Jul 17, 2024

Recent Posts On Frustrated Claimants Blog


     My firm now has a second blog and it's directed at claimants rather than Social Security professionals. Take a look. Tell any claimants you know to take a look. Here are some recent posts on the For The Frustrated Social Security Disability Claimant blog:

New Emergency Message On Collateral Estoppel

     From Emergency Message EM-24033 Disability Collateral Estoppel Policy – Change of Position

This emergency message (EM) announces the agency’s change of position (CoP) on the use of collateral estoppel to adopt prior disability determinations and decisions. ...

Beginning 7/13/2024, we will adopt our prior favorable finding of disability in a subsequent claim by the same individual for a different disability benefit or SSI payments if, in our prior final determination or decision, we have already decided that the individual is disabled for the period in question and all of the following criteria are met:


    1. Both the prior determination or decision and new claim require application of the same statutory definition of disability.

    2. We have not made an intervening medical determination or decision finding that the individual’s disability ceased.

    3. The individual has not engaged in substantial gainful activity since the prior established onset date (EOD).

    4. The EOD in the prior claim is on or before the date when the nonmedical requirements for entitlement are last met in the new claim.

    5. The record with the prior favorable disability determination or decision is not in terminated status.

    6. We do not have reason to believe that the prior disability determination or decision was wrong. ...

     I don't have the energy today to try to explain the concept of collateral estoppel in the Social Security world. If you don't already know you probably aren't interested in this change anyway. I'll just say that this is a modest change that helps a few claimants and which saves some work at Social Security. I never knew any reason why the policy was changed before other than generalized hostility to Social Security disability claimants.

Jul 16, 2024

You Can Do Your Business With Social Security By Video -- If You Can Get Through To Them By Phone.

     You can now schedule a video conference with Social Security to discuss your business with the agency. The big catch is that you have to call Social Security to schedule the video conference. As you may have heard or experienced, that's hard to do.

Jul 15, 2024

Milwaukee Field Office Closed For Republican Convention

     A television station in Milwaukee reports that "The Social Security Administration field office in downtown Milwaukee will be temporarily closed to the public during the Republican National Convention – Monday, July 15 through Friday, July 19."

Extension Of eSignature

     From what must be a press release:

... SSA recently released the eSignature/Upload Documents initiative nationwide. This end-to-end secure service allows customers to electronically submit some frequently used forms, such as appeal requests (SSA-501 and SSA-561) and waiver of overpayment recovery (SSA-632). Customers can also submit evidence, including the VA Disability Rating Verification, medical and school records, bank statements, tax forms and many more.

Social Security employees initiate the request by sending an email to customers with the required form. In turn, customers review the request, electronically complete, then sign the form (if a signature is required) and submit directly to SSA. ...

    I guess they must be going nationwide for what had earlier just been an experiment in the Boston region. Why does this have to be initiated by a Social Security employee?

Jul 14, 2024

Online Accounts Changing


     From a press release:

Today the Social Security Administration announced that customers who created an online account (e.g., my Social Security account) before September 18, 2021, will soon be required to transition to a Login.gov account to continue access to their online services. Over five million of these account holders have already transitioned to Login.gov.

The agency is making the changes to simplify the sign-in experience and align with federal authentication standards while providing safe and secure access to online services. ...


Jul 13, 2024

This Has Only Limited Relevance To Social Security But It's Wild

 


    From a press release:

Richard Louis Crosby III, 37, of Mason, Ohio, pleaded guilty to three counts of Social Security number fraud. His plea agreement includes a sentence recommendation of 37 months in prison.

At various times throughout his scheme, Crosby used identifying information belonging to his elderly father, his girlfriend, a deceased man and others. He falsely told at least one law firm that he was a University of Michigan football player and an ex-Marine. ...

In both June and November 2021, Crosby was indicted and charged in Hamilton County with crimes related to stealing client funds. After his indictments, the U.S. District Court for the Southern District of Ohio entered an order disbarring Crosby.

In May 2022, Crosby was arrested in both of his Hamilton County cases. He was sentenced to probation in both cases in June 2023.

According to his federal plea agreement, while Crosby’s local cases were pending, he created an email account using “richardcwilliamsesq.” Crosby used the email address and the alias Richard Williams to communicate with a law firm in Washington D.C. in June 2021. The firm briefly employed “Williams.”

In June 2022 – at which point Crosby had been disbarred in Ohio and arrested on the Hamilton County charges – Crosby used his alias to apply online for an attorney position with a law firm in California. The firm offered Crosby a position as an associate attorney with a salary of $150,000. The defendant was employed under his alias for approximately three months and used a firm email address with his alias name.

In September 2022, Crosby used his alias to apply for an attorney position with a law firm based in Miami, Florida. Crosby met with a recruiter via Zoom, and represented himself as Richard Williams, a licensed attorney admitted to the bar in New York and D.C.

Crosby then met with one of the firm’s hiring managers in Florida and was ultimately offered employment in October 2022. His starting salary was $185,000 per year with a $5,000 signing bonus. Crosby used his girlfriend’s Social Security number, passport number and banking information to complete his onboarding paperwork at the law firm. ...

In July 2023, Crosby interviewed with the founding partner of a different California law firm. He also falsely claimed to work at the law firm of Kirkland and Ellis. After the founding partner asked Crosby to verify with whom he worked with at Kirkland and Ellis, Crosby withdrew his interest in the job.

A few days later, Crosby again used the alias to attempt to obtain employment. He interviewed over Zoom with senior management of a law firm located in Coral Gables, Florida. Crosby doctored a “screen shot” of the name Richard Coleman Williams Jr. in the online D.C. bar membership directory to attach with his resume.

The firm offered Crosby a starting salary of $195,000 per year with a $10,000 signing bonus, but eventually determined Crosby was using a false identity and did not hire him.

In August 2023, the defendant applied for a job at another law firm. The firm, located in Michigan, sent Crosby a letter offering a salary of $145,000 per year and a $10,000 signing bonus. When his credential information had discrepancies, the firm terminated their working relationship before issuing Crosby’s first paycheck.

In September 2023, one month prior to his arrest on federal charges, Crosby used a different alias to apply for a job at another law firm in California. He claimed that he was a University of Michigan football player and an ex-Marine.  Crosby was hired as an attorney at a salary of $250,000 per year. He used the Social Security number of a deceased man from North Carolina in his tax paperwork to the firm. ...

    This has the feel of a guy suffering from bouts of mania associated with bipolar disorder.

Jul 12, 2024

New Policy For Reopening Due To New Five Year Past Relevant Work Standard

     From Emergency Message EM-24023

Beginning June 22, 2024, adjudicators will reopen a prior final agency determination or decision based on the PRW CoP [Past Relevant Work Change Of Policy] if the application of the PRW rule at the time of the prior determination or decision would have resulted in a more favorable determination or decision. 

All of the following conditions must be met to reopen based on the PRW CoP: 

  • The claimant or SSA/Disability Determination Services (DDS) (or both) questioned the determination or decision in writing within one year of the date of the notice of the initial level determination on the prior claim. 
  • The questioning occurred after, or was pending as of, June 22, 2024. 
  • The prior claim was denied at step four or five. 
  • The denial depended on a finding that the person had PRW that was last done more than 5 years earlier, transferrable skills from PRW that was last done more than 5 years earlier (without continuity of skills to PRW within 5 years of the prior determination, see DI 25005.015C), or PRW that started and stopped in fewer than 30 calendar days. 
  • A revised determination or decision applying the current rules (PRW rule) would be more favorable to the claimant than the prior final determination or decision that would be reopened. ... 

What do we mean by questioning the prior final agency determination or decision in writing?

We consider the claimant or SSA/DDS to have questioned the prior final determination or decision in writing if one or more of the following conditions exist: 

  •  The claimant files a written request to reopen the prior final determination or decision. 
  • The claimant files a new claim alleging disability began in the period adjudicated in the prior final determination or decision (implied request for reopening). 
  • The claimant files a new claim and the adjudicator, on the adjudicator’s own initiative, finds the reopening conditions above are met.
  • SSA or the DDS questions the prior final determination or decision meeting the reopening conditions above. ...

    I don't see anything in Social Security's statutes or regulations requiring that reopening must be requested within one year of a prior determination. The standard is four years for Title II and two years for SSI. This dramatically limits the effect.