Social Security Gets Hiring Freeze Exceptions

Granting exceptions

     Upon taking office, Donald Trump did what Republican Presidents have often done in the past, order a federal hiring freeze. This is based upon a general contempt for the work that federal agencies do and the federal employees who do the work. 

     These hiring freezes always start breaking down as it becomes apparent that voters will be discomfited by understaffed federal agencies. Social Security is usually one of the first agencies where it becomes apparent that a hiring freeze will cause visible problems.

     The Office of Personnel Management (OPM) is in charge of administering Trump's hiring freeze and can grant exceptions to it. OPM has now granted an exception to the hiring freeze to allow Social Security to hire Administrative Law Judges, hearing support staff and processing center employees. Unfortunately, there is no exception so far for field office staff.

Three Rulings Rescinded

     From today's Federal Register:

We are rescinding the following SSRs [Social Security Rulings]: 

      • SSR 96–2p: Titles II and XVI: Giving Controlling Weight to Treating Source Medical Opinions. 
      • SSR 96–5p: Titles II and XVI: Medical Source Opinions on Issues Reserved to the Commissioner. 
     • SSR 06–03p: Titles II and XVI: Considering Opinions and Other Evidence from Sources Who Are Not ‘‘Acceptable Medical Sources’’ in Disability Claims; Considering Decisions on Disability by Other Governmental and Nongovernmental Agencies. 

These three SSRs are inconsistent or unnecessarily duplicative with our recent final rules, Revisions to Rules Regarding the Evaluation of Medical Evidence, published in the Federal Register on January 18, 2017 (82 FR 5844).

Still Worried?

     If Republicans can't agree on an Obamacare replacement, what are the odds they'll agree on significant changes to Social Security? You can promise all kinds of things in the abstract when you're in the opposition. It's very different when you're voting on real legislation with real consequences for real voters. 

Social Security Prevents Suicides

     From the Pacific Standard:

When officials of the Trump administration and the Republican-majority Congress speak of “reforming” entitlement programs such as Social Security and Medicare, the conversation is largely confined to cost-cutting. It’s easy to forget the enormous impact these programs have on Americans’ lives.

A striking reminder comes in a new study, which finds “a significant, sudden drop in suicide rates upon turning 62 years old” — the age at which one becomes eligible for Social Security benefits.

“This decline is large, particularly among males, (and) has emerged for females and widened for males in recent years,” writes economist Jeffrey DeSimone of the University of Alabama–Birmingham.

“Much evidence suggests this discontinuity is attributable to the Social Security early retirement age, more so than the act of retiring itself,” he adds in the journal Contemporary Economic Policy. ...

Eric Conn Pleads Guilty

     From the Lexington Herald-Leader:

Flamboyant Social Security lawyer Eric C. Conn, who won disability checks for thousands of people in Eastern Kentucky but caused heartache for many former clients after he was accused of cheating on cases, pleaded guilty Friday in a federal fraud case.

Conn, 55, pleaded guilty to one count of stealing from the Social Security Administration and one count of bribing a federal judge. ...

He faces up to 12 years in prison. He is to be sentenced July 14. ...

Read more here: http://www.kentucky.com/news/state/article140620328.html#storylink=cpy

Read more here: http://www.kentucky.com/news/state/article140620328.html#storylink=cpyHe faces up to 12 years in prison. He is to be sentenced July 14.

Read more here: http://www.kentucky.com/news/state/article140620328.html#storylink=cpy

New Ruling On Medical Equivalence

     From Social Security Ruling 17-2p, which will be published in the Federal Register on Monday:

At the hearings level or at the AC [Appeals Council] level when the AC issues its own decision, the adjudicator is responsible for the finding of medical equivalence [to a Listing]. The adjudicator must base his or her decision about whether the individual’s impairment(s) medically equals a listing on the preponderance of the evidence in the record. To demonstrate the required support of a finding that an individual is disabled based on medical equivalence at step 3, the record must contain one of the following:

     1. A prior administrative medical finding from an MC [Medical Consultant] or PC [Psychological Consultant] from the initial or reconsideration adjudication levels supporting the medical equivalence finding, or

     2. ME [Medical Expert] evidence, which may include testimony or written responses to interrogatories, obtained at the hearings level supporting the medical equivalence finding, or

     3. A report from the AC’s medical support staff supporting the medical equivalence finding.

No Telework For An ALJ Unless They Schedule 45 Hearings A Month

     Obtained from the ALJ Discussion Forum:

Date: February 15, 2017

To: All HOCALJs [Hearing Office Chief Administrative Law Judges]

From: Patrick Nagle /s/
Chief Administrative Law Judge
Office of the Chief Administrative Law Judge

Robert Jandrlich /s/
Associate Commissioner
Office of Executive Operations and Human Resources

Subject: UPDATE: Telework Requests for IFPTE/AALJ [union that represent ALJs and staff attorneys] Employees – INFORMATION

This guidance applies to all Office of Disability Adjudication and Review bargaining-unit employees covered by the National Agreement between the Social Security Administration, Office of Disability Adjudication and Review, and the Association of Administrative Law Judges, International Federation of Professional and Technical Engineers, AFL-CIO & CLC (IFPTE).

In accordance with Article 15, Section 5A of the 2013 SSA/ODAR-AALJ/IFPTE National Agreement, all administrative law judges (ALJs) who wish to participate in the agency’s telework program should submit their requests and schedules to you by February 28, 2017. You should approve or deny the telework requests by March 14, 2017. ALJs who receive approval for their requests may begin to work their new telework schedules on the first full pay period in April, which begins April 2, 2017.

When reviewing your ALJs’ requests for telework for this next 6-month period, please keep in mind the guidance that we have previously provided regarding what constitutes a “reasonably attainable” number of hearings, and the considerations you should take into account to make that determination. That guidance is contained within the Telework Guidance for HOCALJs document and the Reasonably Attainable Guidance, both of which are in the HOCALJ Telework Guidance library. Judge Bice’s September 2016 guidance stated that an average of 45 to 50 scheduled hearings per month would constitute a “reasonably attainable” number of hearings for the October 2016 through March 2017 telework period. Even prior to the implementation of this telework expectation, ALJs were regularly conducting a minimum of 50 hearings per month and this is a reasonable expectation for all ALJs. Therefore, for this upcoming telework period, April 1, 2017 to September 30, 2017, we will maintain that an average of 50 scheduled hearings per month is a “reasonably attainable” number of hearings.

Please remember that our expectation for all ALJs, teleworking and non-teleworking, is that they issue 500 to 700 legally sufficient dispositions per year; their scheduling of hearings should therefore be commensurate with this goal. To that end, please review carefully the Reasonably Attainable Guidance as you consider an ALJ’s telework request, and please take into account those circumstances that apply to that ALJ. If no such circumstances apply, an average of 50 hearings a month will be considered to be a “reasonably attainable” number of hearings. An ALJ who does not meet this expectation may have his/her telework restricted.

Please continue monitoring cases in judge-controlled status that may be “seriously delinquent.” You will find further guidance on addressing delinquent cases in the Addressing Delinquent Cases folder in the HOCALJ Telework Guidance library.

SIGN 10 days or greater
EDIT 30 days or greater
ARPR/ARFL and ALPO/ALFL 30 days or greater

As a reminder, effective October 9, 2015, Judges must use the Virtual Private Network (VPN) software on their device for all Telework. If an ALJ does not comply with this requirement, he/she is no longer eligible for telework and must wait until the next request period to apply for telework.

Before removing an ALJ from telework, please have a collegial conversation and explain the importance of using technology/the laptop as part of telework. You may consult with your regional attorney or labor and employee relations specialist for the next steps and to ensure we are addressing these issues consistently.

If you have any questions, please contact _____________, in the Division of Quality Service, at (888) 238-_______ ext. _________

Former SSA ALJ Sentenced To Jail For Trading Sex For Benefits

     From the Alabama Media Group, which is probably a newspaper or group of newspapers:

A former Alabama Social Security Administration judge was sentenced to federal prison today for trading social security benefits for sex.

Paul Stribling Conger Jr., 73, was sentenced to 12 months and one day in prison by U.S. District Judge Virginia Hopkins. Because of the additional one day, he will be eligible for early release. ...

Court documents show in 2013, Conger was presiding over the hearing of a claimant who was approved for Supplemental Security Income (SSI) monthly payments and benefits. The claimant, who is only identified in records by her initials T.M., approached Conger in Nov. 2013 about receiving her retroactive benefits in a lump sum of about $10,000.

The two then engaged in a sex act and other sexual contact that day at the federal courthouse in Tuscaloosa, documents show. T.M. and Conger remained in contact by phone, and Conger invited her to return to the courthouse later that month. She didn't go back. ...