Sep 30, 2024

CDRs To Resume

     Social Security is resuming Continuing Disability Reviews (CDRs) in October for the new federal fiscal year. The CDRs had been suspended due to the huge backlog of cases awaiting a decision on initial claims. Resuming CDRs is likely to slow down Disability Determination Services (DDS) work on initial claims.

Sep 29, 2024

Listen To The Voters

      From a Data For Progress poll:


What 



Sep 26, 2024

WEP And GPO Tactics Raise Concerns Among Republican Legislators

     From The Hill:

A group of House Republicans is making a rare move that would force a vote on a bill to reform aspects of Social Security, stirring unrest in the conference.

The bill at the heart of the push, also dubbed the Social Security Fairness Act, seeks to do away with the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO), a proposal that backers on both sides of the aisle argue is long overdue.

The bill enjoys support from more than 100 House Republicans, and almost four dozen have cosigned the effort to use what’s known as a discharge petition to force consideration of the bill — and the strategy is rubbing some in the conference the wrong way.

“In a well-run Congress, no legislator signs a discharge petition if you’re a majority. That is a rule that is never broken,” Rep. Glenn Grothman (R-Wis.) told The Hill. “And the fact that 47 of my colleagues signed a discharge petition shows that we have an utter lack of discipline.” ...

Republicans say the matter was a topic of debate in a conference meeting earlier this week. ...

    Regardless of the House vote, it's very unlikely that this legislation will be voted on in the Senate.

...


Sep 25, 2024

I Don't Understand

     I recently received the message reproduced below. I'm sure that other attorneys who represent claimants have received the same message.

    It sounds as if I and my firm need to file new forms SSA-1694 (registration of law firm or other entity) and SSA-1699 (registration of individual attorney or representative) and need to start using a new form SSA-1696 (appointment of representative). The thing is that when I look online for these new forms, all I find are old versions of the forms. Does Social Security intend to issue new versions of these forms? Why would they send out a mass e-mail like this when they haven't completed the new forms yet?

    When I think about the "changes" that have been announced, I can't figure out why new forms would be required anyway since the "changes" seems to amount to little more than lip service to a federal court decision.

social security administration

Changes to Rules for Claimant Representation and Provisions for Direct Payment to Entities

On August 21, 2024, we published a final rule, Changes to the Administrative Rules for Claimant Representation and Provisions for Direct Payment to Entities, in the Federal Register. We’ve made changes to our regulations to allow representatives of Social Security claimants to assign direct payment of their authorized fees to an entity with which they are affiliated. We will implement this final rule in two phases. To learn more about both phases, including requirements for representatives and entities, please visit our webpage: https://www.ssa.gov/representation/2024NewRule.htm. Here are some key changes:  

  • Starting September 30, 2024, anyone who has not previously registered with us and who wants to be appointed as a representative must register with us using Form SSA-1699 (Representative Registration) before we will recognize a new appointment request.   
  • Starting December 9, 2024, representatives must use Form SSA-1696 (Claimant’s Appointment of a Representative) for new or updated appointments.   
  • Starting December 9, 2024, consistent with Marasco & Nesselbush, LLP v. Collins, 6 F.4th 150 (1st Cir. 2021), we will directly pay authorized fees to a registered entity when a representative assigns direct payment of their fee to that entity.      

Generally, for direct payment to an entity:   

  • The entity must register with us using our revised Form SSA-1694 (Entity Registration and Taxpayer Information).    
  • The representative must register with us and affiliate with the entity using Form SSA-1699 (Representative Registration).   
  • The representative must assign direct payment of the fee to the entity using the revised Form SSA-1696 (Claimant’s Appointment of a Representative).    
  • The representative and the entity must both be eligible for direct payment.   

Please share this information with other interested parties. We appreciate your support.   

Sep 24, 2024

John Oliver On Social Security Disability


     I've found a video of that John Oliver piece on Social Security disability. I can't say whether this is an excerpt or the whole thing.

    By the way, I wish I could set this up so you click on the image on the left and you go directly to the video but Blogger doesn't make it that easy.

John Oliver Segment Segment On Social Security Budget; Also "Tackling That Outdated Occupations List"

     A couple of tweets from the Commissioner of Social Security (emphasis added):

I want to thank @iamjohnoliver @LastWeekTonight for calling out the crucial need for more staffing + funding @SocialSecurity
 
In the 9 months I've been serving, @SocialSecurity has made good progress to improve our disability programs but - as you noted - we need more Congressional support and partnership. By the way, we're tackling that outdated occupations list.

    Did anyone catch that John Oliver segment?

Sep 23, 2024

No Anomaly For SSA

    The federal fiscal year ends on September 30. Without some sort of appropriation bill passed before then, there will be a federal government shutdown on October 1. Usually, a continuing resolution (CR) is passed which allows the government to keep functioning based upon the prior year's rate of spending. Every year "anomalies" are added to the CR allowing additional funding for some functions. The Biden Administration has sought an "anomaly" to give additional funding to the Social Security Administration. The CR which has been agreed to contains no "anomaly" for Social Security. This is not good for now and portends an inadequate regular appropriation.  Social Security has been an agency which appears to have been disfavored by appropriators for many years.