I'm Not Sure What This Means

Social Security's Chief Administrative Law Judge has issued a bulletin concerning reports of suspected misconduct by claimant representatives. The new instructions replace material in the HALLEX Manual. The bulletin says that the misconduct reports are to go to the "Hearing Office Management Team," which, I assume, means those in charge at the local hearing office. According to the instructions, no report is supposed to be filed with state bar licensing authorities. That sounds a bit odd since bar ethics rules place an affirmative duty upon attorneys to report the misconduct of other attorneys as long as that misconduct "raises a substantial question as to that lawyer's honesty, trustworthiness, or fitness as a lawyer." The "Hearing Office Management Team" is supposed to forward the report on to the Regional Chief Administrative Law Judge who is supposed to forward the matter on to the Regional Chief Counsel.

I am pretty sure that the Regional Chief Counsels have not previously been involved in these matters. I think this would be a low priority matter for them. In fact, there seem to be a lot of layers here, a lot of places where misconduct reports could get sidetracked.

Public Hearing On "Compassionate Allowances For Schizophrenia"

Social Security Commissioner Michael Astrue will hold a public hearing on November 18 in San Francisco on his "compassionate allowance" project. The topic for this hearing is young adults with schizophrenia. Only invited witnesses will be allowed to speak.

Attacks On AARP

From Talking Points Memo:

Fresh off what can only be called big success going after Acorn, a bunch of folks on the right are figuring, 'Hey, maybe we can do the same thing to AARP because they're not doing our cause any favors either.' There are already a bunch of examples of attacks, not just alleging that AARP is supporting Dems on key health care and social insurance issues, but that it's a corrupt, shady, nefarious organization. These things often start under the radar.

The American Association of Retired Persons (AARP) is the almost completely silent 800 pound gorilla in the room when it comes to Social Security. One problem I have is that I am afraid some of the criticism of AARP may be justified. It may not be nefarious, but it is mostly an insurance company masquerading as a grass roots membership organization.

Appointed Representative Suite Of Services Rolling Out Tomorrow

From the Social Security Administration (the link only works if you are on Social Security's network). -- please note that this is to be implemented in stages:

Identification Number AM-09143 Effective Date: 10/28/2009
Intended Audience: All RCs/ARCs/ADs/FOs/TSCs/PSCs/OCO/ODARHQ
Originating Office: DCO OPSOS
Title: Phase I Appointed Representative Suite of Services (ARSS) – Software Enhancements October 31, 2009
Type: AM - Admin Messages

Program: Title II (RSI); Title XVI (SSI); Disability
Link To Reference: EM-09073

Retention Date: April 28, 2010

This message describes enhancements and changes that are effective with Phase I of the Appointed Representative Suite of Services (ARSS) scheduled for implementation on October 30, 2009.

Appointed Representative Suite of Services (ARSS) – Background
The ARRS project represents SSA’s vision for managing the appointed representative workload. The vision is to create a comprehensive suite of services for representatives to conduct business online, and streamline the appointed representative workload for all services delivery channels.

Planned services include:
Viewing the electronic folder,
Uploading medical evidence,
Seamless completion of initial claims and appeals with appointment questions as one service (e.g. iAppeals and 1696 questions combined),

Online completion and submission of the appointed representative SSA-1696,
Withdrawal of appointment using the online SSA-1696,
Online completion and submission of information for direct payment, receipt of 1099s, acknowledgements and fee arrangements, and

Online responses to requests for claim status and fee payment status.

Due to the complexity of the appointed representative workload, and the changes needed to support the services above, the ARRS project will be implemented in three phases between October 2009 and summer 2010.

Phase I – Main Features:
Effective October 31, 2009, a new form SSA-1699 is required for all representatives. The new form includes information required for online registration, and access to appointed representative services, including Direct Payment.

Invitations will be mailed to a limited number of representatives to register for online services. SSA will authorize, authenticate, and assign these representatives a unique User and Rep ID.

An automated sanctions check will prevent sanctioned representatives from accessing appointed representative services online.

Representatives who are registered, authorized, and authenticated, may view the electronic folder for their claimants represented at the hearings level.

Phase I - Rollout Strategy:
Beginning Monday, November 2, 2009, nine representatives will test the new registration process, and access to electronic folders for their claimants at the hearing level.

SSA will monitor the activity of the first nine representatives for approximately three weeks. Barring unforeseen issues, 50 additional invitations will be mailed around November 30, 2009.

Between December 2009 and mid-March 2010, SSA will mail invitations to 3,100 representatives, inviting them to register online and use our appointed representative services. A list of representatives selected to receive invitations for Phase I can be found on the Front Line Resource Kit at: http://eis.ba.ssa.gov/oesweb/frontline/resource_kits/Disability%20Direct_Resource_Kit.html

Field employees will have the ability to assist appointed representatives registering for services the agency’s Intranet Customer Support Application (CSA) application that mirrors the Internet functionality. This is not an option for those representatives who want access to the electronic folder. Representatives who want electronic folder access must register online.

The Internet 1699 application includes a dedicated line for Internet users to call if they have questions related to the registration process. SSA representatives in the Office of Earnings Operations (OEO) will handle these inquiries.

Phase I - Training:
Training for Phase I will be broadcast following normal monthly transmittal training on Thursday, October 29, 2009. The 15-minute broadcast will be available on Video On Demand (VOD) beginning the week of November 2, 2009 at http://training.ba.ssa.gov/ot/.

Effective October 31, 2009, a new version of the SSA-1699 will be available online to register appointed representatives who request direct payment of fees. As of that date, technicians can no longer process the current version of the SSA-1699.

SSA-1699 forms that have not been processed by 3:00 PM on Friday, October 30, must be returned to the representative with a cover letter generated from the Document Processing System (DPS), along with a copy of the new SSA-1699 for completion.

The new SSA-1699 will be accessed from http://www.ssa.gov/online/ssa-1699.pdf and from Forms Information and Control System (FICS).

Weekend Systems Availability:
Weekend systems availability will be updated regularly on Info Cast. This release affects the Business Services Online (BSO), Integrated Registration Services (IRES), Electronic Records Express (ERE) and other applications used for appointed representative workloads and accessing the electronic folder. Please check Info Cast periodically for weekend systems availability.

If you have questions about the information in this message, please contact your regional office systems support staff or your processing center operations analysis staff.

Direct all program–related and technical questions to your RO support staff or PSC OA staff. RO support staff or PSC OA staff may refer questions or problems to their Central Office contacts.

AM-09143 - Phase I Appointed Representative Suite of Services (ARSS) – Software Enhancements October 31, 2009 - 10/28/2009

Furlough Of DDS Employees Costing California $849,000 A Day

From the Capitol Weekly, which labels itself as the newspaper of California Government and Politics:

The Social Security Administration, in a filing in Alameda County Superior Court, said the furloughs of personnel in the state Disability Determination Services Division, or DDSD, “does not save the state a single penny and actually costs the state money.” The Social Security Administration estimated the furloughs in the DDSD cost the state about $849,000 a day. The federal government covers the cost and overhead of the furloughed employees. The Social Security filing was submitted as a “statement of interest” in connection with a lawsuit filed against the Schwarzenegger administration by the Union of American Physicians and Doctors. A hearing in that case is scheduled Nov. 16.

The article says that there are at least six other similar lawsuits in California.

Social Security Uses Stimulus Money To Hire Deaf Man As Claims Representative

From the Tallahassee Democrat:

In the case of one area resident, federal stimulus money directed toward reducing the unemployment rate in Florida has made a big difference.

Through a pilot program of the Social Security Administration and the Division of Vocational Rehabilitation, Lee Lefkowitz was recently hired as a claims representative with the Gainesville Social Security office.

Lefkowitz has profound hearing loss and relies heavily on reading lips to communicate.

Government Mistakes Have Consequences

From the Baltimore Sun:

Eschol Amelia Studnitz lost her $58,000 accounting job July 31 because a government background check deemed her "unsuitable" for a low-level security clearance. She was stunned. She had no criminal record. ...

Her shock was warranted: Her firing was based on a mistake. And within days, her employer, Corporate Mailing Services of Arbutus, heard from the Social Security Administration that she could, in fact, work on a new contract handling mail for the agency.

But three bewildering months after her dismissal, Studnitz has not been rehired or found other work in this tight job market. ...

"This is a horrible injustice to her," said Lillie Coney, associate director of the Electronic Privacy Information Center in Washington. But Coney said she was not surprised the error involved the FBI's National Crime Information Center database.

ALJ Register To Reopen

An announcement from the Office of Personnel Management (OPM):

The U.S. Office of Personnel Management today announced it will open the Administrative Law Judge Examination to interested applicants in the near future by posting a notice on USAJOBS (www.usajobs.gov).

Due to the overwhelming volume of applications OPM expects to receive, the number of applications the agency will accept for processing will be determined on the basis of projected government-wide hiring needs. OPM will announce the limit at the time the examination opens to applicants. Completed applications will be accepted in the order they are received until 11:59 p.m. (EST) the day in which the limit has been reached.

Individuals who are interested in applying are urged to closely monitor the USAJOBS web site in the coming weeks. When OPM last opened the ALJ Examination in July 2008, it received its target of 600 completed applications within two days.

I urge those who want to become Administrative Law Judges (ALJs) to study this notice carefully and to monitor the OPM website closely. The last time the register was opened, it only stayed open for a few days. Many who were interested in becoming ALJs failed to apply in time. Many people were bitter because they thought the system was set up to exclude them since they did not hear about the register opening in time to apply.