Motion Filed To Stop Hearings For Former Clients Of Eric Conn

     From WYMT:

He calls it a "planned assault" on nearly 1,500 people.

Attorney Ned Pillersdorf said a motion to stop social security benefit hearings was submitted to a federal judge.

The S.S.A. is reviewing benefits rewarded to disability attorney Eric C. Conn's clients. ...

Hearings are expected to being in September and will likely take months to finish.

     This is all I know, folks.

     Update: Pillersdorf has posted the pleadings on his firm's Facebook page.

Lawsuit Against Eric Conn Not Going So Well

     Eric Conn has been accused of defrauding Social Security by many, including a Congressional committee and 60 Minutes. However, Conn's problems really began with a qui tam action. Qui tam is a very odd type of lawsuit. A party, called a relator (not realtor) brings a lawsuit in the name of the government against a person whom they believe is defrauding the government. The government has to review the case to see if they believe it has enough merit that the government should take over the case. If the government declines, the case can still go forward but the relators must bear the burden of proceeding with the case. If the qui tam lawsuit is eventually successful in forcing the defendant to pay damages to the government, the relator gets part of the damages. In Eric Conn's case, the government declined to take over the case. That's a sign that the case being brought by the relator may lack merit, or at least enough merit that damages are likely. In Conn's case, the relators are going forward with the qui tam case, although it seems like the case is proceeding at a glacial pace. The most recent thing that's happened is that the Court has ruled on Conn's motion to dismiss the case. The Court has dismissed most, but not all, of the case. This link will only work for a couple of weeks. I hope it works for Social Security employees. Let me know.

     Many believe that Conn is clearly guilty of fraud. He may be guilty as sin. I don't know. I've written before that to me he seems more like a doofus than a criminal. Fraud is awfully difficult to prove. So far, no criminal charges have been brought against Conn. Social Security has not been able to even suspend Conn from practicing before the agency. This qui tam case may not be going so well for the relators. However, Conn's Social Security practice has almost certainly been ruined, probably permanently. The litigation expenses may well bankrupt him. If you're looking for him to be punished, that may be all you get.

Hard To Make A Living Representing Social Security Claimants

     Crain's Detroit, a business newspaper, is running an article on the business of representing Social Security claimants. I can say from personal experience that it's a difficult business to be in. The article notes this. The firms that the newspaper talked with had all decreased the number of attorneys doing Social Security work. Apparently, hearing backlogs in the Detroit area are far, far lower than they are where I'm practicing.

He Got Hooked

     From the Associated Press:

A Massachusetts man seen manning big fishing rods and harpooning huge fish on the reality show Wicked Tuna collected government benefits while claiming to be disabled and unable to work, federal prosecutors said.

Paul Hebert, 50, of Gloucester, Massachusetts, accepted more than $44,000 in Social Security and Medicaid benefits between 2010 and 2013, according to a four-count indictment filed Friday in U.S. District Court in Burlington.

One Sign Of The Field Office Backlogs

     An e-mail I received today from a legal assistant at my firm: "_____ [Field Office] is again telling people it will take them 90 days to even call the clients for the SSI resource interview after they have been approved."

     Actually, it probably won't take that field office that long to do an interview needed before benefits can be computed and paid but it tells you something about workloads at Social Security's field offices that one would say this to a desperately poor person who has just been found disabled.

     And a Social Security spokesperson recently used the phrase "world class service"?

What Entitlement Crisis?

    That "entitlement crisis"? Paul Krugman says it never existed. This chart seems to bear him out.

Do They Have A Plan To Come Up With A Plan?

     The National Journal has an article summarizing the current state of Republican efforts to come up with a plan for the upcoming shortfall in Social Security's Disability Insurance Trust Fund. The takeaway is that the GOP has no plan nor are they likely to have any plan until well into next year.

The Mess In Kentucky

     From the Lexington Herald-Leader:

Dexter Conn needs a lawyer. So do 1,500 of his neighbors.

The 57-year-old from Dana is one of the 1,500 people, mostly in eastern Kentucky, whose federal disability benefits are in jeopardy after the federal government ordered a review of cases handled by attorney Eric Conn. Now those cases are likely headed to hearings before administrative law judges that could start as soon as September.

All of those people need attorneys, and most of them can't afford one. ...

One problem is the attorneys likely will not be paid. In many Social Security cases, applicants are often awarded benefits dating back to the time they became disabled. In some cases that could be up to a year or more of benefits, money often used to pay attorney's fees. But these cases don't have that possibility because they are reviews of existing awards. ...

So far, 80 attorneys have volunteered to help. But [Robert] Johns [Executive Director of the Appalachian Research and Defense Fund of Kentucky] said the "vast majority" have no experience handling Social Security benefit cases, which require extensive knowledge of federal law and regulations while juggling mountains of medical records. Training them will take time. ...

    And before someone raises the questions, let me answer it. No, it's not reasonable to expect the local Social Security attorneys to represent all these people pro bono. It's a rural area. There can't be that many local Social Security attorneys. Every Social Security attorney in the country is struggling to survive in a difficult environment. I'm sure that's the case in Kentucky as well. These attorneys can't drop everything they're doing for the next two years to clean up a mess they didn't create. And, no, it's not reasonable to expect attorneys from other parts of the country to step in and represent these claimants. That's impractical. I'm supposed to not only represent these folks pro bono but spend money to travel to Kentucky? Be realistic.