SSA Advantage Social Security Disability Specialists

The Acting Commissioner of the Social Security Administration, Carolyn Colvin is urging Congress to support, “…adequate, sustained, and predictable funding” for SSA programs.  Please see the attached link for the written Statement for the Record of Acting Commissioner Colvin’s testimony to the House dated 3/14/2013: http://appropriations.house.gov/uploadedfiles/hhrg-113-ap07-wstate-colvinc-20130314.pdf.  She further states in her written testimony, “…I must warn you that these levels of service cannot be sustained if we are underfunded.”  Some of the service issues mentioned in the article include:

• average daily visitors per SSA employee have increased by 4% since FY 2011
• average wait time for visitors to SSA field offices has increased 40%, from 21 minutes in FY 2010 to 30 minutes through January of FY 2013
• average speed to answer Social Security’s 800-number calls has increased from 3.5 minutes in FY 2010 to over 7.5 minutes through January of FY 2013
• average disability hearing decision processing time was at its highest at 532 days in 8/2008, at its lowest at 340 days in 10/2011, and is back up to 382 days currently

SSA is estimating that pending disability initial claims will increase by over 140,000 and applicants will have to wait about two weeks longer for an initial disability decision.  They expect applicants will have to wait almost one month longer for a disability hearing decision.  Acting Commissioner Colvin also speculates that reduced Social Security funding, “…may mean further reductions in office hours and deferred workloads.”

The Social Security Administration is in the process of designing a Service Delivery Plan (SDP), which they intend to use as a “roadmap” for how they will serve the public over the next decade.  Prior to finalizing their SDP, they have issued a notice in the Federal Register requesting comments on the subject.  The Federal Register notice can be viewed in full at https://www.federalregister.gov/articles/2013/03/12/2013-05595/service-delivery-plan.  The notice was issued by SSA on 3/12/2013 and will remain open for comments through 4/11/2013.  The above link specifies how to go about submitting comments. 

SSA originally communicated their plans to develop this SDP in an earlier Federal Register notice issued on 7/27/2012.  That notice also sought comments from the public and remained open for comments through 8/27/2012.  Many of the comments received were directly related to the Social Security Disability programs.  Some of the themes throughout the comments included increased automation of services, forms and information; increasing the amount of information that can be accessed online by disability claimants and their representatives, as well as making the SSDI and SSI files available for online access earlier in the disability filing process; outsourcing tasks related to disability benefit payment verifications; and ongoing training for SSA employees.

Social Security indicates they have incorporated the prior suggestions and will also consider any additional comments at this time.  Per the recent notice, SSA expects to focus on technology-driven innovation, ongoing policy updates, and streamlined business processes in this SDP effort.

Substantial federal budget cuts, also known as sequestration, are scheduled to become effective today.  The Social Security Administration is not exempt from these government-wide cuts.  The payment of Social Security and Supplemental Security Income benefits are not to be affected, so those eligible for benefits should continue to receive their benefits payments as normal.

 However, other areas of the Social Security process will likely notice the cuts.  For example, service to the public will likely take a hit.  SSA estimates that the cuts could result in longer waiting times at their field offices and for callers utilizing the national toll free service, or the 800 number.

Also according to SSA, pending levels of initial Disability applications would rise and the time to receive an initial decision could increase, possibly by as much as two weeks.  Those claimants awaiting an SSDI or SSI decision at the hearing level could see additional delays of almost a month longer than before.  These delays would also likely have a negative impact on any SSA initiatives to reduce the disability hearings backlog.

The Social Security Administration has been withholding the names of Administrative Law Judges (ALJs) assigned to Social Security Disability and SSI hearing cases.  Some representatives have found recent success in obtaining the ALJ’s name prior to the scheduled hearing by filing a Freedom of Information Act (FOIA) request with SSA.  SSDI and SSI representatives have been trying this approach since SSA decided to start withholding ALJ’s names, but SSA had been denying the requests.

Information about filing a FOIA request with SSA can be found at http://ssa.gov/foia/.

Once you have accessed this page choose the button on the right for “Make a FOIA Request”, next choose “Other Online FOIA Requests”, then the “eForm” link.  In the text box of the eForm request page you might include all pertinent information to identify yourself, your claimant, that you are requesting the identity of the ALJ assigned to the SSDI or SSI hearing, and why the ALJ information will be necessary and/or helpful in representing your claimant for benefits.

While some SSDI and SSI representatives have found recent success in using this FOIA request method, keep in mind that a response from Social Security could take at least 1-2 weeks.

The ACE – Acceptable Clinical Evidence – program is being rolled out by the Veterans Administration to speed up processing of VA Disability claims. The program will allow VA staff to approve disability claims without an in person examination of the veteran for some cases where there are sufficient medical records already in the file. This will speed up processing times for VA disability claims and save veterans the hassle of making an additional trip(s) to the VA for exams.

In a recent pilot, nearly 40% of VA disability claims were eligible for the ACE program. At the hearing stage of a Social Security disability claim, SSDI and SSI disability applicants can ask for an On The Record review. The SSA Administrative Law Judge can then review the accumulated medical records and in some cases make a decision without holding a hearing.

For more information on the new VA ACE program:

http://www.defense.gov/news/newsarticle.aspx?id=119156

Social Security is requiring nearly all retirement and disability benefit payments to be done by direct deposit. SSA wants to eliminate mailing SSDI, SSI and retirement benefits to save money and provide better security.

However a recent report form the Social Security Office of Inspector General (OIG) reveals that sometimes SSA mishandles changes to banking information and benefits payments. And in some cases people other than the authorized recipient of the benefits fraudulently rerouted disability or retirement payments.

If you are filing a new claim for retirement, SSI or SSDI benefits, make sure your banking information is accurate. And double check your bank statements once you are notified disability or retirement benefits are being sent. Report any discrepancies immediately. If you already receive payments check your bank statement each month and make sure your funds are properly deposited. Once again notify SSA right away if something is a miss.

http://oig.ssa.gov/sites/default/files/audit/summary/pdf/Summary%2022101%20%283%29.pdf

A recent Wall Street Journal posting suggests that a decrease in Social Security Disability applications could be a sign of improving conditions in the job market.  To view the full posting see the attached link, http://blogs.wsj.com/economics/2013/01/26/number-of-the-week-why-disability-figures-are-good-for-job-market/?mod=WSJBlog.

According to the posting, just over 2.8 million people applied for Social Security Disability benefits in 2012.  SSDI applications had not been this low since 2009.  In addition, just less than 1 million SSDI approvals were granted last year, which was the lowest amount since 2008.

The article indicates about 1.8 million jobs were added over 2012 and that the unemployment rate decreased over half a percentage point.  Also, the decrease in SSDI applications occurred even while unemployment benefits expired for many Americans who remain out of work.  The article indicates more than 3.5 million people were receiving unemployment payments at the beginning of 2012, while that number fell to about 2 million by year’s end.  While there are numerous ways to interpret the data, the posting suggests once again the recurring theory by many that the state of the economy does have an affect on Social Security Disability applications.

Social Security Commissioner Michael Astrue will remain at his post for a while longer. Astrue annouced yesterday that he will step down next month. His official term lapsed on January 19th of this year. The White House has yet to announce a successor.

The Commissioner of the Social Security Administration oversees the nation’s disability and retirement benefits systems. Astrue has been instrumental in bringing SSA further into the digital age by expanding SSA’s on-line presence and adding many features to the www.ssa.gov site. This includes the ability to file for disability and retirement benefits on-line and a tool that allows individuals to see an estimate of their potential retirement or disability payments.

SSA has announced that the next Eligible for Direct Payment Non-Attorney (EDPNA) representative examination will be held on May 8, 2013 in Baltimore, MD.  The application period is set to run from February 27, 2013 through March 20, 2013.

Passing this examination is one of the requirements that a non-attorney representative must meet in order to become eligible for direct payment of fees from the Social Security Administration.  The examination is written and administered by SSA and tests the knowledge surrounding SSDI and SSI, including the Social Security Act, recent developments in SSA and court decisions.  The test is extremely comprehensive, it aids SSA to ensure that direct payment on disability claims is reserved for adequately qualified non-attorney representatives (attorney representatives can also receive direct payment), and it allows an opportunity for non-attorney SSDI and SSI representatives to further their credentials and set themselves apart in their industry.

Advantage 2000 Consultants currently employs 14 certified EDPNA representatives.  Our prospective SSDI and SSI certified representatives are prepared for the Social Security certification test in-house by our experienced staff possessing extensive knowledge in the many different areas of Social Security Disability.  If you are in need of an experienced representative for your SSDI or SSI claim for benefits, please feel free to contact us at (800) 899-3433, or i-team@advantage2k.com to speak with one of our Customer Service Specialists.  Or, to submit a free evaluation for Social Security Disability benefits, please visit our website at ssaadvantage.com.

In 2010 Congress passed Rosa’s Law which instructed Federal Agencies to replace the terminology “mental retardation” with the phrase “intellectual disability” because of the former phrase’s negative connotations. Social Security was not specifically mentioned in the law, and they hesitated to make the switch because SSA is bound by law to a strict definition of what is a disability.

Recently SSA has decided to start using “intellectual disability” in order to meet the intent of the law and to be consistent with the mental health community at large.

SSA does advise that those diagnosed with intellectual disabilities will not automatically be considered “disabled” or eligible for SSDI or SSI payments. To qualify for SSDI or SSI disability benefits, people with an intellectual disability will still have to meet the broader test of disability under Social Security law which includes that the impairment is severe and prevents the ability to work and engage in substantial gainful activity.

For more information:

http://www.gpo.gov/fdsys/pkg/FR-2013-01-28/html/2013-01522.htm