Social Security told to slow down decisions?
Do you think Social Security is working too fast processing Social Security disability claims. Someone apparently thinks so. Writing in the Wall Street Journal, Damian Paletta reports:
Social Security judges and employees in Florida, Alabama, Colorado, Georgia, Tennessee, Ohio and Arizona were among those instructed to set aside disability cases this week, with the slowdown allowing managers to boost their performance numbers for the coming fiscal year, which starts Monday.
Top officials, in a bid to meet goals to win promotions or thousands of dollars in bonuses, directed many employees to refrain from issuing decisions on cases until next week, according to judges and union officials.
How did Social Security judges respond?
Social Security Judge Told Me She Approved My Disability
I was recently asked the following question:
The judge at my husband’s hearing said she was going to approve him. She said she would get his letter to him in the next 2 or 3 weeks, but NO letter yet.
Since she approved him during his hearing when will his benefits start?
Social Security cannot process benefits until a decision is entered. While judges can issue a “bench decision” by orally entering a ruling into the record at the hearing, this is fairly rare.
More commonly, when a judge tells a claimant how the s/he is going to rule, that is not the decision. It is …
Is a Social Security disability hearing without a Vocational Expert a bad sign?
I was recently asked what it meant that the Administrative Law Judge did not have a Vocational Expert (VE) testify at an individual’s Social Security hearing.
What happens when the administrative law judge does not call the vocational expert to the hearing. Why would the judge do that?
Well, I can’t tell you “why” the judge didn’t have VE. Some judges use VEs all the time, others do not. A VE provides evidence (testimony) about steps 4 & 5 of the sequential evaluation process.
Social Security News
The “Social Security Hot Topics” Continuing Legal Education (CLE) program provided quite a bit of information about the state of Social Security.
More judges on the way:
150 new judges already hired in 2009.
20-30 additional judges to be hired before end of 2009
~200 more judges to be hired in 2010.
Applications on the rise:
With the poor economy, more people are filing for disability benefits. There has been approximately a 25% increase in new claims filed in 2009.
Psychological problems loom large in disability cases:
35-40% of disability cases involve mental limitations.
New National Hearing Centers (NHC) coming online:
National Hearing Centers handle video hearings only, and can hear cases from around the country to try to reduce …
How to postpone a Social Security hearing?
Even though it often takes a year or even two years to get your Social Security hearing, you may find that you are not ready when the big day finally comes.
Is there any way to continue, postpone, or delay my Social Security hearing?
Yes. You can request a continuance to postpone your hearing.
Lets look at how to do this.
How long after my case is assigned to a Judge does it take to get a hearing?
If you are keeping in touch with the Office of Disability Adjudication and Review (ODAR) which is preparing your case for hearing, you may be told that your case has finally been assigned to an Administrative Law Judge (ALJ).
However, ODAR may not tell you is how much longer it will take to get a hearing date, now that your case has been assigned to a Judge. So, how long after your case is assigned to a judge will it take to get a hearing?
Making your Social Security claim stand out!
Gordon Gates writes about how he tries to make each case different and memorable when preparing to go to hearing.
I am always concerned that a particular claim will not get the attention it deserves at the hearing level, due to the tremendous workload at the Social Security hearing offices. Each administrative law judge decides several hundred claims every year.
…
I have an upcoming hearing with a client who has an unusual story. The medical evidence is very good, and the claim should be granted at hearing. Nevertheless, I am spending a great deal of time on the claimant’s story…, because it is so unusual. That story will be the hook that draws the judge into the case.
I agree completely!
In my office, I regularly meet with my clients and listen to their stories. Every once in a while I hear something that rings a bell. My eyebrows jump, and I make sure to write down that story in my notes.
Every individual applying for Social Security has had unique experiences related to their disability. It does not have to be anything big. I am not talking about a trip to the ICU.
Gordon Gates on “the 11 Percent ALJ”
Social Security attorney Gordon Gates wrote about a Social Security Administrative Law Judge (ALJ) who only approves 11 percent of cases.
In trying to find some insight in to how this ALJ could only approve 11% of cases when most other ALJs approve somewhere between 45-60% of cases, Gordon found the following post from the ALJ on a high profile public website:
Some doctors go overboard on diagnoses and treatment because they sense the “pot of gold” in having a fairly young patient on Medicare for many years to come with a reliable source of payment for constant treatment.
Lawyers and other non-attorney representative can receive fees as a percentage of the back benefits awarded to a claimant. Once a claimant has a legal representative, one can actually track how the alleged impairments become much worse, with new impairments and symptoms added as the case matures.
A judge with some experience can almost recite verbatim the same story we hear from virtually EVERY claimant, suggesting they have received training from the national organization of the claimants attorneys. The government is complicit in this boondoggle, because the Social Security Administration actually publishes lists of symptoms for various impairments in the form of rules for judges to follow. Is it any wonder we hear those lists of symptoms at almost every hearing?
The Judge’s quote is quite lengthy and covers a number of topics. I encourage you to read it in Gordon’s article: The 11 Percent ALJ.
While I can agree with the Judge on several points in the longer quote, I strongly disagree with what the Judge says above.
Let’s set ‘em up and knock ‘em down!
Long Social Security hearing delays? “Blame the judges!”
The long wait times in Social Security cases are prompting a backlash against Administrative Law Judges (ALJs) in Social Security cases.
Across the country, it takes an average of 480 days to get a judge’s ruling on a Social Security disability claim — but 650 days if your case is in Portland.
The problems in Portland reflect a broader national crisis, according to Social Security Administration records … Only about half the agency’s administrative law judges meet its minimum goal of clearing 500 cases a year.
….
In October 2007, Social Security Commissioner Michael J. Astrue met with a delegation of judges from around the country and … complained that many were not productive enough, according to the union that represents the judges. Astrue also accused them of not wanting to be subjected to any professional standards.
The commissioner has testified before Congress that the bulk of administrative law judges are hardworking. But he has griped about underachievers, and the agency set performance goals that ask judges to clear 500 to 700 cases a year..
Grab the pitch forks! Light the torches! It’s the judges’ fault!
Of course, things are not that simple.
Social Security Judge’s approval or denial numbers published by Oregonian
Would you like to know what percentage of cases the Administrative Law Judge (ALJ) assigned to your Social Security disability, or Supplemental Security Income (SSI) case, approves and denies?
In response to a Freedom of Information Act request by The Oregonian, the Social Security Administration released the production numbers and approval rates for all of its administrative law judges. The agency released complete reports for 2005, 2006 and 2007. The table for 2008 covers most — but not all — of the year.
Click below and enter the Judge’s name to see the statistics for that judge.
If I have a lawyer, why am I doing all the talking?
The one thing people are most surprised about when they go to a hearing is that the lawyer does not do all of the talking. In fact, it is the claimant (aka “you”) who has to answer the Judge’s questions. I hear a lot of questions and comments about this.
I went to my hearing and my lawyer sat there like a bump on a log.
Why am I paying a lawyer, if I have to answer all of the questions?
What do you mean, I have to talk at the hearing; isn’t that what the lawyer is there for?
Why doesn’t a lawyer speak for you at the hearing?
What does the “vocational expert” do at a Social Security hearing?
Under Social Security regulations, it is not enough to have a disability (a diagnosed medical condition). Your condition has to be severe enough to be prevent you from being able to engage in a “substantial gainful activity;” typically full time, competitive, employment. If you cannot show that your condition keeps you from being able to work, you will probably lose your case.
At the hearing, the Administrative Law Judge (ALJ) has a Vocational Expert testify about the the kinds of jobs are available, and how work-place limitations affect your ability to perform those jobs.
Basically, the Vocational Expert answers two questions for the judge (phrased as hypotheticals):
Can you still perform any of the jobs you have done over the last 15 years?
Can you still perform any other jobs which exist in substantial numbers in the national economy?
The judge uses the vocational expert’s answers to decide if you can still work (and therefore, whether you are disabled). This makes the vocational expert’s role extremely important!
Denied at hearing? Here’s how to appeal the Judge’s decision to Social Security Appeals Council
If you are denied at your Social Security hearing by the Administrative Law Judge (ALJ), you have the right to appeal the judge’s decision to the Social Security Appeals Council.
To do this, you need to file form HA-520-U5 “Request for Review of Hearing Decision/Order.” You only have 60 + 5 days to get the appeal to the Appeals Council from the date stamped on the judge’s decision (5 days to receive the decision and 60 days to deliver the appeal).
Note: The appeal must be delivered by the 65th day! Unlike filing your taxes, postmarking the letter on the 65th day is not enough. The appeal must be in the Appeal Council’s hands no later than the last day.
There is the possibility of filing late with the Appeal Council’s permission, but that is not something you want to count on.
Here are a couple of things to keep in mind about the appeal.
Social Security hearing tip: keep a journal of rest breaks
Here is a useful exercise you can do to prepare for your hearing: keep a journal of everything you do from the moment you wake up to the moment you go to sleep, including every time you take a break.
Don’t worry. You do not have to turn this in to anyone, not to your lawyer (although he or she should be aware that you are keeping the journal), and not to Social Security. This is just for yourself.
But what good is it?
At the hearing, the judge will ask you a number of questions about “Activities of Daily Living” or ADLs. This includes some of the following:
What if the Social Security judge wants me to change the date my disability began?
Nate Craig of Truth of the Matter Asserted has a great article about what it means if a judge wants you to change the date you became disabled, or in Social Security parlance “amend your alleged onset date (AOD).”
Often, by the time the claimant’s hearing comes to be scheduled, the ALJ will review the file for the first time. During this review, the ALJ will determine if the onset date is established by the medical records. Most factors of a proposal to amend an onset date will be either a specific medical finding that seems to correlate with the claimant’s limitations or the claimant has earning posted to their earnings record, including unemployment benefits.
Long story short, if the Judge is asking you to amend the onset date, they essentially are going to award benefits.
Nate makes a great point, but there is one exception to this general rule of thumb: SSI cases.
