Caseload Analysis Report

     Posted in the newsletter of the National Organization of Social Security Claimants Representatives (NOSSCR), which is not available online.

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     Note the large increase in overtime hours beginning in February. Note also that the Senior Attorney decisions are down to a pathetic total of 18 in April! If you want to know whether Social Security is taking its hearing backlog seriously, pay attention to the Senior Attorney decisions. Should Democrats take control of the House of Representatives in 2018, expect that number to soar.

This Fugitive Business Must Be Tougher Than He Thought

     From the Lexington Herald Leader:

A person claiming to be fugitive lawyer Eric C. Conn laid out the terms of his surrender in emails sent to his attorney and the Herald-Leader in recent days, then contacted the newspaper early Sunday to provide extra details aimed at confirming his identity. ... 

In an email sent to the newspaper Friday, the person claiming to be Conn said he fled because he felt it was unfair that two Social Security judges convicted in relation to his case would get far less prison time than him. 

Conn’s attorney, Scott White, confirmed that he received an email Thursday from someone claiming to be his client and that the email contained some of the same details that were in the message sent to the newspaper. 

White said he first thought the email was a joke, but became convinced there was a high likelihood that the emails to him and the newspaper were from Conn. 
The emails set out conditions under which the sender would surrender to the FBI. 

They were that the terms of his surrender be made available for public review and discussion; that the FBI publicly state Conn fled because he found it unfair that others in the case will receive a combined sentence less than his; that the FBI publicly acknowledge Conn has no history of violence and that a caution they issued to members of the public about approaching him was not based on a specific concern; and finally, that the FBI not charge him with additional crimes related to him fleeing.

Should More Consideration Be Given To Assistive Devices In Determining Disability?

     The Governmental Accountability Office (GAO) recommended in 2012 that Social Security look into whether it should consider more fully assistive devices in disability determination. Social Security commissioned a report by the National Academies of Sciences, Engineering and Medicine on the subject. The bottom line is that they recommended against making any change. They also recommended more research but Beltway Bandits always recommend more research. It was a naive recommendation from GAO to begin with, the sort of thing that makes sense mostly to someone who doesn't know how disability determination works at Social Security.

$20,000 Price On Eric Conn's Head

     The FBI is offering a $20,000 reward for information on the whereabouts of Eric Conn. They say his GPS ankle bracelet was found in a backpack on I-75 in Lexington, KY.

They Call This The Waterfall Chart

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One Of The Many Changes Since The Dictionary Of Occupational Titles Was Published

     The abstract of Surveillance-system Monitors in the Work Force Kincaid Vocational and Rehabilitation Services in the Journal of Forensic Vocational Analysis:

A labor market survey was conducted to assess the responsibilities and skills of Surveillance-system Monitors as they exist in the current labor market. A tri-modal approach was taken. First, 58 job vacancy advertisements were reviewed to analyze the physical requirements of Surveillance-system Monitors as they exist in the labor market today, along with other factors that contribute to the skill-level of this position. Second, the position of Transportation Security Officer was reviewed via the job vacancy advertisement and job description video (accessed through the Transportation Security Administration website). Third, employers of Surveillance-system Monitors, and employees currently performing work as a Surveillance-system Monitor, were contacted at various establishments including colleges, hotels, and malls in the New Jersey and Texas State areas. The results indicate that the physical and cognitive requirements of Surveillance-system Monitors have changed significantly since the last major revision of the Dictionary of Occupational Titles in 1991. The essential functions of Surveillance-system Monitors now require use of others skills, longer training, higher aptitudes, and greater physical demands. The research conducted for this study returned a 0% prevalence of Surveillance - system Monitors as it is conventionally described in the Dictionary of Occupational Titles.

     So what's the status of the DOT replacement? Is this reason it keeps being delayed the fear that there won't be any unskilled, sedentary jobs left? By now could there even be any other reason? This delay may not look too good if Democrats get control of the House of Representatives after the 2018 election and start asking questions and demanding documents.

Mathur To Take Over As CIO

     From FCW Insider: 

The Social Security Administration has tapped an IRS veteran to take over as CIO [Chief Information Officer]. Rajive Mathur is taking over as the agency's deputy commissioner for systems and CIO in June, according to an agency spokesperson.  

Mathur comes from IRS, where he served as director of online services and was a leader in such public-facing tax products like Get Transcript, Direct Pay and Where's My Refund.

Why So Many No-Shows?

     Sam Johnson, the Chairman of the House Social Security Subcommittee, asked Social Security's Inspector General to look into the question of how many no-shows and postponements there are for hearings before the agency's Administrative Law Judges (ALJs). Here's some of the response:

In FY 2016, the national hearing no-s how rate was 9 percent. The New York, New York, Hearing Office had the highest no-show rate at 15.9 percent while the Franklin, Tennessee, Hearing Office had the lowest no-show rate at 1.2 percent. In FY 2016, the national postponement rate was 8 percent. The Anchorage, Alaska, Hearing Office had the highest postponement rate at 20.4 percent while the Ponce, Puerto Rico, Hearing Office had the lowest postponement rate at 2.7 percent. Our interviews with office managers representing hearing offices with the highest no-show and postponement rates identified a large number of unrepresented claimants and a transient clientele as reasons for no-shows and postponement.

     Here's an interesting chart from the report, showing a significant rise in the no-show rate in recent years:

     Why would the no-show rate have gone up significantly over the last few years? My guess is that it's related to an increase in the rate of claimants who are unrepresented. I'm pretty sure there are more unrepresented claimants now than there were a few years ago. Normally, attorneys only get a fee if they win. Attorneys avoid cases they think they are unlikely to win. It's become harder to win cases. As a result, attorneys tighten their intake criteria leaving more claimants unrepresented. For reasons I've never understood, Social Security never releases information on the percentage of claimants who are and aren't represented. However, I know that my firm and every other firm I know has tightened its intake criteria.

     By the way, the implosion of Binder and Binder probably affected the availability of representation in New York City. Also, by the way, Anchorage is notorious for being the harshest hearing office in the country. As a result, claimant representation in Alaska has collapsed.