NADE Newsletter

     From the Spring 2020 newsletter of the National Association of Disability Examiners (NADE), the voluntary organization of personnel who make disability determinations for Social Security at the initial and reconsideration levels, concerning a meeting with Grace Kim, Social Security's Deputy Commissioner of Operations and John Owen, the Associate Commissioner of the Office of Disability Determinations:

... The NADE board brought up an agenda item that was noticed in various regions. There have been problems seen where the DDS [Disability Determination Service] is contacted by an office claiming to be an appointed representative who filed the SSA-1696 [appointing an attorney or other person to represent a Social Security disability claimant] with the field office but it is not in the electronic file. Grace mentioned that this is a customer service issue and someone has been appointed to look into the issue. ...

     This is a big problem for people like me. We keep submitting  the 1696 form repeatedly and field offices do nothing with it. This leaves us incapable of representing the claimant before the agency. This problem has been around for years and it's been getting worse.
     I don't understand the process but, apparently, it's ridiculously difficult for field office personnel to enter the appointment of a representative in their computer system. I think most of those who represent claimants would prefer some system where we could enter the information directly. I don't see how imposing this work load on field office personnel adds any layer of protection for claimants or the system. If there's some issue with us abusing the system, it's not hard to find us or to take action against us.

     There is also material in the newsletter about how NADE members are coping with the changes brought about by Covid-19. I'm not going to reproduce any excerpts here but reading it might be a good idea for those who have had little contact with DDS personnel. There are a lot of unjustified negative attitudes about disability examiners. The system may be uncaring but the people aren't.

Arbitrator Finds Bad Faith Bargaining

     From Government Executive:

An independent arbitrator last week ruled that the Social Security Administration violated federal labor law by engaging in bad faith bargaining in its contract negotiations with a union representing administrative law judges who preside over Social Security disability cases. 

The ruling is a result of a grievance filed by the Association of Administrative Law Judges, which accused the agency of repeatedly denying the union’s requests for information while the parties prepared to negotiate a new contract. 

In its grievance, the union highlighted a number of instances when routine requests for data related to provisions in its collective bargaining agreement were delayed or denied. These requests included detailed disposition data for the agency’s administrative law judge corps, the estimated cost of training a new administrative law judge, the criteria by which the agency places ALJs under “close supervision” and data supporting the need for the agency’s demand for a seven-year contract term. 

In many of these cases, arbitrator Malcolm Pritzker found the agency’s denials did not meet the standard needed to justify withholding information. In one instance, he noted that although the agency claimed the union’s request regarding the proposed contract duration was “not related to collective bargaining,” officials eventually used the requested data as part of the agency's justification for the contract length before the Federal Service Impasses Panel. ...

"Policy changes at the SSA had slowed down any further expansion. That changed with the rapid spread of COVID-19"

     From a Northrop Grumman website:

Ordinarily, the Social Security Administration’s (SSA) headquarters and its more than 1,200 field offices across the country, are visited daily by thousands of citizens either in person, or by phone, seeking assistance with supplemental income and health and disability insurance. ...

Four years ago, a Northrop Grumman team began working with the SSA on a project to allow field office workers the opportunity to telework one or two days per week using a softphone, or having access to their phone lines through their computers.  ...

The project had rolled out to nearly half of the field office workforce, about 28,000 employees, however policy changes at the SSA had slowed down any further expansion.
That changed with the rapid spread of COVID-19.

With SSA facilities closing in response to the coronavirus pandemic, there was suddenly an immediate need for all 50,000+ SSA field office employees to have softphone access.
During a marathon multiday session beginning March 13, a team of 16 Northrop Grumman employees who support the SSA on the Information Technology Support Services Contract (ITSSC2), sorted through databases to identify the SSA employees who were not set up with softphones. More than 30,000 names were identified and given to the SSA’s Division of Integrated Telecommunications Management (DITM). Plans were immediately put in place to accelerate the softphone rollout. ...

Within five days, the project to identify names and provide softphone access was complete. ...

     What I've wondered about is how they came up with all the hardware so quickly. I'm pretty sure the "softphones" require hardware.

Might Need A Psych Evaluation

     From Your Content:

Officials announced the arrest of a 65-year-old Philadelphia man who forced entry into a federal building after authorities informed him it was closed due to coronavirus, Your Content has learned. What’s more, the crazed elderly man slapped the federal officers around, resulting in additional charges. ...

Authorities say Washington forced his way inside the SSA office at 701 East Chelten Avenue, after he was told by a FPS security officer that the office was closed to the public because of the coronavirus pandemic. ...

26 Months Of Pre-Trial Detention?

    From a press release:

After having served approximately 26 months in pretrial detention, Slaven Nedic, 28, of St. Louis, was sentenced to three years of probation.  Nedic appeared today before U.S. District Judge John A. Ross. 

According to court documents, on March 9, 2018, Nedic entered the lobby of the Crestwood office of the Social Security Administration and punched an armed guard in the face.  He also attempted to obtain control of the guard’s firearm during the ensuing physical confrontation.  An unarmed employee of the administrative agency heard the altercation, and came to the guard’s aid.  The two were able to restrain Nedic until local law enforcement officials arrived.  Nedic has been in custody since his arrest on March 9, 2018. ...

OHO Receipts Stabilizing As ALJ Corps Dwindles But Dispositions Still Far Outpace Receipts

     This was obtained from Social Security by the National Organization of Social Security Claimants Representatives (NOSSCR) and published in its newsletter, which is not available online to non-members. It is basic operating statistics for Social Security's Office of Hearings Operations. Click on the image to view full size.

"The Injustices ... Are Both Many And Deep"

Carl Boatner

     From the Meridian Star:

Carl Boatner suffers from chronic obstructive pulmonary disease, coronary artery disease, two liver diseases, diabetes, obesity, hypertension, major depressive disorder and anxiety disorder.

The administrative law judge handling his appeal of the denial for disability payments determined those medical conditions “could reasonably be expected to cause” disabling symptoms.

And then he denied Boatner’s appeal.

He concluded the Carthage man’s severe medical conditions failed to “meet or medically equal the criteria for any listed impairment,” despite the fact they had once landed him in hospice, a care facility designed to give supportive care to people in the final phase of a terminal illness.

Boatner didn’t die before getting his benefits, but that wasn’t the case for Phillip E. Herring of Tupelo.

Vonda Peters of Tupelo received her brother’s third denial letter in the mail the day after his funeral in July 2019. “I don’t normally cuss, but I thought, what the f---?” Peters said.

U.S. District Judge Carlton Reeves, in a ruling that eventually awarded Boatner disability benefits, pointed to a pervasive attitude among many administrative law judges to view applicants with skepticism, adding Boatner’s judge issued denials at a rate 25 percent higher than the national average.

“The injustices of the disability payment system are both many and deep,” Reeves ruled. “Research suggests the majority of denials may be incorrect, and applicants struggling to manage their disabilities say such denials can amount to a ‘death sentence.’” ...

In a May 11, 2018, ruling, Reeves posed the question: Did the administrative law judge review the evidence properly?

Reeves’ response: No.

In his blistering opinion, he detailed where each component of the disability process had failed Boatner before he then awarded the veteran truck driver his long-denied benefits.
Reeves turned his focus on the state agency acting on the Social, Security Administration’s behalf — Disability Determination Services. ...

n his ruling, Reeves described the “waiting” Boatner had to do, saying, “Boatner has spent nearly a decade seeking disability payments from the Social Security Administration, filing his last application in 2014. Despite acknowledging the severity of Boatner’s medical conditions and his trips to death’s doorstep, the Administration has denied each of his four applications. These denials have been painful. One caused Boatner to walk out of his house, put a gun to his head, and threaten to kill himself.” ...

In his ruling, Reeves took aim at the disability examiners and the administrative law judge that handled Boatner’s case, noting the ALJ had resolved more than 600 cases in 2016. Reeves also said examiners are not prepared to handle as many cases as SSA asks them to handle.

Mississippi DDS’ 111 examiners processed approximately 64,000 cases last fiscal year, according to Patti Patterson, regional communications director for the Atlanta regional office of the Social Security Administration. Caseloads per examiner range from 65-125 cases, said Chris Howard, head of the Department of Rehabilitation Services. ...

When To Reopen Social Security Field Offices? Union Says Never

     From Bloomberg Law:

Telework at the Social Security Administration is boosting call center answer rates and otherwise improving customer service, the leader of a union that represents about 25,000 field office and call center workers says.

The agency should allow employees to continue teleworking to the maximum extent possible even after the Covid-19 pandemic abates, said Ralph de Juliis, president of Council 220 of the American Federation of Government Employees. The union is asking the agency to consider a plan that would allow the SSA to close most of its 1,300 field offices in the U.S. and save hundreds of millions of dollars on facility costs, he said. Though the agency has clashed with its unions in the past over telework, de Juliis said he’s hopeful agency officials are seeing the benefits now that most employees are working from home. 

“If they want to go that way, they have the union’s support,” he said. ...