Vietnamese Immigrants Bring Class Action In San Diego Over Attorney Suspension

     From the Courthouse News Service:

Hundreds of disabled Vietnamese refugees claim in a federal class action that the Social Security Commissioner wrongfully suspended the only fluent Vietnamese-speaking attorney in San Diego, to retaliate for a previous class action that claimed a Social Security judge was biased.

Lead plaintiff Truyen Gia Phan sued Acting Social Security Commissioner Carolyn W. Colvin in a federal class action, on behalf of a class of more than 1,000.

Truyen, his 25 named co-plaintiffs and the class all are "poor, disabled and non-English speaking Vietnamese former prisoner[s] of war and refugees in the United States" who have applied or will apply for Social Security benefits. All of them have been or will be represented by attorney Alexandra Nga Tran Manbeck.

Manbeck has been "providing indispensable representation to the Vietnamese plaintiffs who would otherwise be shut out of court by virtue of her fluency in the Vietnamese language and her ability to advise the plaintiffs in Vietnamese, since plaintiffs did not speak English and had no understanding of administrative and judicial proceedings," Truyen says in the complaint.

On March 12 this year, the Social Security Administration suspended Manbeck from the practice of Social Security law, the complaint states.

The class claims Manbeck was suspended to retaliate for her filing of a class action on behalf of Nazdar Alzayadi and Nora Donate in 2011, alleging bias from Administrative Law Judge Eve Godfrey. That case was dismissed, according to the new complaint. ...

The class claims the Social Security Administration suspended Manbeck for two classes of alleged violations: "filing of Request for Reconsideration and Request for Review in paper forms instead of being filed in electronic forms, and (2) the plaintiff's signing of boilerplate forms allowing the plaintiffs to ask the Commissioner to send payment checks to the plaintiffs' representative to pay outstanding costs."

No Peeking At The Internet While Adjudicating Disability Claims

     From HALLEX I-1-3-16 updated on August 30, 2013:

Generally, when adjudicating a claim, staff and adjudicators may not rely on information from the Internet that has not been corroborated by a Cooperative Disability Investigations Unit (CDIU). Further, entering an individual's personally identifiable information (PII) in an Internet search engine or social media network may compromise the confidentiality of PII. The responsibility to protect PII within an employee's control applies at all times, regardless of whether the employee is at an official duty station, another official work location, an alternate duty station, or off duty. This policy applies whether the individual is using a computer or personal device such as a smartphone. ...

The AC [Appeals Council] will also consider whether a referral to the Office of the Chief Administrative Law Judge (OCALJ) may be appropriate. ...

     However, another new transmittal, this one to HALLEX I-2-5-69, says that "While it is acceptable to verify inmate information on the Internet, it is not acceptable for an ALJ to instigate an independent investigation of a claimant's criminal history on the Internet." Does this mean that an adjudicator can verify that the claimant is a current inmate but not that he or she is a former inmate?

Happy Labor Day!

Christian Science Monitor On Disability Trust Fund

     The Christian Science Monitor is running a rather generic article quoting a couple of right wing sources who argue that the Disability Insurance Trust fund is running out of money and that something must be done soon.

     The Christian Science Monitor certainly has a distinguished history but does it still have any influence? Who reads it other than the obvious, Christian Scientist, a fairly small group?

COLA To Be 1.5%?

     The Congressional Budget Office is estimating that Social Security's Cost Of Living Adjustment (COLA) for this year will be 1.5%.

IG Catches Alleged Murderer

     From the Albuquerque Journal:

The son of an 88-year-old New Mexico man has admitted killing his father and dismembering the body on the floor of his bedroom with an electric tree trimming chain saw, authorities said.

Carlsbad police said Steven Michael Allumbaugh, 62, recently told investigators that he struck his father, Thomas Luther Allumbaugh, during an argument in January 2012 and he fell against a metal chair in a shower.

According to a criminal complaint, Allumbaugh then dismembered the body and buried it in his backyard to conceal the death. The complaint also says he hid the death for a year so that he could continue withdrawing his father’s Social Security retirement funds.

The younger Allumbaugh, was arrested Aug. 7 following an investigation by the Social Security Administration, the Office of the Inspector General said. ...

Advance Notice On Hearing Listings

     Social Security is giving advance notice that it is reviewing its Listings for hearing loss and disturbances of labyrinthine-lestibular function. No change is announced, just the opportunity to comment on whether and how the listings should be changed. If any change is to be made, Social Security would first publish the proposed changes and allow comments on them. 

     My experience is that anyone even approaching meeting the listing for hearing loss is just about stone deaf. Interviewing a claimant who is that deaf is quite difficult. I've had employees in my office wonder why I was in my office yelling at a client. By the way, hearing aids help only so much. If a person has nerve deafness, a hearing aid helps little. It just increases the volume of unintelligible sound.

Batting Next, Social Security

     The I.R.S has announced that same sex couples who were married in a jurisdiction that recognizes same sex marriages may file joint returns even if they live in a state that refuses to recognize same sex marriages solemnized in other states. This leaves Social Security as, by far, the most important agency where this issue remains unresolved.