For The Frustrated Social Security Disability Claimant

     My partner and I continue posting on our firm's separate blog directed at a different audience -- For The Frustrated Social Security Disability Claimant. Take a look at these recent posts on that blog:

• Non-Disability Social Security Appeals -- Overpayments

• Non-Disability Appeals -- Presumption Of Death

• Foot Problems And Social Security Disability

• Do I Have To Hire A Lawyer To Get Social Security Disability? And What Does This Have To Do With Marshmallows?

• Can I Be Found Disabled Because Of A Bad Knee?

• Why You Probably Can't Get Temporary Disability Benefits From Social Security

• Social Security Disability For Ankle Injuries

• Hip Pain And Social Security Disability

• Pain

• Tinnitus

• Neck Pain

  Social Security Disability And Child Support

 

 

 

 

 

 

Disability Examiners Getting Authority To Issue Allowances Without Medical Consultant Input

      From Emergency Message EM-25009 issued last Friday:

This emergency message (EM) provides the Disability Determination Services (DDS) and federal disability adjudicating components with disability case processing guidance for Disability Examiner Decisional Authority (DEDA). DEDA will temporarily allow qualifying disability examiners to make fully favorable disability determinations in adult cases based on physical impairments alone without medical review by medical consultants (MC), but with the flexibility to consult with an MC at the disability examiner’s discretion. 

These temporary instructions apply to initial level claims, including initial-level claims pending at the DDS and federal disability case processing sites (DPB, DPU, etc.).

The Social Security Administration (SSA) faces unprecedented initial disability claims backlogs surpassing the 1.12 million case mark, resulting in high average processing times and claimant wait times. A contributing factor to the increase in average processing time is the general requirement that qualified physicians, psychiatrists, and psychologists (referred to in our policy as medical consultants (MC) and psychological consultants (PC)) complete the medical review of all initial level disability determinations combined with an insufficient number of MCs and PCs. See Section 221(h).…. 

     If this issue comes up in your confirmation hearing, Frank Bisignano, what say you?

New Acting Commissioner

     Social Security’s organization chart now shows Michelle King as Acting Commissioner.

Inauguration Day

 

Good Luck Implementing This

      From the New York Times:

The U.S. government will no longer recognize the citizenship of children born in the United States to immigrants who lack legal status, one of 10 immigration-related executive orders President-elect Donald Trump plans to sign Monday, an incoming administration official told reporters. 

     I can think of no immediate way to implement this other than by refusing to issue Social Security numbers to the children of those who lack legal status. Of course, Trump and his aides may not have thought that far ahead.

     This is blatantly unconstitutional. 

Republicans Have Big Plans To Cut SSI

    Punchbowl News has obtained a list of options prepared by Republicans for a major budget reconciliation bill this year. There's nothing in it for Title II of the Social Security Act but plenty for Title XVI -- SSI. Here they are:

• ... Under current law, SSA is not required to verify financial accounts of SSI applicants and recipients who allege ownership of resources valued at less than $400. A recent SSA-OIG report concluded that this practice led to incorrect resource determinations, resulting in 198,960 recipients receiving $718 million in SSI payments for which they were not eligible. This policy option would lower the $400 resource-level tolerance to $0 and require SSA to validate the financial accounts of all SSI applicants and recipients, strengthening program integrity and reducing improper payments. ...
• Children under 18 may qualify for SSI if they are disabled and their household has limited income and resources. This policy option would condition SSI benefits for qualified children under the age of 18 on school attendance. ...
• SSI, unlike other welfare programs, does not pay benefits on a sliding scale. Recognizing household economies of scale, this reform (based on a CBO budget option) converts SSI payments to a sliding scale. The sliding scale formula would be (as per the CBO budget option and proposed by the 1995 National Commission on Childhood Disability): SSI federal payment rate multiplied by the number of child recipients in the family and raised to the power of 0. ...
• Deny SSI to Those with Felony Arrest Warrants -- In addition to being an important program integrity measure, this policy option would help restore the original intent of PRWORA to discontinue SSI benefits for individuals who are ‘‘the subject of an arrest warrant’’ compared to the previous language of ‘‘fleeing to avoid’’ arrest. It would also have the added benefit of helping law enforcement find criminals who have been evading the law. ...
  

Waiting In Virginia

      From WTVR in Richmond, VA:

For the past year, Lowrine Ford's pain has only gotten worse.

"It's hard. I'm in pain all the time," she said. "I sleep about three hours a night because I'm hurting all the time. My feet, my legs stay swollen. I can't hardly walk at times. I'm in so much pain."

Rheumatoid arthritis causes her joints to swell, burn, and ache, making her job as a home health aide — where she is constantly on her feet — nearly impossible.

And for the better part of a year, she has been waiting to hear from the Social Security Administration (SSA) whether she qualifies for disability benefits.

She is near despair. ..

“It's very hectic. I had been calling them for months and months. But every time I call, they tell me — this computer comes on and says, 'We're not accepting calls today. Call back another day,'" she said.

On top of the difficulty in finding someone to help her, the SSA has sent her conflicting signals.

"Then finally, when I do call back, and actually get somebody, they tell me that, on August the 23rd of last year, I was denied," Ford said. "And so they say I was denied, but I didn't get any kind of paperwork or anything saying that I was denied."

But while Ford never got documentation from the SSA about her denial, her online account continued to show a different story.

"They had I was in 'Phase Three,'" Ford said. "They were reviewing my medical history. And then after all of this, it goes to 'Phase Four.' Now it's back on 'Phase Three' again. So I really don't know what to do. I'm very confused, to be honest with you.” …

Estes Named Chairman Of House Social Security Subcommittee

     Ron Estes (R-KS) has been named Chairman of the House Social Security Subcommittee. Here's his statement on his new position:

Too many Americans have had difficulties with the Social Security Administration, including improper payments, missed payments, filing issues and other customer service failings,” said Social Security Subcommittee Chairman Estes (KS-04). “As our subcommittee convenes, I look forward to providing greater oversight of the SSA and addressing process improvements while working to ensure frontline employees are back in the office. I’m honored to lead the Social Security Subcommittee for the 119th Congress and to foster meaningful, robust discussion to preserve and protect the benefits of current, near and future retirees.