Happy Juneteenth!

Happy Juneteenth!

Who's Your Daddy?

The California Appellate Report blog reports on a surprising decision from the 9th Circuit Court of Appeals. In 2004 the 9th Circuit ruled in Gillett-Netting v. Barnhart, 371 F.3d 593 that a child conceived using artificial insemination after the death of the father could be considered the child of the decedent for Social Security purposes. However, the Court has just decided in Vernoff v. Astrue that another child conceived in a similar manner after the death of the father could not be considered the child of the decedent. There are differences in the facts between the two cases, but not enough that I would have expected this.

Can Anyone Explain This One To Me?

The Associated Press reports that the American Medical Association has gone on record in opposition to defining obesity as a disability since physicians might be unable to discuss obesity with their overweight patients if obesity were defined as a disability.

Heart disease can certainly be considered a disability now. Does this mean that doctors are already unable to talk about heart disease with their patients? I think it might be difficult to be a cardiologist if that were true!

"Simply Because Their Pay Comes From A Federal Source"

From the Honolulu Advertiser:

Gov. Linda Lingle yesterday defended her furlough plans for state workers from an objection by the federal Social Security Administration.

The federal agency warned that furloughs of federally funded workers in the state Department of Human Services could cost the state $1.9 million in federal money and delay the processing of about 3,000 Social Security claims over two years.

In a letter to the Social Security commissioner, the governor wrote that her decision to furlough all state workers "recognized that employees working side-by-side, whether their paychecks come from federal funds, state funds, special funds, or other taxpayer resources, should be treated in the same, even-handed manner."

"It is troubling that some would argue they are 'special' or should be set apart from their brethren, simply because their pay comes from a federal source." ...

The state's congressional delegation, citing the Social Security Administration's objections, called Lingle's furlough plans troubling and urged the governor to reconsider. The delegation warned that other state workers who are federally funded could be in a similar situation as workers at the disability determination branch.

E-Verify Delayed

From the Adjunct Law Prof Blog:

E-Verify is an Internet based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their newly hired employees. E-Verify is free and voluntary.

However, federal contractors will shortly be required to use this system. The effective date, however has been pushed back until September 8, 2009.

The News You Need To Know

From the New York Daily News:

A Brooklyn man who police said dressed in drag to impersonate his dead mother and collect $115,000 in Social Security check and rent subsidies was indicted Wednesday on 47 counts of grand larceny, forgery and conspiracy.

Thomas Prusik-Parkin's alleged accomplice, Mhilton Rimolo, was also indicted and both men face up to 25 years in prison if they're convicted. ...

Prusik-Parkin's alleged scam began in 2003 when his mother, Irene Prusik, died at age 73.

Her son allegedly gave the funeral director the wrong Social Security number and date of birth for his mother so that her death would not be registered in government databases.

He began collecting $700 a month in Social Security in her name, in addition to his own disability checks, sources said.

Occupational Information Development Project

Social Security's Occupational Information Development Advisory Panel has posted a summary of its recent meeting in Chicago. I am not sure what this panel is up to. That makes me nervous. This subject may seem incredibly technical and unimportant to many readers of this blog, but let me assure you that it is central to Social Security disability determination. Far more disability claims could be allowed or far more could be denied based upon what this panel does. This is very close to the bone.

Where New ALJs Are Going

There is an unconfirmed report on the ALJ Discussion Forum about the offices to which the Administrative Law Judges (ALJs) just hired by Social Security will be going. Note that the number before each location refer to the Social Security region in which the office is located. Note also that when the name of an office appears more than once, that the office is getting more than one ALJ.