Feb 14, 2018

Conn Can No Longer Represent Social Security Claimants

     Social Security decided on February 7, 2018 that one Eric Christopher Conn was disqualified from representing claimants before the agency.

Feb 13, 2018

Not That It Matters But Here's The President's FY 2019 Social Security Budget Proposal

     Below is a table from the President's budget proposal for the Social Security Administration's operating budget for Fiscal Year 2019 (FY 2019). FY 2019 will begin on October 1, 2018. Note that this is a basically flat proposal, which means that it would be a budget cut when you consider inflation. That's why significant staffing cuts are predicted.
     However, because of the budget bill that was just approved, the President's entire FY 2019 budget is virtually meaningless. The budget bill that was just signed provides for significant budget increases for civilian agencies while the President's budget would call for cuts. The enacted budget bill governs. This budget proposal is nothing more than the pipe dream of Mick Mulvaney, the director of the Office of Management and Budget, who is a noted budget hawk at least when it comes to civilian agencies.
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Feb 12, 2018

Poor Rural Areas Generate Disability Claims

     The Cadillac [MI] News reports on the incidence of Social Security disability receipt within the state of Michigan. Not surprisingly, to me at least, disability hits hardest in poorer rural areas with older populations. Many of the healthy young people leave those areas to take jobs where they can find them. The population left behind is older and sicker. Of course, a higher percentage of the remaining population files disability claims.
     By the way, what I've seen in North Carolina is that these poorer rural areas eventually generate fewer disability claims -- once the local population is greatly diminished, as it surely will be over time, since there aren't jobs to be had. The older, sicker population just dies off.

Feb 11, 2018

Emergency Message On Casey v. Berryhill

     The Social Security Administration has issued Emergency Message EM-18004 on the implementation of the 7th Circuit Court of Appeals decision in Casey v. Berryhill which provides that a claimant may obtain judicial review of an Appeals Council order dismissing a request for review as untimely on the grounds that there was not good cause for a late request for review. However, at the moment they're only wanting to identify cases potentially affected rather than actually acting upon them.

Feb 10, 2018

Same Sex Marriage Finally Recognized

     Social Security is still sorting out same sex marriage issues. Here's a case where a marriage was finally recognized. The issue was whether the marriage was recognized at the time that one of the parties to the marriage died.

Feb 9, 2018

Conn Reviews Causing Stress

     The upcoming reviews of the cases of 2,000 more former clients of Eric Conn are already causing stress. At this point, we don't know exactly who will be reviewed. In the last round, 53% of the former Conn clients kept their benefits despite the reviews and many more were approved on new claims. In the end, I wonder how many of those reviewed will actually lose benefits for good. My guess is that it will be less than 25% of those reviewed.

Daniel Bernath Dies In Plane Crash

     Daniel Bernath, who used to be an attorney representing Social Security disability claimants, has died in a plane crash. Take a look at this old post on this blog. Bernath had threatened to sue me for libel if I didn't make that correction! To give you an idea of what he was like take a look at this old blog post as well as this one. I had great sympathy for the Administrative Law Judges who had to cope with such an obnoxious person. I don't understand how anyone comes to be like Bernath.

Feb 8, 2018

To Be Continued

     That big Senate bill that settles all budget matters for the next two years that you've been reading about -- it's not quite what it's advertised to be. For one thing, it actually only funds the government through March 23. For another, it's only a budget bill. Budget bills only set top line limits. They don't specify what each agency gets. That's done in appropriations bills. There could easily be a partial government shutdown over one or more of the appropriations bills and the Labor-HHS appropriations bill that includes Social Security is always the most contentious of the appropriations bills. So, we don't know how much Social Security will get and we can't say that the threat of a government shutdown affecting Social Security has passed.