline in the number of employees between the end of 2006 and the end of 2007, despite Democrats becoming the majority party in Congress and despite the fact that the number of Social Security claims filed increased rapidly.

And I Thought They Were Done

The Department of the Treasury soldiers on in the battle to privatize Social Security. I thought they were done, but they have now released Issue Brief No. 5 Social Security Reform: Strategies for Progressive Benefit Adjustments.

The essential assumption of these "Issue Briefs" is that there is it is already abundantly clear to all that Social Security must be, at least, partially privatized. The only issue left is exactly how we go about doing this. This "Issue Brief" deals with the ticklish subject of how do we cut benefits. Even though it would not be nearly enough to eliminate Social Security's long term financing problems even under current law, the "Issue Brief" advocates adjustments in inflation indexing to reduce benefits payments in future years. However, even this painful adjustment would be nowhere near enough money to finance even the most modest effort to divert Social Security taxes into private accounts.

Waiting In Asheville

From the Asheville, NC Citizen-Times:

The horror stories roll off their tongues like a litany: claimants who die while they wait, families falling apart, bankruptcies, homelessness, even suicides.

Disability attorneys and advocates say these are the fates of an increasing number of people who become ill or injured and apply for federal Social Security Disability benefits.

From first application, people who cannot work because of illness or disability wait an average of three years for benefits. Many wait longer, and a large percentage of people simply give up. ...

A few cases are approved quickly - when people are elderly or clearly dying, said Cynthia Strom, a disability attorney in east Asheville.

"But for most people, it's a waiting game," she said. "I've had clients commit suicide while they wait because they just can't do it anymore." ...

Curtis Venable, an attorney with Pisgah Legal Services, said he has clients who have waited more than four years for approval. Getting approval in less than 2 years is rare.

"I'll bet one-third of the people living in homeless shelters are people waiting for disability," he said.

Bruce Peterson, district director for U.S. Rep. Heath Shuler, said the office gets hundreds of calls a month asking for help with disability.