Hard Time

     From the Lexington, KY Herald Leader:

A Pikeville psychologist tried to hang himself after he was convicted of conspiring with disability attorney Eric C. Conn to defraud the Social Security Administration of millions of dollars, according to a court record.

A federal prosecutor cited the unsuccessful suicide attempt in arguing that Alfred Bradley Adkins should not be released on bond pending sentencing.

U.S. District Judge Danny C. Reeves turned down Adkins’ request to be released. ...

Adkins was charged with signing false mental-impairment evaluations for Conn to use in claims.

A jury convicted Adkins on June 12 of conspiracy, mail fraud, wire fraud and making a false statement in a record submitted to Social Security.

Reeves ordered Adkins taken into custody after the verdict.

About an hour later, the U.S. Marshals Service notified Reeves that Adkins had tried to hang himself in a holding cell at the federal courthouse in Lexington, according to a court document. The document didn’t provide any additional details.

Reeves said in an order that although Adkins’ attempt was unsuccessful, it “refutes his claims of stability and the assertions that Adkins is not a danger to himself or to others, or that he would not flee if given the opportunity.” ...

Adkins faces up to 65 years in prison, according to a motion by Dustin M. Davis, an attorney for the U.S. Department of Justice. ...

Read more here: http://www.kentucky.com/news/state/article167332772.html#storylink=cpy

Read more here: http://www.kentucky.com/news/state/article167332772.html#storylink=cpy

Read more here: http://www.kentucky.com/news/state/article167332772.html#storylink=cpyAdkins faces up to 65 years in prison, according to a motion by Dustin M. Davis, an attorney for the U.S. Department of Justice.

Read more here: http://www.kentucky.com/news/state/article167332772.html#storylink=cpy

Why Can't Social Security Get Adequate Administrative Funding?

     Max Richtman of the National Committee to Preserve Social Security and Medicare wonders why the Sorcial Security Administration can't get an adequate operating budget. He thinks it might have something to do with the fact that Republicans still can't reconcile themselves to the very existence of Social Security.

1.7% COLA?

     There's always great interest in Social Security's annual cost of living adjustment. We won't know the actual 2018 number until October but it's looking like it will be about 1.7%.

Happy Birthday!

     President Roosevelt signed the Social Security Act on August 14, 1935.

New Remand Procedure

     From HALLEX, the manual for Social Security's Office of Disability Adjudication and Review (ODAR) (and no, the name hasn't changed yet):

I-2-5-12 Remand for Revised Determination Last Update: 8/3/17 (Transmittal I-2-211)  

A.When to Remand for a Revised Determination After a claimant files a request for hearing but before an administrative law judge (ALJ) holds a hearing, an ALJ may, under certain circumstances, remand a case to the Disability Determination Services or other component that issued the determination. See 20 CFR 404.948(c) and 416.1448(c). An ALJ may remand for a revised determination on his or her own initiative, or at the request of a claimant. An ALJ will only remand a case for a revised determination if there is reason to believe the revised determination would be fully favorable to the claimant. While the regulatory language is quite broad, the ALJ will only consider this requirement met if the ALJ is reasonably certain a revised fully favorable determination will be issued on remand. For example, the ALJ may receive new and material evidence that appears to change the outcome, or a change in the law permits a favorable determination. ...

New Prehearing Reviews

     From HALLEX, the manual of Social Security's Office of Disability Adjudication and Review (ODAR) whose name will be changed to OHO this fall:

I-2-5-10. Prehearing Case Review by Other Component Last Update: 8/3/17 (Transmittal I-2-211) 

A.General After a claimant files a request for hearing but before an administrative law judge (ALJ) holds a hearing, an ALJ may, under the circumstances outlined in subsection B below, forward a claim for a prehearing case review to the Disability Determination Services or other component that issued the determination the claimant is appealing. On receipt of the claim(s), the receiving component will decide whether to revise the determination based on a preponderance of the evidence. See 20 CFR 404.941 and 416.1441. Under these procedures, the Social Security Administration may only issue a revised determination if it is fully or partially favorable to the claimant. NOTE: While a prehearing case review is pending, the ALJ retains jurisdiction of the claim and will not dismiss the request for hearing. 

B.When an ALJ May Refer a Case for Prehearing Case Review As set forth in 20 CFR 404.941 and 416.1441, an ALJ may refer a case for a prehearing case review if: Additional evidence is submitted; There is an indication that additional evidence is available; There is a change in the law or regulation; or There is an error in the file or some other indication that the prior determination may be revised. In screening cases for the regulatory criteria, the ALJ will only refer cases for a prehearing case review in which application of the criteria may result in a fully or partially favorable decision. 

One Writer Describes What It Feels Like To Be Disabled

     From Robert Fowler writing for the Washington Post:

... A few weeks after my stroke, when I realized I wasn’t going to be able to work, my wife drove me to the Social Security office to apply for benefits. After stacks of paperwork, it took several months before my first trip to the doctor, for a psychiatric exam, where they asked me to count to 100 by sevens. It should have been simple, but about halfway through, I stumbled, and felt humiliated. More questions passed, and more confusion. A very thorough physical exam came next. And then there was a very thorough check of our finances, including the number of cars and bank accounts we have. Months on, I still haven’t received a single check. Without help from family, I would be homeless, despite over forty years in the work force. To them, I am forever grateful, but also deeply ashamed. 

In a world where we’re all expected to carry our own weight, I fully understand why my fellow taxpayers don’t want to carry mine. But what I don’t understand is that the lady who helped me with the paperwork at the Social Security office told me disability was not charity. What I am to get out is based on what I put in. She told me to stop crying because it is money I have earned. So In a world where we’re all expected to carry our own weight, I fully understand why my fellow taxpayers don’t want to carry mine. But what I don’t understand is that the lady who helped me with the paperwork at the Social Security office told me disability was not charity. What I am to get out is based on what I put in. She told me to stop crying because it is money I have earned. So why do I feel so much shame? 

I was raised with the feeling that public services should be kept to an absolute minimum, and that people who received government assistance have no class, and should have taken better care of themselves. Three weeks after my stroke, my wife of 41 years lost her job, too. She was upset due to my prognosis, and spent so much of her time taking care of me (making sure, for example, that I could turn off the burners after cooking, and make it around the house on my own) that it was hard for her to make it to work. Without her job, we had to apply for food stamps. When we first received them, I was so humiliated I wouldn’t even go to the store with her. I was afraid and demoralized. 

I would gladly work, just to hold my head up again. And I believe most folks like me would prefer a hand up to a handout. It’s just that a hand up is much harder to come by in circumstances like these. I didn’t grow up poor, and I didn’t intend to become poor: Somehow, it just happened. The poor are rarely in a position to defend themselves. I see that now, and I refuse to judge a panhandler these days. I just thank God I’m not in his shoes yet, if he has any.

A Message From The Commissioner

Date: August 8, 2017 Refer To: S7A-4

To: Senior Staff

From: Nancy A. Berryhill /s/

Acting Commissioner 

Subject: Organizational Realignment - INFORMATION

I continue to identify opportunities to improve efficiency and public service by unifying efforts and advancing our ability to make data-driven decisions.

Today, I am announcing the establishment of a Deputy Commissioner-level organization – the Office of Analytics, Review, and Oversight (OARO) – which will be implemented October 1, 2017. The six offices involved that will form this organization are as follows:

From the Office of Budget, Finance, Quality, and Management:

 • Office of Anti-Fraud Programs; 

 • Office of Business Improvement;

• Office of Quality Review; and

• Audit Liaison Staff 

From the Office of Disability Adjudication and Review:

• Office of Appellate Operations;

From the Office of the Commissioner:

 • Analytics Center of Excellence

Integration of these organizations with complementary missions provides an opportunity to mature our anti-fraud efforts, institutionalize and foster data analysis in our programs, improve coordination to provide oversight of the disability adjudication system, and communicate a unified message within and outside the agency. This restructuring presents an opportunity to maximize our resources and better organize efforts to explore and develop the future of analyses and oversight. I said in my first communication January 23rd that we will be mission focused and mission driven. The establishment of this organization further demonstrates a commitment to maximizing our performance and employee engagement while enhancing and improving agency policies and processes so that we provide quality public service.

Pat Jonas will be Deputy Commissioner, OARO and Amy Thompson will serve as Acting Assistant Deputy Commissioner, OARO. 

In addition to this new organization structure, the Office of Budget, Finance, Quality, and Management will be the Office of Budget, Finance, and Management (OBFM). The Office of Disability Adjudication and Review will be the Office of Hearings Operations (OHO). 

Please join me in congratulating our colleagues on their new assignment. I am sure I can count on you to give them your full cooperation as they begin the task of integration and moving forward.