IG

According to the Inspector General…

Here’s a brief rundown of two recent reports from the Social Security Administration’s (SSA) Office of the Inspector General (OIG): one about the Appeals Council (AC) and one about claimant representatives at the state level. The AC Report: The report addressed the AC’s efforts to streamline and expedite how it processes requests for review (R/R) and general processing times. The report found that, while Administrative Law Judge (ALJ) dispositions have increased over the last 7 years (a positive step towards expediting the processing times and reducing the pending R/R backlog) so have the overall number of cases and length of… Learn More

Ranking Protocols for Hearing Offices

The Social Security Administration’s (SSA) Office of Inspector General (OIG) has been helping the Office of Disability Adjudication and Review (ODAR) develop ranking protocols for SSA Hearing Offices based on Administrative Law Judge (ALJ) performance. The OIG began by conducting a pilot study of hearing office performace based on 5 markers (“risk factors”) of Administrative Law Judge (ALJ) performance. The 5 risk factors the OIG used were: ALJ dispositions, ALJ on-the-record (OTR) decision numbers, ALJ allowance rates, ALJ processing times (average), and ALJ dismissal numbers. The OIG then asked the SSA to decide if the methodology of the study and… Learn More

House Hearings on Social Security Administration (SSA) Disability Programs Continue

On November 19th, the House Subcommittee on Energy Policy, Health Care, and Entitlements held another hearing on the SSA’s disability programs. Both Subcommittee members and SSA personnel were present at the hearing. The hearing dealt with a variety of issues facing the SSA. What follows is a list of just a few noteworthy items discussed in the hearing: -The SSA Inspector General (IG) noted that allowance and denial data suggest that the SSA’s ALJs have demonstrated increasing consistency in decision making. -Subcommittee members suggested appointing a federal government representative to be present at SSA hearings in order to represent taxpayers;… Learn More

Symptom Validity Tests (SVTs)

A Symptom Validity Test (SVT) is a neuropsychological test that helps clinicians and evaluators determine the legitimacy of a patient’s symptoms by establishing to what extent, if at all, a patient is faking or exaggerating symptoms (also known as malingering). The Social Security Administration (SSA) does not encourage the use of SVTs in the disability determination process, as it feels the tests do not yield enough evidentiary value. The SSA sent out a letter to all of its Disability Determination Services (DDS) personnel regarding the use of SVTs. The letter states: You cannot prove malingering with tests; there is no… Learn More

Seventy-five Arrested and Charged in Puerto Rican Social Security Fraud

In August of 2013, 3 doctors, one former Social Security Administration (SSA) claims representative acting as a non-attorney claimant representative, and 71 Social Security Disability Insurance (SSDI) beneficiaries were indicted on charges of Social Security fraud in Puerto Rico. According to the indictment, the doctors, the claimant representative, and the beneficiaries worked together to falsify and submit claims for SSDI benefits. Allegedly, the doctors were paid per case, and the claimant representative received a percentage of past due benefits awarded to the beneficiaries. In September of 2013, the House Ways and Means Social Security Subcommittee held a hearing on the… Learn More

The Social Security Administration (SSA) Revisits its Policy on “Administrative Finality”

The SSA is asking for public input regarding whether or not it should reopen the discussion about its “administrative finality” policies. “Administrative finality” refers to the limited circumstances under which the SSA can revisit and alter closed (final) disability determinations. The SSA’s request for public input on its policies comes after a report by its Inspector General (IG) criticizing the Administration’s “administrative finality” regulations. The IG’s report suggests that the existing protocols do not allow the SSA sufficient latitude for reopening and correcting final disability decisions that may have resulted in – and continue to result in – improper payments… Learn More

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The National Advocates organization is pleased to announce that Mr. Fred Fleming has been selected for inclusion into its Social Security Disability Law specialty, an honor given to only a select group of lawyers as recognition of their superior skills and qualifications in the field.

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