New Dismissal Procedures

      From the Social Security Administration:

... On August 31, 2020, we provided guidance to hearings offices that administrative law judges may resume issuing dismissals for late-filing of a hearing or failure to appear at a hearing.

To ensure hearing offices are appropriately issuing these types of dismissals (late filing or failure to appear at a hearing), hearing offices will now develop the record for good cause by issuing a Request to Show Cause for Late Filing or Failure to Appear notice. 

This added step provides one more opportunity, beyond our COVID-19 emergency procedures, for claimants to provide good cause for failure to meet filing deadlines or to appear at their telephone hearings.  In addition to this added step for late-filing/failure-to-appear dismissals, we have temporarily expanded our traditional in-line quality reviews of hearing dispositions to focus on ensuring that dismissals are policy-compliant.  ...

Ruth Bader Ginsburg: Former Social Security Employee

      From the History Channel:

... Ruth Bader married Martin David Ginsburg, whom she had met at Cornell, shortly after receiving her bachelor’s degree in 1954. She had her first child, Jane, in 1955. At the time, she worked at a Social Security office in Lawton, Oklahoma, near where her husband, who was in the U.S. Army, had been posted. She had been rated for a GS-5 job, but when she mentioned she was pregnant, she was given a GS-2 job as a typist. It was her first experience with on-the-job discrimination because of her gender. While working in the Social Security office, she also became aware of how hard it was for Native Americans to receive Social Security. Both forms of discrimination stuck with her and helped form the basis of her future career. ...

The RECAP Project

     Thousands of Social Security cases end up being appealed to the federal courts every year. One annoying aspect of practicing in the federal courts is the costs charged for the PACER system. It's the system for online access to court records. With PACER you often have to pay to get access to public records. My gut feeling is that this is wrong.

     Recently, I've discovered a worthy project to try to alleviate the PACER monopoly at least a little and Social Security attorneys can participate:

RECAP Project — Turning PACER Around Since 2009

RECAP is an online archive and free extension for Firefox and Chrome that improves the experience of using PACER, the electronic public access system for the U.S. Federal District and Bankruptcy Courts.

If you use PACER, install RECAP. Once installed, every docket or PDF you purchase on PACER will be added to the RECAP Archive. Anything somebody else has added to the archive will be available to you for free — right in PACER itself. ...

The Archives and APIs

Thanks to our users and our data consulting projects, the RECAP Archive contains tens of millions of PACER documents, including every free opinion in PACER. Everything in the archive is fully searchable, including millions of pages that were originally scanned PDFs.

Everything that is in the RECAP Archive is also regularly uploaded to the Internet Archive, where it has a lasting home. This amounts to thousands of liberated documents daily. ...

1.3% COLA?

      From CNBC:

... The Senior Citizens League is a nonpartisan advocacy group for older Americans and has a history of accurately forecasting the annual change. The group estimates that the Social Security COLA for 2021 could be about 1.3%.

That is less than the 1.6% adjustment made for 2020 and one of the lowest increases Social Security has ever had. ...

RIP RBG

 

    From the Los Angeles Times:

... Ginsburg became a counsel for the American Civil Liberties Union, and by 1972 led its Women’s Rights Project. She set out to change the court’s view of gender bias and its impact on women and men.

n. She did not rely on grand pronouncements about inequality or take on hot controversies such as abortion. Instead, she planned a careful, step-by-step approach to undercut sexist laws. She pressed a series of seemingly minor cases — often on behalf of men — that demonstrated gender discrimination hurt both men and women.

For example, the Social Security Administration at the time paid a survivor’s benefit to a widow after her husband died, but not to a widower whose wife had died. This might have been seen, at first glance, as a gender preference in favor of women. Ginsburg did not think so. When Stephen Wiesenfeld’s wife died during childbirth in 1972, he had to raise his son alone, and sued to obtain a survivor’s benefit from Social Security.

Ginsburg took the Wiesenfeld case to the Supreme Court and won a unanimous decision in 1975 holding this discrimination against widowers was unconstitutional. It was unfair to the surviving husband, but it was also unfair to the wife who had paid Social Security taxes at the same rate as men, but could not pass on the benefit to her surviving family. And it was unfair to their baby, who needed all the support his widowed father could obtain. ...

Social Security Subcommittee Hearing

      A press release:

House Ways and Means Social Security Subcommittee Chairman John B. Larson announced today that the Subcommittee will hold a hearing entitled “Save Our Social Security Now,” on Thursday, September 24, at 1:00 PM EDT.

This hearing will take place remotely via Cisco Webex video conferencing. Members of the public may view the hearing via live webcast accessible at the Ways and Means Committee’s website. The webcast will not be available until the hearing begins.

What:	Social Security Subcommittee Hearing entitled “Save Our Social Security Now”
When:	1:00 p.m. on Thursday, September 24, 2020
Where:	This hearing will take place remotely via Cisco Webex video conferencing.
Watch:	Livestream of the hearing can be viewed via live webcast accessible at the Ways and Means Committee’s website. The webcast will not be available until the hearing begins.

Expect Disability Claims And Expect That Social Security Will Turn Them Down

      From The City:

The illness was supposed to last for three weeks, doctors told her.

But weeks four through six of COVID-19 were the worst for Holly MacDonald. Her low-grade fever morphed into an all-around fatigue. She began having trouble speaking.

And when she stood up, her legs and feet turned purple.

“I’d walk too far and then I’d need to be in bed for three days,” said MacDonald, who is 29 and lives in Crown Heights. She had to take administrative leave from her job at a nonprofit where she builds social-media campaigns.

A month after getting sick in early March, MacDonald was back in the ER, frustrated as she tried to convince her doctors she was mired in her second month of what, she’d been told, was a three-week respiratory virus.

She’s still not fully recovered. MacDonald is one of upwards of 70,000 New Yorkers struggling with unexplained long-term symptoms of COVID-19, according to a range of estimates provided by several New York City-area doctors and hospitals contacted by THE CITY.

“The hidden number could be more,” said Dr. Zijian Chen, who directs Mount Sinai’s Center for Post-COVID Care. “We’re looking at patients who are still testing positive day to day, so this is a population that’s going to continue to grow.” ...

In some cases, patients say, their doctors don’t believe them. ...

These “long-COVID” cases, as the Mount Sinai center describes them, appear to occur randomly — there’s no demographic category that is more likely than another to be struck.

Patients come in reporting fatigue, shortness of breath and difficulty thinking clearly. In some cases, the symptoms arrived months after the worst of COVID illnesses were over. ...

     Note the part about "their doctors don't believe them." If physicians can't explain the reasons for a patient's symptoms, they tend to dismiss the symptoms as if they were imaginary. A few examples: post-polio syndrome, sero-negative rheumatoid arthritis, multiple sclerosis, interstitial cystitis, irritable bowel syndrome, fibromyalgia, complex regional pain syndrome, etc. Of course, by now many of these are taken seriously and some were taken seriously all along, such as MS, but there's no good way to tell from medical tests how badly the disease is affecting the sufferer. Social Security has historically just turned down disability claims filed by people with such problems for the most part. I expect the same for claimants with chronic health problems related to Covid-19. I hope the volume is small because I hope that given a little more time most people with these post-Covid-19 symptoms will get better but I'm really expecting a good number of these cases.. We'll see.

GAO Study Requested

      The Chairman of the House Social Security Subcommittee plus the Chairman of the Subcommittee having jurisdiction over the SSI program have asked the Government Accountability Office (GAO) to perform a study on service delivery at Social Security during the pandemic.

     That's fine but I'd prefer a hearing.