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Social Security Administration

An Update from the Office of Disability Adjudication and Review (ODAR)

At a recent conference, Glenn Sklar, the Deputy Commissioner of the Social Security Administration’s (SSA) ODAR provided some updates on the functionality of hearing offices (HOs) across the country. According to Sklar, between 2009-2011, a larger budget allowed ODAR to hire thousands of new support staff members and over 850 Administrative Law Judges (ALJs). The result of this was a nearly 150-day decrease in an average processing times by the end of 2012. That improvement, however, has been short lived, as budget shortages in the past few years have caused processing times to climb once again. The average is currently… Learn More

New Ruling on Chronic Fatigue Syndrome (CFS)

As of April 3, 2014, the Social Security Administration (SSA) instituted a new ruling on CFS, which includes updates and revisions based on CFS developments that have happened in the past decade and a half. What follows is a brief rundown of the new ruling. Part I of the ruling outlines the 1994 Centers for Disease Control (CDC) definition and symptoms of CFS, but adds that malaise lasting more than 24 hours after exertion is often the most common secondary symptom. Part I also adds other symptoms that a CFS sufferer may present with. These include: breathing difficulties, cardiovascular abnormalities,… Learn More

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

Improving the Disability Process

Earlier this year, the House Oversight and Government Reform Subcommittee on Energy Policy, Health Care, and Entitlements convened for a hearing on improving the disability process. On the panel of witnesses present were representatives from the Social Security Administration (SSA), the Government Accountability Office (GAO), and the National Association of Disability Examiners (NADE). Much of the hearing focused on the importance of Continuing Disability Reviews (CDRs)—specifically on the importance of the CDR as return on taxpayer investment, a money-saving tool, and on the current CDR backlog, which is somewhere around 1.3 million. Medical improvement standards were another of the issues… Learn More

Proposed Changes Neurological Listings and HIV Infection Listings in the Listing of Impairments

The neurological listings and the HIV infection listings in the Listing of Impairments are about to undergo updates consistent with changes in language, medical science, and Social Security Administration (SSA) policy. The Social Security Administration (SSA) has proposed the following changes to the neurological listings, which have not changed since 1985: expand the introductory text (which explains the disorders in depth), shorten the listings themselves and direct readers to the detailed explanations in the introductory text, and address functional limitations specific to each listing. Epilepsy and multiple sclerosis are slated to undergo some of the more extensive changes in the… Learn More

New Bill May Help Fight Disability Fraud

On February 26, 2014, the House Committee on Ways and Means Social Security Subcommittee convened to discuss ways of preventing Social Security disability fraud. The hearing included several panels featuring a variety of witnesses from the Social Security Administration (SSA), the Unum Group, and the National Academy of Public Administration, among others, who testified to the problem of disability fraud and spoke about current and in-development fraud prevention efforts by the SSA. The centerpiece of the hearing, however, was Ranking Committee Member Xavier Becerra’s (D-CA) H.R. 4090, “The Social Security Fraud and Error Prevention Act of 2014.” The bill is… Learn More

Eligible Veterans Enjoy Expedited Disability Claims Processing

As of March 17, 2014, veterans meeting certain criteria now qualify for expedited disability claims processing. In order to be eligible, a veteran must be receiving official VA service-related benefits and have a 100% “Permanent and Total” VA disability rating. However, veterans meeting the 100% “Permanent and Total” criterion but who are receiving non-service related pension benefits are not eligible for expedited processing. In order to apply, veterans must submit a VA Notification Letter confirming their 100% “Permanent and Total” disability designation. All levels of the claims process will be expedited for eligible veterans. It is important to note that… 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

What does the Social Security Administration’s (SSA) Division of Quality (DQ) Do?

The Social Security Administration’s (SSA) Division of Quality (DQ) has been around since 2010 and is dedicated to making the disability process smooth, fair, and consistent for all. The DQ serves a number of important functions. It regularly evaluates a statistically meaningful collection of favorable and un-appealed, hearing-level Administrative Law Judge (ALJ) decisions for quality control. It also conducts decision studies focused on specific issues, offices, or subjects involved in the hearing process (for example: ALJs, or doctors). The reviews yield valuable data that help the DQ determine the most problematic areas of SSA policy and law, which in turn… Learn More

Backlash Against Social Security Administration (SSA) Field Office Service Cuts

In an earlier entry, we looked at two significant cuts to field office services due to budget shortages and security concerns. To recap, field offices will no longer provide benefit verification letters and Social Security Number (SSN) printouts. Today, we will look at the public’s response to the impending service cuts. Unions representing SSA personnel and advocacy groups representing senior citizens, the disabled, low-income, and those with limited English proficiency have voiced serious concern over these cuts. They argue that the cuts are being phased out too quickly and that efficient, functional alternatives have not yet been established for vulnerable… 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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