Mar 5, 2015

This Is Lame

     The Social Security Administration has a website that promises information about office closings updated "every 10 minutes." This is what it says right now:
Due to severe weather conditions impacting the Mid-Atlantic and other parts of the country, offices in New Jersey, Maryland, Washington D.C., Delaware, Virginia, West Virginia, Pennsylvania, Alabama, Tennessee, Kentucky, Mississippi, Illinois, Missouri, Ohio, and Dallas, Texas are closed or had delayed openings today, March 5, 2015. Please check with your local Social Security office to find out about office delays and closings in your local area.
     Why does this website promise something it doesn't come close to delivering? If you're a claimant or someone like myself who does business with the agency, what do you do? You try calling the local office but you can't get through which means nothing because you usually can't get through. You have no idea whether you're supposed to go ahead with whatever you have scheduled with the agency. During the last set of weather closings in my area, attorneys drove over an hour each way to attend hearings that weren't held!
     My advice is that Social Security should take down this website until it's ready to deliver on its promise of frequently updated information on office closings. This should be doable.

I Think This Is New

     An example added recently to Social Security's Program Operations Manual Series (POMS):
A 50-year-old claimant with a high school education and unskilled past relevant work has an RFC [Residual Functional Capacity] for standing/walking 2 hours of an 8-hour day and sitting approximately 6 hours of an 8-hour day. He is able to lift/carry/push/pull 20 pounds occasionally and 10 pounds frequently. This RFC falls between rule 201.12, which has a decision of disabled, and 202.13, which has a decision of not disabled. In this case, use rule 201.12 as a framework for a decision of disabled because the definitions in DI 25001.001 (Medical-Vocational Quick Reference Guide) indicate light work usually requires walking or standing for approximately 6 hours of an 8-hour day. Since the claimant can only walk or stand for 2 hours, he has a significantly reduced capacity to perform light work and a sedentary medical-vocational rule applies as a framework for a determination.

Mar 4, 2015

Workers Comp Cuts Costing Social Security

     From Linda DePillis writing for the Washington Post's Wonkblog:
There’s a good news/bad news situation for occupational injuries in the United States: Fewer people are getting hurt on the job. But those who do are getting less help. ...
“The cutbacks [in workers compensation] have been so drastic in some places that they virtually guarantee injured workers will plummet into poverty,” write authors Henry Grabell and Howard Berkes. “Workers often battle insurance companies for years to get the surgeries, prescriptions and basic help their doctors recommend.” ...
Somebody ends up paying for those injuries, though: taxpayers. When a worker ends up unable to work because of an injury, he or she can be covered by Social Security Disability Insurance, a program that has steadily increased in cost over the past two decades. The rise has many demographic factors behind it, but it looks like the abdication of responsibility by employers may have played a role as well.

Mar 3, 2015

Average Retirement Age Has Gone Up

From a report by Alicia Munnell of the Center for Retirement Research at Boston College

Mar 2, 2015

This Is How Some Overpayments Happen

     Social Security has created a "Work Site",  a website that's supposed to encourage return to work but it includes no information on how a disability recipient is supposed to notify the agency if he or she has returned to work. You're supposed to call the agency's 800 number but given the wait time on those calls, many claimants get frustrated and give up.  
     I looked into this because I just had a former client tell me he had called to tell Social Security that he had returned to work part time. He was told that since he was only earning $800 a month that it would be no problem. He received no written receipt of his report of return to work even though he called twice. That's wrong. He should have gotten a written receipt, especially since his Trial Work Period has now begun. There's no lower limit on earnings that are supposed to trigger the issuance of a written receipt.

Mar 1, 2015

New Procedure For Some Blindness Cases

     Social Security has finally devised a procedure for dealing with claimants who are working and who allege that they have become statutorily blind while already on disability benefits without regard to blindness. Different standards apply to work activity in blindness cases. I had a case like this some years ago. Everyone conceded that a different standard applied to those who are statutorily blind but they kept saying that my client hadn't been adjudicated statutorily blind so they couldn't apply that standard even though we kept presenting evidence that she had become statutorily blind. At the time they had no procedure for adjudicating blindness after a person had already been found disabled for other reasons. Eventually, we got the sort of resolution indicated in this new procedure but it took a couple of years.

Feb 28, 2015

Guilty Plea In New York

     From the New York Times:
A Long Island lawyer who led a huge scheme to defraud the Social Security Administration pleaded guilty on Friday, receiving a reduced sentence in return for promising to help federal investigators find other people cheating the disability insurance system, prosecutors said.  ...
He faced a maximum sentence of 25 years on the top charge of grand larceny, had he gone to trial. In return for his assistance, he was promised a sentence of one year in jail ...

Feb 27, 2015

What's In A Name?

     The Institute of Medicine is recommending that Chronic Fatigue Syndrome (CFS), also known as Myalgic Encephalomyelitis (ME), be renamed as Systemic Exertion Intolerance Disease because "the term “chronic fatigue syndrome” can result in stigmatization and trivialization." CFS leads to a fari number of Social Security disability claims. I doubt that a new name is going to reduce the stigma problem. 
     Below are the diagnostic criteria proposed by the IOM panel -- and note that the panel still refers to "CFS/ME" even as they recommend a new name!