Jun 28, 2024

"I Never Inherited Anything"

Kristy Strong

     From Newsweek:

Kristy Strong, a 45-year-old disabled woman in Elizabeth City, North Carolina, was shocked when her Supplemental Security Income benefits were stopped in January. ...

"They claim I was overpaid," Strong told Newsweek. "I was sleeping behind dumpsters [and] eating out of trash cans, so I had nothing."

When Strong received the letter saying she owed the money, she immediately appealed and contacted legal counsel, but she said she has been waiting for a court date for more than six months, even though her lawyer told her the case has been expedited, she said. ...

Strong didn't even know what assets the SSA had been referring to but was informed the agency was under the impression that Strong had inherited property when her grandmother died in November 2021.

"I told them I did not," Strong said. "My grandma left everything to my aunt, who didn't have money to probate her will, and had asked me to sign a paper agreeing not to have to probate it. I never inherited anything."

She was told by Social Security she would have to prove she didn't own the property, despite it never being in her name. ...

"I wish people knew that real peoples' lives are at stake, and this isn't just a debate in an election year," Strong said. "So much more is at risk than votes."

Jun 27, 2024

Recent Posts On Frustrated Claimants Blog


     I also run a separate blog directed at Social Security disability claimants titled For The Frustrated Social Security Disability Claimant. Here are recent posts on that blog that might interest you.

House Appropriations Committee Draft Of FY 2025 Appropriations Bill


     The Republican majority of the House Appropriations subcommittee having jurisdiction over Social Security has released its version of an appropriations bill covering Social Security for Fiscal Year (FY) 2025, which begins on October 1 of this year. It provides for a $13.8 billion appropriation for Social Security's administrative expenditures. This is below the $14.1 billion that the agency has been allocated for the current FY.

    The President's proposed bill for FY 2025 contains $15.4 billion for Social Security.

    This can't get passed without the agreement of the Senate and the White House. Also, nothing is likely to be passed until after the new Congress begins just after New Year's Day in 2025. The new Congress may have different opinions about this appropriations bill.

Jun 26, 2024

Res Judicata Won't Apply To Denials Based Upon Ability To Perform Work Outside The New Five Year Time Period

     From Emergency Message EM-24028:

... We will not apply res judicata to bar readjudication of a previously adjudicated period when the prior final determination or decision finding the claimant not disabled is dated prior to June 22, 2024, if the prior adverse determination or decision found the individual could do:

    1. PRW [Past Relevant Work] at step four of the sequential evaluation process (SEP) and the PRW cited is not PRW under the PRW rule; OR
    2. Other work at step five of the SEP, work experience was material to the decision, and the individual’s work experience is different under the PRW rule.
When these criteria are met, we will not apply res judicata to deny a subsequent claim or dismiss a request for hearing on that claim. ...

    OK, now what about cases pending at the Appeals Council or federal court where there were denials based upon ability to perform other "jobs" that are now considered off limits because they don't really exist any more?

Jun 24, 2024

A Busy Saturday For Social Security

      It was a busy Saturday for Social Security. Yes, a busy Saturday!

     First, Social Security has added significantly more data to the online reports available to attorneys representing claimants at the initial and reconsideration levels. I have not tried it yet but early reports I have heard indicate that it’s a work in progress. Still, this holds out the prospect of two advantages. It gives attorneys easier access to information on the status of their clients’ cases. It cuts down on the number of calls to Social Security asking about case status.

     Second, Social Security issued two Emergency Messages on which jobs can be considered as alternative work a claimant can perform if he or she is unable to perform their past relevant work. In the more important of the Emergency Messages there is a list of jobs that cannot be considered absent “additional evidence” from a Vocational Expert:

DOT CodeDOT Occupational TitleDOT Industry Designation
209.587-010Addresserclerical
249.587-018Document Preparer, Microfilmingbusiness services
249.587-014Cutter-and-Paster, Press Clippingsbusiness services
239.687-014Tube Operatorclerical
318.687-018Silver Wrapperhotel and restaurant
349.667-010Host/Hostess, Dance Hallamusement and recreation
349.667-014Host/Hostess, Headamusement and recreation
379.367-010Surveillance-System Monitorgovernment services
521.687-010Almond Blancher, Handcanning and preserving
521-687-086Nut Sortercanning and preserving
726.685-010Magnetic-Tape Winderrecording
782.687-030Puller-Throughglove and mitten
976.385-010Microfilm Processorbusiness services

     In another Emergency Messages there’s this list of jobs that can no longer be considered at all:

DOT CodeDOT Occupational TitleDOT Industry Designation(s)
013.061-010AGRICULTURAL ENGINEERprofessional and kindred occupations
013.061-014AGRICULTURAL-RESEARCH ENGINEERprofessional and kindred occupations
013.061-018DESIGN-ENGINEER, AGRICULTURAL EQUIPMENTprofessional and kindred occupations
013.061-022TEST ENGINEER, AGRICULTURAL EQUIPMENTprofessional and kindred occupations
021.067-010ASTRONOMERprofessional and kindred occupations
029.067-010GEOGRAPHERprofessional and kindred occupations
029.067-014GEOGRAPHER, PHYSICALprofessional and kindred occupations
045.061-014PSYCHOLOGIST, ENGINEERINGprofessional and kindred occupations
045.107-030PSYCHOLOGIST, INDUSTRIAL-ORGANIZATIONALprofessional and kindred occupations
052.067-014DIRECTOR, STATE-HISTORICAL SOCIETYprofessional and kindred occupations
052.067-018GENEALOGISTprofessional and kindred occupations
052.067-022HISTORIANprofessional and kindred occupations
052.067-026HISTORIAN, DRAMATIC ARTSprofessional and kindred occupations
052.167-010DIRECTOR, RESEARCHmotion picture; radio and television broadcasting
072.101-018ORAL AND MAXILLOFACIAL SURGEONmedical services
072.101-034PROSTHODONTISTmedical services
193.162-022AIRLINE-RADIO OPERATOR, CHIEFair transportation; business services
193.262-010AIRLINE-RADIO OPERATORair transportation; business services
193.262-014DISPATCHERgovernment services
193.262-022RADIO OFFICERwater transportation
193.262-026RADIO STATION OPERATORaircraft manufacturing
193.262-030RADIOTELEGRAPH OPERATORtelephone and telegraph
193.262-034RADIOTELEPHONE OPERATORany industry
193.362-010PHOTORADIO OPERATORprinting and publishing; telephone and telegraph
193.362-014RADIO-INTELLIGENCE OPERATORgovernment services
193.382-010ELECTRONIC INTELLIGENCE OPERATIONS SPECIALISTmilitary services
203.562-010WIRE-TRANSFER CLERKfinancial institutions
235.462-010CENTRAL-OFFICE OPERATORtelephone and telegraph
235.562-010CLERK, ROUTEtelephone and telegraph
235.662-018DIRECTORY-ASSISTANCE OPERATORtelephone and telegraph
236.562-010TELEGRAPHERrailroad transportation
236.562-014TELEGRAPHER AGENTrailroad transportation
237.367-034PAY-STATION ATTENDANTtelephone and telegraph
239.382-010WIRE-PHOTO OPERATOR, NEWSprinting and publishing
297.667-014MODELgarment; retail trade; wholesale trade
299.647-010IMPERSONATOR, CHARACTERany industry
305.281-010COOKdomestic service
338.371-010EMBALMER APPRENTICEpersonal service
338.371-014EMBALMERpersonal service
379.384-010SCUBA DIVERany industry
410.161-010ANIMAL BREEDERagriculture and agricultural service
410.161-014FUR FARMERagriculture and agricultural service
410.161-018LIVESTOCK RANCHERagriculture and agricultural service
410.161-022HOG-CONFINEMENT-SYSTEM MANAGERagriculture and agricultural service
411.161-010CANARY BREEDERagriculture and agricultural service
411.161-014POULTRY BREEDERagriculture and agricultural service
413.161-014REPTILE FARMERagriculture and agricultural service
452.167-010FIRE WARDENforestry
452.367-010FIRE LOOKOUTforestry
452.367-014FIRE RANGERforestry
455.367-010LOG GRADERlogging; sawmill and planing mill
455.487-010LOG SCALERlogging; millwork, veneer, plywood, and structural wood members; paper and pulp; sawmill and planing mill
519.684-010LADLE LINERfoundry; smelting and refining
519.684-022STOPPER MAKERblast furnace, steel work, and rolling and finishing mill
579.664-010CLAY-STRUCTURE BUILDER AND SERVICERglass manufacturing
661.281-010LOFT WORKERship and boat manufacturing and repairing
661.281-018PATTERNMAKER APPRENTICE, WOODfoundry
661.281-022PATTERNMAKER, WOODfoundry
661.380-010MODEL MAKER, WOODany industry
690.682-078STITCHER, SPECIAL MACHINEboot and shoe
690.682-082STITCHER, STANDARD MACHINEboot and shoe
690.685-494STITCHER, TAPE-CONTROLLED MACHINEboot and shoe
693.261-018MODEL MAKERaircraft-aerospace manufacturing
714.281-010AIRCRAFT-PHOTOGRAPHIC-EQUIPMENT MECHANICphotographic apparatus and materials
714.281-014CAMERA REPAIRERphotographic apparatus and materials
714.281-018MACHINIST, MOTION-PICTURE EQUIPMENTmotion picture; photographic apparatus and materials
714.281-022PHOTOGRAPHIC EQUIPMENT TECHNICIANphotographic apparatus and materials
714.281-026PHOTOGRAPHIC-EQUIPMENT-MAINTENANCE TECHNICIANphotographic apparatus and materials
714.281-030SERVICE TECHNICIAN, COMPUTERIZED-PHOTOFINISHING EQUIPMENTphotofinishing
715.281-010WATCH REPAIRERclocks watches, and allied products
715.281-014WATCH REPAIRER APPRENTICEclocks, watches, and allied products
715.381-010ASSEMBLERclocks, watches, and allied products
715.381-014ASSEMBLER, WATCH TRAINclocks, watches, and allied products
715.381-018BANKING PIN ADJUSTERclocks watches, and allied products
715.381-022BARREL ASSEMBLERclocks, watches, and allied products
715.381-026BARREL-BRIDGE ASSEMBLERclocks, watches, and allied products
715.381-030BARREL-ENDSHAKE ADJUSTERclocks, watches, and allied products
715.381-038CHRONOMETER ASSEMBLER AND ADJUSTERclocks, watches, and allied products
715.381-042CHRONOMETER-BALANCE-AND-HAIRSPRING ASSEMBLERclocks, watches, and allied products
715.381-054HAIRSPRING ASSEMBLERclocks, watches, and allied products
715.381-062HAIRSPRING VIBRATORclocks, watches, and allied products
715.381-082PALLET-STONE INSERTERclocks, watches, and allied products
715.381-086PALLET-STONE POSITIONERclocks, watches, and allied products
715.381-094WATCH ASSEMBLERclocks, watches, and allied products
715.584-014REPAIRER, AUTO CLOCKSclocks, watches, and allied products
715.681-010TIMING ADJUSTERclocks, watches, and allied products
761.381-014JIG BUILDERwooden container
788.684-114THREAD LASTERboot and shoe
826.261-010FIELD-SERVICE ENGINEERphotographic apparatus and materials
841.381-010PAPERHANGERconstruction
841.684-010BILLPOSTERbusiness services
849.484-010BOILER RELINER, PLASTIC BLOCKfoundry
850.663-010DREDGE OPERATORconstruction; coal, metal, and nonmetal mining and quarrying
861.381-046TERRAZZO WORKERconstruction
861.381-050TERRAZZO-WORKER APPRENTICEconstruction
861.664-014TERRAZZO FINISHERconstruction
899.261-010DIVERany industry
899.684-010BONDACTOR-MACHINE OPERATORfoundry
910.362-010TOWER OPERATORrailroad transportation
910.363-018YARD ENGINEERrailroad transportation
910.382-010CAR-RETARDER OPERATORrailroad transportation
910.583-010LABORER, CAR BARNrailroad transportation
910.683-010HOSTLERrailroad transportation
910.683-022TRANSFER-TABLE OPERATORrailroad equipment building and repairing; railroad transportation
911.663-010MOTORBOAT OPERATORany industry
919.663-014DINKEY OPERATORany industry
919.683-010DOCK HANDair transportation
919.683-026TRACKMOBILE OPERATORany industry
930.683-026ROOF BOLTERcoal, metal, and nonmetal mining and quarrying
952.362-022POWER-REACTOR OPERATORutilities
960.362-010MOTION-PICTURE PROJECTIONISTamusement and recreation; motion picture
960.382-010AUDIOVISUAL TECHNICIANany industry
961.367-010MODEL, PHOTOGRAPHERS'any industry
961.667-010MODEL, ARTISTS'any industry

     I’m not completely sure about this second list. There aren’t terrazzo finishers or artist’s models anymore? I don’t see being an artist model as a career, however. Aren’t there still embalmers these days?  None of this matters except in rare cases, however.

Jun 21, 2024

Jingle Bells, Jingle Bells


     It's June 21. Social Security is today demanding that I tell them which days I'm available for hearings in December. That's more than six months off. They haven't started scheduling for October but if I delay giving them an answer, they'll just assume I've available the whole month and won't let me update it later. 

    Have you decided what days you're going to take off around Christmas? 

     Is it just me or does this seem bizarre, almost abusive? It's certainly unnecessary.

Jun 20, 2024

Field Offices Workloads

     Below is an illustration from the testimony of Katherine Zuleger of Wausau , WI. President, Chicago Social Security Management Association, Executive Committee Member, National Council of Social Security Management Associations to the Senate Finance Committee on June 18, 2024 on Work and Social Security Disability Benefits (I can't help thinking that some of this looks like an illustration from a sex education textbook!):

Click on image to view full size


Here are what those acronyms mean, as best I know them:
  • AUX -- Auxiliary claims, such as child claims
  • CDR -- Continuing Disability Review
  • CO -- Central Office 
  • CSNO -- Centralized Special Notice Option (I don't know what that is.)
  • ERPA -- Electronic Representative Payee Annual report
  • GI -- I think General Information in this context
  • MDW -- Modernized Development Worksheet
  • MNUP -- Medicare Non-Utilization Project (to determine why an elderly person isn't using Medicare -- like maybe the person is dead.)  
  • PSC -- Program Service Center -- where Title II benefits are computed, among other things
  • RO -- Regional Office    
  • RPMT --  ?
  • TSC -- Teleservice Center -- where they answer most telephone calls to the 800 number