FORUM ARTICLES INDEX 2010 - 2013
January 2010 – December 2013
Month/page/year
ABSENTEEISM
Substantial Absenteeism, Special Accommodations, and SGA
(Roop v. Astrue)
Alesia v. Astrue, 789 F.Supp.2d 921 (N.D.Ill. 2011)
Farrell v. Astrue, 692 F.3d 767 (7th Cir. 2012)
Dec/2/10
June/20/12
Nov/12/12
ADMINISTRATIVE CONFERENCE OF THE UNITED STATES (ACUS)
Government Agency to Study SSA Disability Adjudication
Nov/1/11
ACUS: Social Security Disability Adjudication Study
Feb/18/12
SSA Asks for Report on “Duty of Candor and the Submission
of All Evidence
June/3/12
ACUS Issues Recommendation on Social Security Disability
Adjudication (Improving Consistency in Social Security
Disability Adjudications (June 13, 2013))
June/2/13
ACUS Recommends Options for Submission of Adverse Evidence July/1/13
ADVERTISING
Use of NOSSCR Membership Logo
Dec/2/10
AFFORDABLE CARE ACT
SSA and the Affordable Care Act
Aug/13/13
AIDS/HIV
Institute of Medicine Reports to SSA on Cardiovascular
and HIV Listings
Oct/5/10
ALCOHOLISM
See SUBSTANCE ABUSE
ALIENS
SSI Refugee Extension Ended September 30
Bipartisan Bill Would Extend SSI Benefits for Refugees
Recent Reports of Interest: Foreign ATM withdrawals by
SSI beneficiaries
ALJ’s DUTIES
SSA Inspector General Reports Address ODAR Issues
(ALJ productivity; ODAR Staffing)
Sept/3/10
Aug/10/11
Oct/21/12
Jan/5/10
GAO Reviews ALJ Hiring Process (Office of Personnel Management
Should Review ALJ Program to Improve Hiring and
Performance Management, GAO-10-14 (Jan. 2010)
Jan/9/10
SSA Establishes New System Tracking Complaints
of ALJ Misconduct
Feb/1/10
ALJ Disposition Information Available
Feb/2/10
Correction – ALJ Disposition Link
Mar/2/10
SSA- Not ALJ- Now Allowed to Schedule Hearings in
“Rare Instances”
July/1/10
OIG Report: Why Do ALJs Allow More Cases Than the
DDSs for Certain Impairments?
Aug/1/10
Federal Register Update: Proposed Rule: Active State Bar
Licensure for ALJs
Oct/4/10
ALJ Disposition Data on SSA Website
Jan/2/11
Minter v. Astrue, 722 F.Supp.2d 1279 (N.D.Ala. 2010)
Jan/29/11
th
Spiva v. Astrue, 628 F.3d 346 (7 Cir. 2010)
Feb/18/11
Class Action Alleges Bias of Five ALJs (Padro, et al v. Astrue, EDNY) Apr/3/11
Congress Asks OIG to Review ALJ Workloads and Adherence to
SSA Policy in Light of Wall Street Journal Article
June/4/11
House Ways and Means Social Security Subcommittee letter to
OIG on review of ALJs
June/6/11
NOSSCR comments on proposed rule to eliminate requirement to
recontact treating sources
June/10/11
Oversight Hearing on Role of Social Security ALJs
July/1/11
ODAR Policy Change Removes ALJ’s Identity from Hearing Notice Dec/1/11
NOSSCR letter to Commissioner Astrue and ODAR Deputy
Commissioner re: new ODAR policy on ALJ identity
Dec/3/11
Inspector General Reports on SSA’s Oversight of ALJs
(Congressional Response Report: Oversight of ALJ
Workload Trends , Feb. 2012)
Feb/1/12
SSA Issues Final Rule on Recontacting Treating Source
Feb/1/12
Inspector General Issues Reports on ALJs(Congressional Response
Report: Oversight of ALJ Workload Trends , Feb. 2012; SSA’s Review
of ALJ Decisions (Mar. 2012); Congressional Response Report: Oversight
of the Year-end Hearings Process (Mar. 2012))
Mar/1/12
Practice Tip: Credibility “Boilerplate” Warrants Remand:
Bjornson v. Astrue, Smith v. Astrue
Mar/7/12
Scapegoating Social Security Disability Claimants (and the
Judges Who Evaluate Them. ACS Issue Brief)
Mar/8/12
ALJ Allowance Decision Rates – FY 2010
Mar/26/12
AM-12053 Credibility Assessments and use of Social Media
May/20/12
Aldea v. Astrue, 828 F.Supp.2d 396 (D.Mass. 2011)
July/20/12
Betancourt v. Astrue, 824 F.Supp.2d 211 (D.Mass. 2011)
July/21/12
Senate “Investigation” Questions Quality of Favorable
ALJ Decisions
Sept/1/12
Senate Permanent Subcommittee on Investigations
Minority Staff Report (excerpts)
Sept/14/12
ODAR Workload and Performance Summary,
National, ending 9/28/12
Oct/11/12
Settlement of Class Action Lawsuit on Generalized Bias of
Five ALJs (Padro et al. v. Astrue)
Jan/1/13
Twenty Years Later, SSA Publishes Procedure for Addressing
ALJ Bias and Unfairness (SSR 13-1p)
Jan/1/13
ALJ Hiring: What Does the Future Hold?
Feb/15/13
ALJ Union Sues Over Production "Quotas"
(AALJ et al v. Colvin, N.D.Ill Apr 18, 2013)
Apr/1/13
Alleged ALJ Bias: Class Action Settlement Proposed (Padro v. Astrue) July/1/13
OIG Report:ALJ/Public Alleged Misconduct Complaints System (July 2013)July/3/13
Federal Register: Pilot program allowing SSA to schedule
hearing is extended
July/9/13
Statement of Richard Morris, Esq. at Padro settlement hearing
July/10/13
ALJ Bias Class Action Settlmenet Receives Final Approval
(Padro v. Astrue, Case No. 11-CV-1788)
Oct/1/13
Disability Hearing Guide for ALJs
Oct/10/13
Caseload Analysis Report – National
Sept/18/10
New ALJ “Position Description” Approved: What Is the Impact
on ALJ Decisional Independence?
Dec/1/13
ALJ’s DUTIES: LAY TESTIMONY
Caldwell v. Astrue, 804 F.Supp.2d 1098 (D.Ore. 2011)
Fisher v. Astrue, 788 F.Supp.2d 1219 (E.D.Wash. 2011)
Eckermann v. Astrue, 817 F.Supp.2d 1210 (D.Idaho 2011)
Mar/29/12
Apr/17/12
July/21/12
ALZHEIMER’S DISEASE
Early Onset Alzheimer’s Disease Added to
Compassionate Allowance List
Feb/3/10
APPEALS COUNCIL
Improving Appeals Council Practice
Chief ALJ Memo re: Establishing a Quality Review Branch
The New Quality Review Branches: What Can We Expect?
FY 2009 Workload Data: Disability Decisions
New Procedures at the Appeals Council
New Appeals Council Branches Handle Overflow Work
FY 2010 Workload Data Disability Decisions –
Initial through Federal Court
July/1/10
July/14/10
Sept/3/10
Nov/5/10
Dec/1/10
Feb/7/11
Feb/11/11
News from the Appeals Council
May/1/11
Online Access to Folders at Appeals Council
June/1/11
Appeals Council Remands and Service Realignment
July/1/11
Top Reasons for Appeals Council Remand
July/17/11
Appeals Council memo to Office of Appellate Operations Employees:
Subsequent Application Policy Change and Guidance
Aug/19/11
ODAR Updates Hearing Level and Appeals Council at
San Antonio NOSSCR Conference
Oct/1/11
SSA Issues Policy Guidance on SSR 11-1p
Nov/1/11
SSR 11-1p: Subsequent Disability Claims Q & As (SSA 11/15/11) Nov/10/11
Appeals Council Branch Contacts HALLEX I-4-3-104
Jan/20/12
FY 2011 Workload Data: Disability Appeals
Feb/11/12
Contacting the Appeals Council – New Fax Number for Requests
to Appeals Council Ombudsman
Apr/3/12
“Aged” Remands: New Process to Expedite
Apr/17/12
Results of Appeals Council Own Motion Review
Oct/1/12
New Charts on Appeals Council Procedures
Nov/1/12
Appointed Representative Guide to Requesting
Appeals Council Review
Nov/4/12
Practice Tip: At the Appeals Council, Lead With the
Strongest Issue
Jan/27/13
“Top 10” Appeals Council Submission Suggestions (P. Jonas)
May/3/13
Correction: Aged Court Remand Cases
July/2/13
How it Operates: Appeals Council Review of ALJ Allowances
Aug/1/13
Appeals Council Status Report Now Available Online
Sept/1/13
Appeals Council Workload Data Available Online
Nov/10/13
Contacting the Appeals Council Ombudsman
Dec/6/13
APPEALS COUNCIL: NEW EVIDENCE
McClesky v. Astrue, 606 F. 3d 351 (7th Cir. 2010)
Fourth Circuit Rules on New Evidence Submitted to
Appeals Council (Meyer v. Astrue)
Does New Evidence at the Appeals Council Relate to the Period
Before the ALJ Decision? (Cuadras v. Astrue)
McGinnis v. Astrue, 709 F.Supp.2d 468 (W.D.Va. 2010)
Clarification of Procedures for Providing Extensions of time at
the Appeals Council. Jonah Memorandum (May 8, 2012)
Langley v. Astrue, 777 F.Supp.2d 1250 (N.D.Ala. 2011)
What is “New and Material Evidence” at the Appeals Council
(HALLEX I-3-3-6, rev’d Dec. 2012)
Culver v. Astrue, 924 F.Supp.2d 1295 (N.D.Ala. 2013)
ARTHRITIS
July/21/10
Feb/7/12
Feb/8/12
Mar/29/12
June/6/12
July/21/12
Mar/8/13
Nov/24/13
SSA Holds Compassionate Allowance Hearing on
Autoimmune Disease
ATTORNEYS' FEES
See Also, NON- ATTORNEY FEE WITHHOLDING
New Law Makes SSI Fee Withholding and Nonattorney
Fee Program Permanent
Update on 1099s
Crawford v. Astrue, 586 F.3d 1142 (9th Cir. 2009)
CJB 10-01: Increase in Authorization Limits for Fee Petitions
Processing Center Phone Numbers on SSA Website
Processing Center Phone Numbers
Treasury Department Issues Proposed Regulations Regarding
Paper Checks
Bank “Fact Sheet” for Direct Deposit of Fees
Multiple Representatives in the Same Firm: How to Get Paid
Letter to the Editor – Re: Incorrect fee payments
Contacts: Fee-Related Issues
Successive Attorneys and Fee Payment
IRS to Issue IRS Form 1099s in January 2011
Is the User Fee Included in the Amount of Fees Received
on Form 1099?
Attorneys’ Fees in Social Security Cases Exempt from
Direct Deposit Requirement
Problems with Incorrect Forms 1099-MISC Continue
NOSSCR Comments to SSA on Fee Petitions
The Streamlined Fee Agreement at 20: How Time Flies!
Reprint of July 1991 NOSSCR Forum Front Page
Electronic Services Use Required for Fee Withholding
Review Form 1099-MISC Now to Avoid Tax Problems Later
SSA Changes Processing of 1695 Forms
EM 12004 – New Procedures for Form SSA 1695
Federal register Update: Fee assessment in 2012
Letter to the Editor: Re: Changing the 1695 Form
Contacts: Fee-Related Issues & Problems with Effectuation
Attorneys’ Fees Are Exempt From Direct Deposit
User Fee Cap (2012 and 2013)
Recent Reports of Interest: Paid Fees Not Withheld (Oct. 2012)
Inspector General Reports on Fee Payment Processing
Review Form 1099-MISC Now to Avoid Tax Problems Later
User Fee Remains at 6/3% in 2013
President’s Message – attorney fee issues
Jackson v. Astrue, 705 F.3d 527 (5th Cir. 2013)
Mar/1/11
Feb/1/10
Feb/1/10
Feb/14/10
Mar/12/10
Apr/1/10
May/15/10
June/1/10
Sept/1/10
Oct/1/10
Oct/2/10
Nov/3/10
Nov/6/10
Dec/1/10
Jan/1/11
Jan/4/11
Apr/20/11
June/18/11
July/1/11
July/14/11
Sept/2/11
Jan/1/12
Jan/3/12
Jan/8/12
Jan/31/12
Mar/3/12
Mar/27/12
Apr/1/12
Oct/3/12
Oct/20/12
Dec/3/12
Jan/3/13
Jan/7/13
Feb/2/13
Apr/21/13
Query: Direct Deposit and Multiple Attorney Firms
New POMS on Electronic Filing Mandate(GN 03970.010, .017)
User Fee Remains at 6.3% in 2014
ATTORNEYS’ FEES (EAJA )
Supreme Court Update: Ratliff v. Astrue oral argument held
U.S. Supreme Court Holds That EAJA Fees Are Payable to
the Plaintiff (Astrue v. Ratliff)
Letter to the Editor: Astrue v. Ratliff Leave Open 31 CFR §285.5
issues
Astrue v. Ratliff, 560 U.S. ___ (June 14, 2010)
EAJA Fees Post-Ratliff (includes sample assignment)
Rice v. Astrue, 609 F.3d 831 (5th Cir. 2010)
Letter to the Editor: SSA contact for EAJA fee payments
Sergenton v. Astrue, 714 F.Supp.2d 412 (E.D.N.Y. 2010)
Assault on EAJA begins
EAJA Update
U.S. Supreme Court Update: Hardisty v. Astrue, 592 F.3d 1072
(9th Cir. 2010) petition for cert filed (later denied)
Murkeldove v. Astrue, 635 F.3d 784 (5th Cir. 2011)
Practice Tip: Ascertaining Federal Debt Status
EAJA Survey Results
Turner v. Commissioner, 680 F.3d 721 (6th Cir. 2012)
Smith v. Astrue, 843 F.Supp.2d 486 (D.Del. 2012)
Cox v. Astrue, 917 F.Supp.2d 659 (E.D.Ky. 2013)
Oliver v. Comm’r of SSA, 916 F.Supp.2d 834 (S.D.Ohio 2013)
AUTOIMMUNE DISEASES
SSA Holds Compassionate Allowance Hearing on
Autoimmune Disease
AUXILIARY BENEFITS
Court Finds “After Conceived Child” Eligible for Survivors
Benefits (Beeler v. Astrue, N.D. Iowa, Nov. 12, 2009)
Final Rule: Entitlement Requirements for Stepchildren
Fourth Circuit Denies Benefits to Posthumously-Conceived Child
(Schafer o/b/o/ WMS v. Astrue, No 10-1500
(4th Cir. Apr 12, 2011))
U.S. Supreme Court to Decide Eligibility for Posthumously
Conceived Children (Astrue v. Capato)
U.S. Supreme Court Hears Oral Argument on Posthumously
Conceived Children (Astrue v. Capato)
Supreme Court Holds Posthumously Conceived Children
July/2/13
Aug/4/13
Dec/6/13
Feb/3/10
June/1/10
June/2/10
June/16/10
July/1/10
Sept/20/10
Nov/2/10
Dec/16/10
Feb/1/11
Apr/1/11
Apr/25/11
May/18/11
June/5/11
July/12/11
Aug/21/12
Mar/21/13
Nov/24/13
Nov/24/13
Mar/1/11
Jan/6/10
Aug/11/10
Apr/24/11
Dec/8/11
Mar/1/12
Eligible Only Under State Intestacy Law (Astrue v. Capato) May/1/12
Update: Posthumously Conceived Children (Rescission of AR 05-1(9)) Nov/1/12
Supreme Court Decision Impacts Social Security and SSI
Eligibility for Same-Sex Spouses (U.S. v. Windsor)
June/1/13
SSA Begins Processing Claims for Same-Sex Couples
Aug/1/13
Posthumously Conceived Children: A Post-Supreme Court Update Aug/3/13
SSA Begins to Pay Some Surviving Spouse Benefits for
Same-Sex Couples
Dec/4/13
AVAILABLE MATERIAL
Forum Articles Index: January – December 2009
2009 List of Available Materials
Listings/Grids Subscription Order Form for 2011
Listings/Grids Subscription Order Form for 2011
Forum Articles Index: January – December 2010
2010 List of Available Materials(Nos 1775- 1830)
Listings/Grids Subscription Order Form for 2012
Access to the NOSSCR Available Material
Listings/Grids Subscription Order Form for 2012
Forum Articles Index January – December 2011
List of Available Materials: January – December 2011
Listings/Grids Subscription Order Form for 2013
Forum Articles Index: January – December 2012
2012 List of Available Materials (1889-1958)
Jan/16/10
Feb/17/10
Oct/21/10
Nov/12/10
Jan/16/11
Feb/19/11
Nov/9/11
Dec/2/11
Dec/16/11
Jan/32/12
Feb/22/12
Dec/15/12
Jan/12/13
Feb/20/13
BACK IMPAIRMENTS
McDonald v. Astrue, 858 F.Supp.2d 927 (N.D.Ill. 2012)
Kastner v. Astrue, 697 F.3d 642 (7th Cir. 2012)
Fulfer v. Astrue, 917 F.Supp.2d 883 (E.D.Wis. 2013)
Jan/29/13
Mar/20/13
Sept/17/13
BENEFIT CALCULATION
No 2011 COLA- Benefits Will Not Increase
2012 COLA is 3.6 Percent – First Increase Since 2009
2013 COLA is 1.7 Percent
2014 COLA is 1.5 Percent
Oct/1/10
Oct/1/11
Oct/1/12
Oct/3/13
CANCER
SSA Proposes Changes to Cancer Listings
Dec/7/13
CARDIOVASCULAR DISORDERS
Institute of Medicine Reports to SSA on Cardiovascular
and HIV Listings
New Compassionate Allowance Conditions
Oct/5/10
July/3/11
CARPAL TUNNEL SYNDROME
Washington v. Astrue, 698 F.Supp.2d 562 (D.S.C. 2010)
Sept/20/10
CDs
How to Convert an Encrypted E-file CD
CD Encryption Problems?
NOSSCR Encrypted CD Survey
Jan/1/11
Mar/3/11
Apr/12/11
CENTER ON BUDGET AND POLICY PRIORITIES
What the 2012 Trustees; Report Shows About Social Security –
Center on Budget and Policy Report (May 2012)
May/10/12
New Report Defends Disability Insurance (CBPP SSDI Paper)
“Top Ten Facts About Social Security” (CBPP Paper)
“The Geography of Disability” (CBPP Paper)
Charts Showing the Geography of Disability
SSI Childhood Disability : “Just the Facts” (Reports from CBPP
and NASI)
Testimony of Kathy Ruffing, CBPP before the House Ways and
Means Social Security Subcommittee (Mar. 20, 2013)
Off the Charts Blog posts, Kathy Ruffing, CBPP (2013)
CHRONIC FATIGUE SYNDROME
Practice Tip
Aug/1/12
Nov/13/12
Dec/2/12
Dec/10/12
Dec/14/12
Apr/3/13
July/14/13
July/5/10
CLASS ACTIONS
Second Circuit Strikes Down SSA’s Policy on Denial of Benefits
for Violations of Probation or Parole
(Clark v. Astrue, 602 F.3d 140 (2nd Cir. 2010))
Mar/3/10
Nationwide Class Certified re: SSA Policy Denying Benefits
for Violations of Probation/Parole (Clark v Astrue,
Case No. 1:06-cv-15521-SHS (S.D.N.Y. Mar. 18, 2011)
Mar/16/11
Class Action Alleges Bias of Five ALJs (Padro, et al v. Astrue, EDNY) Apr/3/11
SSA Stops Denials and Suspensions Based on Probation or
Parole Violations (EM-11032, “Clark Court Case”)
May/5/11
Relief to 100,000 Possible in Probation/Parole Violation Litigation
(Clark v. Astrue)
Jan/4/12
Relief to 1400,000 in Probation-Parole Violation Litigation
(Clark v. Astrue, (S.D.N.Y. Apr. 13, 2012)
Apr/10/12
Settlement of Class Action Lawsuit on Generalized Bias of
Five ALJs (Padro et al. v. Astrue)
Jan/1/13
Alleged ALJ Bias: Class Action Settlement Proposed
(Padro et.al v. Astrue)
Statement of Richard Morris, Esq. at Padro settlement hearing
ALJ Bias Class Action Settlmenet Receives Final Approval
(Padro v. Astrue, Case No. 11-CV-1788)
COBRA BENEFITS
Practice Tip: Extending COBRA Coverage: A Bridge to Medicare
July/1/13
July/10/13
Oct/1/13
Aug/6/12
COMPASSIONATE ALLOWANCES
Early Onset Alzheimer’s Disease Added to
Compassionate Allowance List
Feb/3/10
Compassionate Allowances – Additions Effective 3/1/10
Feb/12/10
Federal Register Update: Favorable decisions in QDD and
Compassionate Allowance cases
May/14/10
Federal Register Update: Final Rule: Disability Examiners can
allow QDD and Compassionate Allowance claims
without MC/PC approval
Oct/4/10
SSA Holds Compassionate Allowance Hearing on
Autoimmune Disease
Mar/1/11
New Compassionate Allowance Conditions
July/3/11
SSA Expands Compassionate Allowance List
Oct/7/11
New Compassionate Allowances Conditions Effective Aug 2012
Apr/20/12
New Additions to Compassionate Allowance List
Aug/6/12
New Compassionate Allowances Conditions Announced –
200 Conditions on List
Dec/5/12
Fed. Reg. Update: Quick Disability Determinations and
Compassionate Allowances extended
Nov/8/13
CONCURRENT CASES
SSI Windfall Offset Problems Delay Past Due Title II
Payments (OIG Report)
CONGRESS
President’s SSA FY 2011 Budget Request Includes 8% Increase
OMB Fact Sheet- Proposed SSA Budget for FY 2011
Hearing Assesses Rising Workloads and Customer Service in
SSA Field Offices
Bill Introduced to Provide One-Time $250 Payment
SSI Refugee Extension Ended September 30
Senators Hold Akron, Ohio Hearing on Disability Backlog
Assault on EAJA begins
Tax Bill Cuts Payroll Tax by 2% for One Year
112th Congress: Committees with Jurisdiction over Social
Dec/7/11
Jan/1/10
Jan/14/10
Apr/19/10
July/11/10
Sept/3/10
Nov/1/10
Feb/1/11
Jan/1/11
Security and SSI Issues
Feb/10/11
SSA’s Appropriation for FY 2011 – When Will It Be Final?
Mar/1/11
Finding Congressional Bills Online
Mar/2/11
President Proposes Increase In SSA Budget for FY 2012
Mar/3/11
SSA Budget for FY 2011 Is Final – What Will Happen in 2012?
Apr/9/11
Congress Asks OIG to Review ALJ Workloads and Adherence to
SSA Policy in Light of Wall Street Journal Article
June/4/11
House Ways and Means Social Security Subcommittee letter to
OIG on review of ALJs
June/6/11
House Holds Hearing on Improving Payment Accuracy
June/14/11
Oversight Hearing on Role of Social Security ALJs
July/1/11
One Senator’s Proposal for Significant Changes to the
Disability Programs
Aug/7/11
House Holds Hearings on Social Security and SSI Disability Programs Oct/1/11
It’s a New Fiscal Year: What About SSA’s Budget?
Oct/11/11
House Hearing Addresses Sustainability of Disability Program
Dec/1/11
Will the Payroll Tax Cut Continue in 2012
Dec/1/11
President Proposes Slight Increase for SSA in 2013:
Hearing Backlog is Top Priority
Feb/4/12
House Holds Hearing on How Disability Determinations are Made Mar/1/12
Senate Considers Impact of SSA Budget Cuts
May/1/12
House Hearing on SSA Appeals Process – Witnesses Provide
Divergent Opinions
June/1/12
Senate Committee Requires Report on “Secret ALJ” Policy
June/2/12
House Hearing on 2012 Social Security Trustees Report
June/5/12
SSA Budget Issues: Impact on Service Delivery?
Aug/13/12
House Hearing on Use of Technology in SSI Program
Aug/15/12
Senate “Investigation” Questions Quality of Favorable
ALJ Decisions
Sept/1/12
Senate Permanent Subcommittee on Investigations
Minority Staff Report (excerpts)
Sept/14/12
House Holds Hearing on Direct Deposit of Benefit Payments
to Beneficiaries
Sept/1/12
House Holds Final Hearing in Series on “Security the Future” of SSDI Sept/2/12
SSA Budget Situation: Shorter Field Office Hours and
Suspension of Statement Mailing
Oct/5/12
113th Congress: Committees with Jurisdiction over Social
Security and SSI Issues
Feb/6/13
Is there Too Much Subjectivity in Disability Decisions? House
Subcommittee Considers SSA’s Policies
Mar/1/13
Congressional Hearing Addresses Disability Trust Fund
Financing Challenges
Mar/6/13
Testimony of Kathy Ruffing, CBPP before the House Ways and
Means Social Security Subcommittee (Mar. 20, 2013)
Apr/3/13
NOSSCR Statement for the Record: Hearing on Fair and
Consistent Disability Decisions (Mar. 20, 2013)
Apr/18/23
President Proposes 2014 SSA Budget
May/2/13
House Hearing on "Bipartisan Entitlement Reform Proposals"
May/14/13
NOSSCR Testifies at House Oversight Committee Hearing on SSDI June/1/13
Senate Bill Would Reduce SSDI Benefits by Receipt of
Unemployment Benefits (S. 1099)
June/3/13
Recent Congressional Hearings: House Hearing on "Encouraging
Work" in the SSDI Program; House hearing on
Representative Payees.
June/10/13
NOSSCR Testimony before the House Committee on Oversight and
Government Reform (T. Sutton)
June/13/13
Selected Congressional Bills: SSI and unemployment benefits
(S.1099 and HR 1502)
July/12/13
Selected Congressional Bills: Allowing military families to secure
SSI and Medicaid benefits for disabled children
(S.1076 and HR 2249)
July/12/13
Selected Congressional Bills: Elimination of the 5-month waiting
period for terminally ill (S.1311)
July/12/13
House Holds hearing on Alleged SSDI Fraud in Puerto Rico
Sept/3/13
60 Minutes and Senate Committee Examine the Social Security
Disability Programs
Oct/1/13
House Oversight Committee Holds Second Hearing
on the SSDI Program (Nov. 19, 2013)
Nov/1/13
SSA testimony before House Oversight Committee (G. Sklar)
Nov/12/13
Legislation to Improve the SSI Program (H.R. 1601)
Dec/5/13
CONSULTATIVE EXAMINATION
How Does SSA Rate for Quality of Consultative Examination Reports? Jan/3/10
Practice Tip: Evidence Sent to CEs
Jan/7/10
Final Rule on Annual Onsite Reviews of CEs
June/5/10
How Ironic? Evidence from Medical Sources
July/10/10
New Study on Consultative Exams
Oct/2/10
Practice Tip: Obtaining Post-Hearing Medical Examinations:
How to Make a Difference (Page v. Astrue)
Dec/3/10
CE Reports and Malingering (OIG Report- Consultative Examinations
at the Indiana Disability Determination Bureau,
A-05-10-21061 (Mar. 2011)
Mar/18/11
CE Reports and Work-related Limitations
Oc/4/12
Practice Tip: Checking Physician Credentials
Oct/19/12
OIG Report: Quick Response Evaluation Report: Sanctioned Medical
Providers and Medical Evidence of Record (Feb. 2013)
Feb/8/13
Inspector General Report Supports Use of “Symptom Validity Tests” Sept/4/13
CONTINUING DISABILITY REVIEWS
Becker v. Astrue, 676 F.Supp.2d 813 (S.D. Iowa. 2009)
May/20/10
OIG Report: Termination of Disability Benefits Following a
Continuing Disability Review Cessation Determination (Nov. 2012) Nov/7/12
Consideration of CDI Investigation Reports in CDR Hearings
Dec/12/12
New SSR on Period Considered in CDR Appeal (SSR 13-3p)
Feb/5/13
Report on Return of beneficiaries ceased due to medical
improvement(Soc. Sec. Bull. 2013)
July/6/13
OIG Report: SSI High-error Profile Redeterminations (Sept. 2013)
Oct/13/13
CREDIBILITY
Practice Tip: Credibility “Boilerplate” Warrants Remand:
Bjornson v. Astrue, Smith v. Astrue
Practice Tip: Credibility
AM-12053 Credibility Assessments and use of Social Media
CRITICAL CASES/ TERMINAL ILLNESS
“Dire Need” Cases: Has SSA Changed Its Policy?
Selected Congressional Bills: Elimination of the 5-month waiting
period for terminally ill (S.1311)
DATE LAST INSURED
ALS and Date Last Insured
Mar/7/12
May/7/12
May/20/12
Nov/1/10
July/12/13
June/4/10
DDS ISSUES
See State Agency/ DDS
DEBT COLLECTION
U.S. Supreme Court Holds That EAJA Fees Are Payable to
the Plaintiff (Astrue v. Ratliff)
Letter to the Editor: Astrue v. Ratliff Leave Open 31 CFR §285.5
issues
EAJA Fees Post-Ratliff (Includes sample assignment)
Letter to Commissioner Astrue re: Treasury Offset Program
Federal Register Update: Tax Refund Offset and
Administrative Offset
Practice Tip: Ascertaining Federal Debt Status
DIABETES
SSA Issues Final Changes to Endocrine Disorders Listings –
Diabetes is Deleted
Roades v. Astrue, 861 F.Supp.2d 983 (E.D.Mo. 2012)
June/1/10
June/2/10
July/1/10
Feb/14/11
Mar/14/11
June/5/11
Apr/1/11
Apr/21/13
DICTIONARY OF OCCUPATIONAL TITLES (DOT)
See Also, VOCATIONAL EXPERT TESTIMONY
Occupational Information Panel Request Comments
Is a New SSA Occupational Information System in the Works?
SSA’ Project to Replace the DOT Continues
SSA’s Occupational Information System: An Update
Law Review Article on Step 5 Analyzes Alternatives to the DOT
GAO: SSA Can Do More to Modernize Disability Programs
(Modernizing SSA Disability Programs: Progress Made,
but Key Efforts Warrant More Management Focus (June 2012))
What’s Next for a New SSA “Occupational Information System”?
OIS Update: SSA Works with Bureau of Labor Statistics to
Develop DOT Replacement
May/2/10
Dec/10/10
Mar/17/11
May/2/11
June/4/11
July/11/12
Aug/1/12
Dec/1/12
DIRECT DEPOSIT
Direct Deposit – Results of NOSSCR Survey
Mar/1 & 4-5/10
Treasury Department Issues Proposed Regulations Regarding
Paper Checks
June/1/10
Bank “Fact Sheet” for Direct Deposit of Fees
Sept/1/10
Attorneys’ Fees in Social Security Cases Exempt from
Direct Deposit Requirement
Jan/4/11
Attorneys’ Fees Are Exempt from Direct Deposit
Apr/1/12
House Holds Hearing on Direct Deposit of Benefit Payments
to Beneficiaries
Sept/1/12
OIG Reports: Direct Deposit Changes Initiated Through Financial
Institutions and SSA’s Internet and Automated 800-Number
Applications (Dec. 2012); Controls over the Enrollment Process
with the Direct Express Debit Card Program (Dec. 2012)
Feb/9/13
Query: Direct deposit and Multiple Attorney Firms
July/2/13
DISABILITY CLAIMS PROCESS- COMMISSIONER’S PROPOSAL –
DISABILITY SERVICE IMPROVEMENT (DSI)
Chief ALJ memo re: Evaluation of Single Decision-maker RFC
Assessments (note: this memo is later rescinded)
June/10/10
Chief ALJ Memo on SDMs Rescinded – To Be Reissued
Aug/11/10
Revised Memo-Chief ALJ Memo on the evaluation of Single
Decision-maker RFC Assessments
Sept/13/10
Single Decision-makers Cannot Provide Opinion Evidence
Nov/11/10
Update: Single Decision-makers Cannot Provide Opinion
Evidence (Nicholson v. Astrue)
Feb/6/11
SSA Eliminates Decision Review Board – ALJ DSI Rules
Remain in Place
Apr/3/11
Decision Review Board Elimination: What Happens to
Pending Court Cases?
Update on DRB Court Cases: What Caused Sharp
Increase in Appeals?
Federal Register Update: Extension of prototypes
DISABLED ADULT CHILDREN (DAC)
Recent Reports of Interest: SSI beneficiaries eligible as DACs
(Disabled Individuals Potentially Eligible As Auxiliary Child
Beneficiaries (June 2012)
July/3/11
Aug/12/11
June/5/12
June/11/12
DISABLED CHILDREN (SSI)
Supreme Court Update: Encarnacion ex rel George petition
for certiorari filed (Later denied)
Feb/15/10
Practice Tip: Assessing Functional Equivalence in SSI Childhood
Disability Cases (A.H. by Tarissa Williams v. Astrue)
July/10/11
House Holds Hearings on Social Security and SSI Disability Programs Oct/1/11
GAO Finds Small Changes Could Improve the SSI Disability Program June/9/12
SSI Childhood Disability : “Just the Facts” (Reports from CBPP
and NASI)
Dec/14/12
OIG Report: Overall Processing Times for 2010 Childhood Supplemental
Security Income Claims (Feb. 2013)
Feb/9/13
M.G. v. Commissioner of Social Security,
861 F.Supp.2d 846 (E.D.Mich. 2012)
Mar/20/13
Selected Congressional Bills: Allowing military families to secure
SSI and Medicaid benefits for disabled children
(S.1076 and HR 2249)
July/12/13
DISABLED WIDOWS
Underpaid Disabled Widow(er)s, OIG Report Feb 2011
DISMISSAL OF HEARING
Chief ALJ Memo re: Hearing Dismissals – reminder (9/29/10)
Are Hearing Requests Improperly Dismissed? OIG Finds
Improvement Needed
Mar/19/11
Oct/12/10
Jan/7/11
DOWN SYNDROME
Federal Register Update: Proposed change to listings on
Multiple Body Systems for non-mosaic Down syndrome
Final rule on Congenital Disorders (multiple body system) listing
Oct/10/11
Feb/4/13
EARNINGS RECORD
Earnings Record Information Now in Electronic Folder
Time Limits for Correcting My Earnings Record
Practice Tip: Earnings Records on CD
Apr/5/10
Sept/5/10
Nov/2/10
SSA Resumes Social Security Statement
SSA Budget Situation: Shorter Field Office Hours and
Suspension of Statement Mailing
SSA Announces Two Significant Field Office Service Cuts
May/3/12
Oct/5/12
Dec/1/13
ELECTRONIC DISABILITY PROCESS (eDIB)
Earnings record Information Now in Electronic Folder
Apr/5/10
Chief Judge Bulletin re: Providing Copy of Electronic
Folder to Representatives (8/07)
May/5/10
Update: Registration for efolder Access
July/2/10
Focus: Electronic Submission of Evidence: Is It In the Record?
Aug/4/10
How to Register for Online Access to Electronic Folders
Nov/1/10
Practice Tip: Earnings Records on CD
Nov/2/10
Survey Results: SSA’s Online Access
Feb/8/11
Instructions for Submitting Evidence by Electronic Records Express Mar/4/11
NOSSCR Members Respond to Survey on ERE
Mar/6/11
Online Access to Folders at Appeals Council
June/1/11
Congressional Response Report: Applicant Experience with DI
Benefits iClaim Applications, No. A-07-10-20176 (June 2011)
July/11/11
What is the Status of Electronic Services for Representatives? OIG Report:
Electronic Services for Claimant Representatives. (Aug. 2011)
Aug/1/11
Federal Register Update: Public Authentication Process
Aug/6/11
Electronic Services Use Required for Fee Withholding
Sept/2/11
Electronic Services for Claimant Representatives – Excerpts
from SSA Inspector General Report (Aug/ 2011)
Oct/12/11
Electronic SSA-827 Form Starts on Limited Basis
Apr/7/12
Update: Requirement to File Appeals Online
May/1/12
New POMS on Electronic Filing Mandate(GN 03970.010, .017)
Aug/4/13
OIG Report: Cost Savings Planned and Achieved Through the
SSA’s IT Development Initiatives (Oct. 2013)
Oct/13/13
Representing Claimants in the Electronic Environment:
Is Paper Still Applicable?
Nov/1/13
ENDOCRINE DISORDERS
SSA Issues Final Changes to Endocrine Disorders Listings –
Diabetes is Deleted
Apr/1/11
FIBROMYALGIA
Focus: Haynes v. Astrue, M.D. Fla, Jan 12, 2010
Galligan v. Astrue, 656 F.Supp.2d 1067 (D.Ariz. 2009)
Stone v. Astrue, 804 F.Supp.2d 975 (D.Ariz. 2011)
Social Security Ruling on Fibromyalgia Issued (SSR 12-2)
Griffies v. Astrue, 855 F.Supp.2d 257 (D.Del. 2012)
Feb/6/10
Mar/28/10
Feb/41/12
July/1/12
Jan/28/13
Sublette v. Astrue, 856 F.Supp.2d 614 (W.D.N.Y. 2012)
FORMER WORK
Letter to the Editor: Past relevant work performed prior
to adjudication (Naegele v. Barnhart)
Berry v. Astrue, 622 F.3d 1228 (9th Cir. 2010)
Proposed Rule Allows SSA to Skip Step 4 if “Insufficient Evidence”
of Past Work
Gunther v. Commissioner of Social Security,
804 F.Supp.2d 1079 (D.Ore. 2011)
Final Rule Allows SSA to Skip Step 4 if “Insufficient Evidence”
of Past Work
Accommodating an Accommodation Argument
FRAUD
NOSSCR Survey – Continuing Disability Investigations (CDIs)
AM-12053 Credibility Assessments and use of Social Media
Consideration of CDI Investigation Reports in CDR Hearings
OIG Report: Individuals hiding Self-Employment Income to Receive
Disability Insurance Benefits (Jan 2013)
House Holds hearing on Alleged SSDI Fraud in Puerto Rico
FREEDOM OF INFORMATION ACT
FOIA and the Secret ALJ Policy
Filing a FOIA Request on the Secret ALJ Policy
Secret ALJ Litigation Update
Secret ALJ Policy Update: File a FOIA Request
Learn the Name of Your ALJ by Filing a FOIA Request
The Secret ALJ Policy Comes to an End
Secret ALJ Litigation Update
Mar/21/13
Aug/3/10
Dec/16/10
Sept/1/11
Mar/29/12
July/1/12
Nov/3/13
Aug/23/10
May/20/12
Dec/12/12
Feb/9/13
Sept/3/13
June/1/12
Nov/1/12
Dec/1/12
Jan/1/13
Feb/1/13
Mar/1/13
Mar/23/13
GAO and OIG REPORTS
SSI Beneficiaries May be Eligible for VA Benefits: OIG Report
(Supplemental Security Income Recipients Eligible for Veterans
Benefits (Jan. 2010)
Jan/2/10
SSA Inspector General Reports Address ODAR Issues
(ALJ productivity; ODAR Staffing)
Jan/5/10
GAO Reviews ALJ Hiring Process (Office of Personnel Management
Should Review ALJ Program to Improve Hiring and
Performance Management, GAO-10-14 (Jan. 2010)
Jan/9/10
How Does Your ODAR Hearing Office Rate on Staffing (Hearing
Office Performance and Staffing, Audit Report (Feb. 2010)
Mar/7/10
OIG Finds Alabama DDS Allowance Rate “Goal” Creates Perception
of Pressure to Allow Claims (Alabama Disability Determination
Service’s Business Process for Adjudicating Disability
Claims, Feb 2010)
Mar/14/10
OIG Report: Why Do ALJs Allow More Cases Than the DDSs for
Certain Impairments? (Disability Impairments on Cases Most
Frequently Denied by Disability Determination Services and
Subsequently Allowed by Administrative Law Judges,
No. A-07-09-19083 (Aug. 2010)
Aug/1/10
Quality of ODAR Decisions: The Inspector General Reports:
ODAR Decision-Writing Process, Audit Report
A-02-09-19068 (Nov. 2010)
Nov/7/10
Reports Address Future Fiscal Implications for Disability Program
(Congressional Budget Office, SSDI: Participation Trends and
Their Fiscal Implications (7/22/10); GAO, Social Security Reform:
Raising the Retirement Ages Would Have Implications for Older
Workers and SSD Disability Rolls, GAO-11-125 (11/2010)
Nov/10/10
Are Hearing Requests Improperly Dismissed? OIG Finds
Improvement Needed (Evaluation Report: ODAR Hearing
Request Dismissals, No. A-07-10-20171 (Dec. 2010)
Jan/7/11
ODAR’s First In/First Out (FIFO) Procedure – How Often Is It
Applied? (Congressional Response Report: Office of Disability
Adjudication and Review’s Scheduling Procedures for Hearings,
A-12-10-20169 (Fen. 2011)
Mar/15/11
CE Reports and Malingering (OIG Report: Consultative Examinations
at the Indiana Disability Determination Bureau,
A-05-10-21061 (Mar. 2011)
Mar/18/11
SSA’s Response to State Furloughs of DDS Workers (OIG Report:
The SSA’s Response to State Furloughs Impacting Its Disability
Programs, A-01-11-11116 (Mar. 2011)
Mar/18/11
Application of the Workers’ Compensation Offset (OIG Report:
Accuracy of FY 2009 Title II Disability Insurance Benefit
Payments Involving Workers’ Compensation Offsets,
A-04-10-11-14 (Feb. 2011)
Mar/19/11
Underpaid Disabled Widow(er)s, OIG Report Feb 2011
Mar/19/11
Inspector General Issues Report on Video Hearings (Use of Video
Hearings to Reduce the Hearing Case Backlog,
No. A-05-08-18070 (April 2011))
Apr/6/11
OIG Report – SSA’s Strategy for Reducing Initial Claims Backlog
June/15/11
OIG Report- Failure to Cooperate Denials and Initial Claims
Backlog at the California DDS
June/15/11
Implementation of eCAT –Quick Response Evaluation:
The Effects of the Electronic Claims Analysis Tool,
No. A-01-11-21193 (July 2011)
July/11/11
Congressional Response Report: Applicant Experience with DI
Benefits iClaim Applications, No. A-07-10-20176 (June 2011)
July/11/11
Disability Insurance and SSI Claims Allowed But Not Paid,
Audit Report No. A-01-10-10177 (June 2011)
July/11/11
Social Security Disability: Ticket to Work Participation Has Increased
but Additional Oversight Needed,
Report No. GAO-11-324 (May 6, 2011)
July/11/11
OIG Report: Electronic Services for Claimant Representatives.
No. A-05-01124 (Aug. 2011)
Aug/1/11
OIG Report – Senior Attorney Adjudicator Program,
Audit No. A-12-10-11018 (July 2011)
Aug/4/11
OIG Report – Representative Video Project,
Audit No. A-05-09-19101 (Aug 2011)
Aug/4/11
OIG Report- Congressional Response Report: The Social Security
Administration’s Customer Service Delivery Plan,
Audit No. A-07-11-01125 (July 2011)
Aug/4/11
GAO Report – Disability Insurance: SSA Can Improve Efforts to Detect,
Prevent, and Recover Overpayments, GAO-11-724 (July 2011) Aug/4/11
GAO Report: Incapacitated Adults: Oversight to Federal
Fiduciaries and Court-Appointed Guardians Needs
Improvement, GAO-11-678 (July 2011)
Aug/5/11
Electronic Services for Claimant Representatives – Excerpts
from SSA Inspector General Report (Aug/ 2011)
Oct/12/11
SSI Windfall Offset Problems Delay Past Due Title II Payments
OIG Report – Old Age, Survivors and Disability Insurance Benefits
Withheld Pending SSI Windfall Offset, A-09-11-11130 (Nov. 2011))
Dec/7/11Inspector General Reports on SSA’s Oversight of ALJs
(Congressional Response Report: Oversight of ALJ
Workload Trends , Feb. 2012)
Feb/1/12
Representative Payees – Beneficiaries in Suspended Payment
Status Pending the Selection of a Representative Payee,
No. A-09-10-11065 (Feb. 2012)
Feb/21/12
Unnecessary medical determinations for SSI claims – Unnecessary
Medical Determinations for SSI Disability Claims,
No. A-01-10-20120 (Feb. 2012)
Feb/21/12
SSI in excess of federal limits – SSI Recipients Receiving
Social Security Administered Payments in Excess of
Federal Limits, No. A-06-10-21066 (Feb. 2012)
Feb/21/12
Inspector General Issues Reports on ALJs(Congressional Response
Report: Oversight of ALJ Workload Trends , Feb. 2012; SSA’s Review
of ALJ Decisions (Mar. 2012); Congressional Response Report: Oversight
of the Year-end Hearings Process (Mar. 2012))
Mar/1/12
OIG Report on National Hearing Centers: The Role of National Hearing
Centers in Reducing the Hearings Backlog(Apr. 2012)
Apr/12/12
OIG recommends Ways to Expand Video Hearings ( Current and
Expanded Use of Video Hearings (June 2012))
June/1/12
GAO Finds Small Changes Could Improve the SSI Disability Program June/9/12
How Often to ALJs Use VEs? OIG Finds Wide Variation
(Availability and Use of Vocational Experts May 2012)
June/10/12
Recent Reports of Interest: SSI beneficiaries eligible as DACs;
Misuse of benefits by representative payees, Disability
decision disagreements, SSI marriage reports, Older workers
and unemployment, SSA technology modernization
June/11/12
GAO: SSA Can Do More to Modernize Disability Programs
(Modernizing SSA Disability Programs: Progress Made,
but Key Efforts Warrant More Management Focus (June 2012)) July/11/12
Inspector General Questions SSI Payments to Multi-Beneficiary
Households (Management Advisory Report: SSI, Payments
to Multi-recipient Households (Aug 2012))
Aug/7/12
OIG Report (Significance of Administrative Finality in the Social
Security Administrations’ Programs (July 2012)_
Aug/17/12
OIG Report: The Social Security Administration’s Selection Process
for Quick Disability Determinations (July 2012)
Aug/17/12
Are Claimants’ Representatives to Blame for Delay in Scheduling
Hearing? The Inspector General Reports
Sept/13/12
OIG Report: Claimant Representative Fees Paid But Not Withheld
from Title II Past-Due Benefits (Oct. 2012)
Oct/20/12
GAO Report: Income Security: Overlapping Disability and Unemployment
Benefits Should Be Evaluated for Potential Savings (July 2012) Oct/20/12
OIG Report: Disabled Individuals with Mental Impairments in Need of a
Representative Payee (Sept. 2012)
Oct/21/12
OIG Report: SSI Recipients with Automated Teller Machine Withdrawals
Outside the United States (Sept. 2012)
Oct/21/12
OIG Report: Summary of Beneficiaries Incorrectly Identified as
Prisoners (Oct. 2012)
Oct/21/12
OIG Report: Termination of Disability Benefits Following a
Continuing Disability Review Cessation Determination (Nov. 2012) Nov/7/12
OIG Report: SSI Applicants with Earnings Received After Their Disability
Onset Dates and Before Favorable Hearing Decisions (Oct. 2012) Nov/7/12
OIG Report: Fiscal Year 2012 Inspector General Statement on SSA’s Major
Management and Performance Challenges (Nov. 2012)
Nov/7/12
OIG Report: Controls Over Payments Made to Claimant
Representatives at the Hearings Level (Dec. 2012)
Dec/3/12
Congressional Budget Office Report: Supplemental Security
Income: An Overview (Dec. 2012)
Dec/9/12
GAO Report: SSI: SSA Has Taken Steps to Prevent and Detect
Overpayments, but Additional Actions Could Be Taken to
Improve Oversight (Dec. 2012)
Dec/9/12
OIG Report: Training and Development of Hearing Office Group
Supervisors (Dec. 2012)
Dec/9/12
OIG Report: Accumulated Funds Payable to Beneficiaries or Their
Representative Payees (Dec. 2012)
Dec/9/12
OIG Report: Identifying and Monitoring Risk Factors at Hearing
Offices (Jan. 2013)
Feb/8/13
OIG Report: Quick Response Evaluation Report: Sanctioned Medical
Providers and Medical Evidence of Record (Feb. 2013)
Feb/8/13
OIG Report: Grants to the Disability Research Consortium.
Congressional Response Report: The Social Security
Administration’s Disability Research Consortium (Feb. 2013)
Feb/8/13
OIG Report: Access to SSA Data at the Disability Determination
Services (Jan. 2013)
Feb/8/13
OIG Report: Usefulness of Department of Homeland Security Travel
Data to Identify Supplemental Security Income Recipients Who
Are Outside the United States (Feb. 2013)
Feb/9/13
OIG Report: SSA’s Development of Earnings Alerts for SSI
Recipients (Dec. 2012)
Feb/9/13
OIG Report: Individuals hiding Self-Employment Income to Receive
Disability Insurance Benefits (Jan 2013)
Feb/9/13
OIG Report: Overall Processing Times for 2010 Childhood Supplemental
Security Income Claims (Feb. 2013)
Feb/9/13
OIG Reports: Direct Deposit Changes Initiated Through Financial
Institutions and SSA’s Internet and Automated 800-Number
Applications (Dec. 2012); Controls over the Enrollment Process
with the Direct Express Debit Card Program (Dec. 2012)
Feb/9/13
OIG Report: Interagency Agreements with the Office of Personnel
Management for ALJ Services
Feb/15/13
OIG Report: Are Cases Properly Rotated in Hearing Offices
Mar/5/13
OIG Report: ALJ/Public Alleged Misconduct Complaints System (7/ 2013) July/3/13
OIG Report: Effects of the Senior Attorney Adjudicator Program on Hearing
workloads: Audit report No. A-12-13-23002 (June 2013)
July/8/13
OIG Report: Impact of Increases in State Unemployment Rates on the
Social Security Administration's Disability Programs: Evaluation
Report (July 2013)
July/8/13
OIG report: Single Decisionmaker Model – Authority to Make Certain disability
Determinations Without a Medical Consultant’s Signature (Aug. 2013) Aug/12/13
OIG Report: Child Support and the Supplemental Security Income
Program (July 2013)
Aug/12/13
OIG Report: Employers Who Report Wages with Significant Errors
in the employee Name and Social Security Number (Aug. 2013) Aug/13/13
GAO May Overestimate 0.5% SSDI “Improper” Payment Rate
Due to Factors Not Analyzed
Sept/1/13
Inspector General Report Supports Use of “Symptom Validity Tests” Sept/4/13
OIG Report: Sensitive Information at SSA offices (Oct 2013)
Oct/13/13
OIG Report: SDW Payments made to Incarcerated beneficiaries(Oct. 2013)Oct/13/13
OIG Report: SSI High-error Profile Redeterminations (Sept. 2013)
Oct/13/13
OIG Report: Cost Savings Planned and Achieved Through the
SSA’s IT Development Initiatives (Oct. 2013)
Oct/13/13
OIG Report: Disabled Individuals with Mental Impairments Acting
as Representative Payees (Sept. 2013)
Oct/13/13
GARNISHMENT
SSA Proposed Limits on Garnishments of Accounts
Lang v. Social Security Administration, 612 F.3d 960 (8th Cir. 2010)
SSA Issues Interim Final Rules on Creditor Garnishments
from Benefits
Letter to the Editor Re: Administrative wage garnishment
SSA Issues Final Rules on Creditor Garnishments from Benefits
Sykes v. Bank of America, 723 F.3d 39 (2nd Cir. 2103)
GENETIC INFORMATION
Fed. Reg. Update: Use of genetic information in documenting
and evaluating disability
GENITOURINARY DISORDERS
Proposed rule to revise Genitourinary Disorders listing
Extension of expiration dates for Genitourinary Impairments
and Hematological Disorders
GROWTH DISORDERS
Proposed Change to Growth Disorders Listing
April/3/10
Oct/20/10
Feb/1/11
May/3/12
May/4/13
Nov/24/13
Nov/8/13
Feb/4/13
Sept/5/13
May/15/13
HALLEX
SSA Revises “Opening Statement” HALLEX (I-2-6-52)
Apr/7/11
HALLEX I-2-6-52 (revised 4/18/11)
Apr/26/11
U.S. Supreme Court Update: Lockwood v. Commissioner of SSA,
616 F.3d 1068 (9th Cir. 2010) petition for cert filed (later denied) Apr/25/11
Recent HALLEX Revisions
July/7/11
HEADACHES
Focus: Migraines (Moore v. Astrue)
Shauger v. Astrue, 675 F.3d 690 (7th Cir. 2012)
Schultz v. Astrue, 849 F.Supp.2d 1049 (W.D.Wash. 2011)
Comstock v. Astrue, 923 F.Supp.2d 1142 (N.D.Iowa 2013)
June/6/10
June/21/12
Nov/13/12
Nov/24/13
HEALTH CARE REFORM
Information on Health Reform Law
Health Care Reform: What Does It Mean for Disability Claimants
and Beneficiaries?
Health Insurance for Pre-Existing Conditions
HEMATOLOGICAL DISORDERS
Extension of expiration dates for Genitourinary Impairments
and Hematological Disorders
SSA Proposes Changes to Hematological Disorders Listings
HEARING LOSS
Final Rule on Hearing Loss Listing
Federal register update: ANPRM on Hearing Loss and
Disturbances in Labyrinthine-Vestibular Function
Mar/2/10
Apr/4/10
June/5/11
Sept/5/13
Nov/1/13
June/5/10
Sept/5/13
HEARINGS (ODAR)
See Also, STATISTICS for National Ranking Reports; VIDEO HEARINGS
SSA Inspector General Reports Address ODAR Issues
(ALJ productivity; ODAR Staffing)
Jan/5/10
GAO Reviews ALJ Hiring Process (Office of Personnel Management
Should Review ALJ Program to Improve Hiring and
Performance Management, GAO-10-14 (Jan. 2010)
Jan/9/10
National Ranking Report: Average Processing Time
By Hearing Office and Region 12/25/10
Jan/10/10
National Ranking Report, Average Processing Time
by Hearing Office and Region 2/18/10
Feb/8/10
How Does Your ODAR Hearing Office Rate on Staffing (Hearing
Office Performance and Staffing, Audit Report (Feb. 2010)
Mar/7/10
Hearings Held By Hearing Office: FY 2010 through 1/29/10
Mar/15/10
Practice Tip: Video Hearings and Remands
Apr/5/10
Reprint of CALJ Reminder: Claimants Right of Refusal to
Appear By VTC at Place of Hearing
Apr/12/10
ODAR Update: Hearing Receipts Continue to Climb
May/1/10
ODAR Processing Times – April 2010
May/10/10
New ODAR Positions
June/5/10
Correction: New ODAR Positions
July/23/10
Caseload Analysis Report, National ODAR Workload and
Performance Summary
June/11/10
ODAR Processing Tomes (by hearing office) – May 2010
June/12/10
Hearing Requests Filed Continues to Rise
June/17/10
SSA- Not ALJ- Now Allowed to Schedule Hearings in
“Rare Instances”
July/1/10
Federal Register Update: Review of certain determinations
and decisions
July/5/10
Latest ODAR Numbers: What Do They Tell Us?
Aug/1/10
National Hearing Center – Directory
Aug/8/10
Chicago NOSSCR Conference- Report on Efforts to reduce hearing
Backlog, including Senior Attorneys in local hearing offices
Sept/1/10
Fiscal Year 2010 Ends: Where Does ODAR Stand?
Oct/1/10
Quality of ODAR Decisions: The Inspector General Reports
Nov/7/10
ALJ Disposition Data on SSA Website
Jan/2/11
Federal Register Update: New Security Regulations for
Hearing Offices
Mar/14/11
Federal Register Update: Attorney Advisor Program Extended
Mar/14/11
ODAR’s First In/First Out (FIFO) Procedure – How Often Is It
Applied? (Congressional Response Report: Office of Disability
Adjudication and Review’s Scheduling Procedures for Hearings,
A-12-10-20169 (Fen. 2011)
Mar/15/11
New Office Openings FY 2009 or later (as of March 9, 2011)
Mar/22/11
The Right to Decline Video Hearings
Apr/1/11
Inspector General Issues Report on Video Hearings (Use of Video
Hearings to Reduce the Hearing Case Backlog,
No. A-05-08-18070 (April 2011))
Apr/6/11
SSA Revises “Opening Statement” HALLEX (I-2-6-52)
Apr/7/11
HALLEX I-2-6-52 (revised 4/18/11)
Apr/26/11
Video Hearings and Credibility Findings: A Basis for Remand?
Kirby v. Astrue, Holliday v. Astrue
May/3/11
Budget Cuts Force SSA to Close Temporary Report Hearing Sites June/1/11
Recent HALLEX Revisions (I-2-3-10 – scheduling Hearings)
July/7/11
OIG Report – Senior Attorney Adjudicator Program,
Audit No. A-12-10-11018 (July 2011)
Aug/4/11
OIG Report – Representative Video Project,
Audit No. A-05-09-19101 (Aug 2011)
Aug/4/11
ODAR Updates Hearing Level and Appeals Council at
San Antonio NOSSCR Conference
Oct/1/11
Federal Register Update: Review of certain determinations and
decisions
Oct/10/11
FOCUS: Do the Regulations Allow ME Testimony by Telephone?
The Courts Weigh In (Edwards v. Astrue, Morlando v. Astrue,
Ainsworth v. Astrue, Porter v. Barnhart)
Nov/1/11
ODAR Policy Change Removes ALJ’s Identity from Hearing Notice Dec/1/11
NOSSCR letter to Commissioner Astrue and ODAR Deputy
Commissioner re: new ODAR policy on ALJ identity
Dec/3/11
Update: “ALJ Name Removal Policy”
Jan/1/12
Requesting Direct Fee Payment? Electronic Filing Now Required
in Appeals for Reconsideration or for Hearing
Jan/1/12
President’s Message: ALJ Name Removal Policy:
Jan/2/12
National Ranking Report. ODAR Office By Average Processing Time Jan/26/12
Correction: Electronic Appeals Requirement Includes
Disability Report- Appeal (Form i3441)
Feb/2/12
Letter to the Editor: ME telephone testimony
Feb/2/12
President Proposes Slight Increase for SSA in 2013:
Hearing Backlog is Top Priority
Feb/4/12
Federal Register Update: Security regulations for hearing offices
Feb/9/12
Federal Register Update- Information collection:
Claimant’s recent medical treatment
Feb/10/12
President’s Message
Mar/2/12
ALJ Allowance Decision Rates – FY 2010
Mar/26/12
Practice Tip: Rule of Three for Hearing-Level Practice
Apr/11/12
OIG Report on National Hearing Centers (Apr. 2012)
Apr/12/12
Hearing Office Average Processing Time Ranking
Report (10/2011-3/2012)
Apr/14/12
Update: Requirement to File Appeals Online
May/1/12
Procedures for Handling Request for Recordings in non-proprietary
format, Memo from Executive Director OAO (Feb. 2012)
May/94/12
FOIA and the Secret ALJ Policy
June/1/12
Senate Committee Requires Report on “Secret ALJ” Policy
June/2/12
ODAR Pilots Online Hearing Scheduling
July/3/12
New ALJs Hired
Aug/2/12
National Ranking Report by Average Processing Time (7/27/12) Aug/18/12
Hearing Preparation Checklist
Sept/1/12
ODAR Workload and Performance Summary,
National, ending 9/28/12
Oct/11/12
National Ranking Report by Average Processing Time (9/28/12) Oct/12/12
Filing a FOIA Request on the Secret ALJ Policy
Nov/1/12
Secret ALJ Litigation Update
Dec/1/12
Improve Oversight (Dec. 2012)
Dec/9/12
OIG Report: Training and Development of Hearing Office Group
Supervisors (Dec. 2012)
Dec/9/12
Secret ALJ Policy Update: File a FOIA Request
Jan/1/13
Learn the Name of Your ALJ by Filing a FOIA Request
Feb/1/13
OIG Report: Identifying and Monitoring Risk Factors at Hearing
Offices (Jan. 2013)
Feb/8/13
The Secret ALJ Policy Comes to an End
Mar/1/13
National Ranking Report: Average Processing Time
By Hearing Office and Region 2/22/2013
Feb/18/13
The Secret ALJ Policy Comes to an End
Mar/1/13
Are Cases Properly Rotated in Hearing Offices
Mar/5/13
Secret ALJ Litigation Update
Mar/23/13
SSA Issues Final Regulation Allowing Telephone Testimony
May/1/13
OIG Report: Effects of the Senior Attorney Adjudicator Program on Hearing
workloads: Audit report No. A-12-13-23002(June 2013)
July/8/13
Federal Register: Pilot program allowing SSA to schedule
hearing is extended
July/9/13
New POMS on Electronic Filing Mandate(GN 03970.010, .017)
Aug/4/13
NOSSCR Comments: Proposed rules re: Changes to Scheduling
and Appearing at Hearings
Aug/14/13
ODAR National Workload and Performance Summary (Aug. 2013) Sept/9/13
Letter to the Editor: Witnesses appearing by telephone at hearings Oct/2/13
Hearing Level Processing Times: Not Looking Good
Oct/6/13
Caseload Analysis Report – National
Sept/18/10
Changes – and Limits – for Attorney Advisor Program
Dec/3/13
HOMELESSNESS
Federal Register Update: SSI and homeless individuals
Jan/31/12
HOUSEHOLD CHORES
Lawson v. Astrue, 695 F.Supp.2d 729 (S.D.Ohio 2010)
Hughes v. Astrue, 705 F.3d 276 (7th Cir. 2013)
Roddy v. Astrue, 705 F.3d 631 (7th Cir. 2013)
Sept/20/10
Apr/21/13
Apr/21/13
ILLITERACY
Shoulars v. Astrue, 671 F.Supp.2d 801 (E.D.N.C. 2009)
Apr/17/10
INABILITY TO AMBULATE
Practice Tip: Use of Quad Cane and Ability to Perform a Full
Range of Sedentary Work (ALJ decision)
Nov/4/10
INITIAL APPLICATIONS
Representation at the Initial Level: SSAB Report: Filing for Social Security
Disability Benefits: What Impact Does Professional Representation
Have on the Process at the Initial Application Level? (Sept. 2012) Nov/6/12
Recent Reports of Interest: Factors affecting initial level disability
allowance Rates
Nov/6/12
Charts: Initial Level SSDI and SSI Processing Times by Type
of Representation FY 2009 – 2011
Dec/16/12
Chart: Initial Level Allowance Rates; Represented Claims vs.
All Claims. FY 2007-2010
Dec/17/12
INTERIM ASSISTANCE REIMBURSEMENT
Fed. Reg. update: NPRM on electronic interim assistance
Reimbursement
Nov/8/13
JUDICIAL REVIEW/ LITIGATION DELAY
Federal Register Announcement of Addresses for Service
of Process (3/11/10)
NOSSCR Sustaining Members and Brief Writers
FY 2009 Workload Data: Disability Decisions
Kirkland v. Astrue, 683 F.Supp.2d 395 (E.D.N.C. 2010)
Top Ten Circuit Court Cases: 2010
Thomas v Commissioner of SSA, 625 F.3d 798 (3rd Cir. 2010)
FY 2010 Workload Data Disability Decisions –
Initial through Federal Court
Top Ten Circuit Court Cases in 2011, through August 2011
NOSSCR Sustaining Members and Brief writers
FY 2011 Workload Data: Disability Appeals
NOSSCR Sustaining Members and Brief writers
Correction to Brief Writer list in May Forum
A Court Speaks Out (Freismuth v. Astrue)
NOSSCR Sustaining Members and Brief Writers
Fix for Court Administrative records and OCR
Federal Court Filings on the Increase
Mar/22/10
May/21/10
Nov/5/10
Nov/13/10
Jan/3/11
Jan/29/11
Feb/11/11
Aug/1/11
Nov/18/11
Feb/11/12
May/25/12
June/2/12
Mar/18/13
June/23/13
July/9/13
Aug/11/13
KERNER DOCTRINE
Duran v. Astrue, 654 F.Supp.2d 1298 (D.Colo. 2009)
May/20/10
LACK OF COUNSEL
Supreme Court Update – Lamay v. Commissioner,
petition for certiorari denied
SSA Revises “Opening Statement” HALLEX (I-2-6-52)
HALLEX I-2-6-52 (revised 4/18/11)
Wiszowaty v. Astrue, 861 F.Supp.2d 924 (N.D.Ind. 2012)
Andrews v. Astrue, 917 F.Supp.2d 624 (N.D.Tex. 2013)
Feb/15/10
Apr/7/11
Apr/26/11
May/15/13
Sept/16/13
LATE APPEAL
Good Cause for Late Appeal – use of SSR 91-5p
Practice Tip: SSR 91-5p: Mental Incapacity and Extending
the Deadline to Appeal
Hinton v. Astrue, 919 F.Supp.2d 999 (S.D.Iowa 2013)
June/3/11
Aug/6/13
Sept/16/13
LAY WITNESSES
Practice Tip: Credibility of Lay Witness Evidence
(Kilbourne v. Commissioner of Social Security)
Apr/21/11
LISTINGS OF IMPAIRMENTS
Final Rule on Hearing Loss Listing
June/5/10
Final Rule on Extension of Expiration Dates for Several Listings
SSA Issues Proposed Changes to Mental Disorders Listings
– Comments Due November 17
Issues in Proposed Changes to Mental Disorders Listings –
Comments Due November 17
Institute of Medicine Reports to SSA on Cardiovascular
and HIV Listings
Listings/Grids Subscription Order Form for 2011
SSA Reopens Comment Period on Mental Disorders Listings
Listings/Grids Subscription Order Form for 2011
SSA Issues Final Changes to Endocrine Disorders Listings –
Diabetes is Deleted
Federal Register Update: Proposed change to listings on
Multiple Body Systems for non-mosaic Down syndrome
Listings/Grids Subscription Order Form for 2012
Federal Register Update: ANPRM on evaluating language
and speech disorders
GAO: SSA Can Do More to Modernize Disability Programs
(Modernizing SSA Disability Programs: Progress Made,
but Key Efforts Warrant More Management Focus (June 2012))
Listings/Grids Subscription Order Form for 2013
Proposed rule to revise Respiratory System Disorder Listing
Proposed rule to revise Genitourinary Disorders listing
Final rule on Congenital Disorders (multiple body system) listing
SSA Finalizes Changes to Visual Disorders Listings
Proposed Change to Growth Disorders Listing
Federal register update: ANPRM on Hearing Loss and
Disturbances in Labyrinthine-Vestibular Function
Extension of expiration dates for Genitourinary Impairments
and Hematological Disorders
SSA Proposes Changes to Hematological Disorders Listings
Listings/Grids Subscription Order Form for 2014
Extension of Mental Disorders Listings
SSA Proposes Changes to Cancer Listings
Listings/Grids Subscription Order Form for 2014
June/5/10
Aug/1/10
Sept/1/10
Oct/5/10
Oct/21/10
Nov/7/10
Nov/12/10
Apr/1/11
Oct/10/11
Nov/9/11
Feb/10/12
July/11/12
Dec/15/12
Feb/4/13
Feb/4/13
Feb/4/13
Mar/2/13
May/15/13
Sept/5/13
Sept/5/13
Nov/1/13
Nov/25/13
Dec/6/13
Dec/7/13
Dec/13/13
LITIGATION DELAY
See JUDICIAL REVIEW
LOU GEHRIG’S DISEASE
ALS and Date Last Insured
June/4/10
LUPUS
SSA Holds Compassionate Allowance Hearing on
Autoimmune Disease
Mar/1/11
MALINGERING
CE Reports and Malingering (OIG Report- Consultative Examinations
at the Indiana Disability Determination Bureau,
A-05-10-21061 (Mar. 2011)
Mar/18/11
Malingering Tests No Longer Ordered
Apr/1/12
Letter to the Editor Re: Malingering Tests
May/2/12
Inspector General Report Supports Use of “Symptom Validity Tests” Sept/4/13
MANUAL DEXTERITY
Johnson v. Commissioner of Social Security,
652 F.3d 646 (6th Cir. 2011)
MEDIA
60 Minutes and Senate Committee Examine the Social Security
Disability Programs
NOSSCR San Diego Conference Features “Action”
Sharing Our Clients’ Stories
NOSSCR Provides Help for Letters to the Editor
Removing the Safety Net Makes for Unthinkable Alternatives,
(reprinted from Aging Today, Nov.- Dec. 2013)
MEDICAL EXPERTS/MEDICAL ADVISORS
Practice Tip – Cross-Examination of MEs
Practice Tip: Thrombocytosis (Nevels v. Astrue)
Recent HALLEX Revisions (I-2-5-42)
FOCUS: Do the Regulations Allow ME Testimony by Telephone?
The Courts Weigh In (Edwards v. Astrue, Morlando v. Astrue,
Ainsworth v. Astrue, Porter v. Barnhart)
Letter to the Editor: ME telephone testimony
Medical Consultants: Not For Hire
Telephone Testimony by [Vocational] Expert Witnesses:
An Update (Koutrakos v. Astrue)
SSA Issues Final Regulation Allowing Telephone Testimony
Letter to the Editor: Witnesses appearing by telephone at hearings
MEDICAL RECORDS
Delaware Regulations Limit Medical Records Charges
State Payment Rates for Medical Records 12/10
Correction: Medical Records Payment Rates for Connecticut
Dec/17/11
Oct/1/13
Oct/1/13
Nov/7/13
Dec/2/13
Dec/8/13
Apr/11/10
May/9/11
July/7/11
Nov/1/11
Feb/2/12
July/8/12
Aug/20/12
May/1/13
Oct/2/13
Feb/7/10
Dec/4/10
Apr/2/11
State Payment Rates for Medical Records (rev’d Jan. 12)
State Payment Rates for Medical records (rev’d March 2013)
MEDICARE COVERAGE
Federal Register Update: Medicare Part B
Federal Register Update: Medicare Part B
Federal Register Update: Medicare low-income
prescription drug subsidy
MEDICATIONS
Federal Register Update: Medicare low-income
prescription drug subsidy
Herron v. Astrue, 788 F.Supp.2d 809 (N.D.Ind. 2011)
MENTAL IMPAIRMENTS/ INTELLECTUAL DISABILITIES
Black v. Astrue, 678 F.Supp.2d 1250 (N.D.Fla. 2010)
Does the GAF Have any Relevance in Determining SGA
SSA Issues Proposed Changes to Mental Disorders Listings
– Comments Due November 17
Issues in Proposed Changes to Mental Disorders Listings –
Comments Due November 17
Gomez v. Astrue, 695 F.Supp.2d 1049 (C.D.Cal.2010)
SSA Reopens Comment Period on Mental Disorders Listings
Listing 12.05C: When is the “Additional” Impairment Separate
from the Low IQ? (Kliment v. Astrue)
Developing Cases to Meet Listing 12.05(c)
Letter to the Editor: Re: Listing 12.05
Letter to the Editor: Re: Listing 12.05C
Williams v. Astrue, 692 F.Supp.2d 1331 (N.D.Fla. 2010)
Scott v. Astrue, 647 F.3d 734 (7th Cir. 2011)
Recent Reports of Interest: Direct Payment of benefits to
beneficiaries with mental impairments (Sept. 2012)
Federal Register Update: Replacing ‘mental retardation” with
“intellectual disability (78 Fed. Reg. 5755, 1/28/13)
Practice Tip: Memory Index Score
SSA Replaces “Mental Retardation” with “Intellectual Disability”
Is the GAF Still Considered in Disability Claims
OIG Report: Disabled Individuals with Mental Impairments Acting
as Representative Payees (Sept. 2013)
Extension of Mental Disorders Listings
MISCELLANEOUS
Bipartisan Commission to Address National Debt
Jan/11/12
Mar/10/13
July/5/10
Aug/6/11
Jan/31/12
Jan/31/12
Apr/17/12
June/16/10
July/4/10
Aug/1/10
Sept/1/10
Sept/19/10
Nov/7/10
Jan/8/11
June/1/11
Sept/2/11
Oct/2/11
Oct/17/11
Oct/17/11
Oct/21/12
Jan/7/13
Mar/17/13
Aug/2/13
Sept/1/13
Oct/13/13
Dec/6/13
Feb/16/10
SSA Policy for Retention of Paper Claims Folders
Apr/16/10
Forum on Increase in Disability Rolls Available Online
Apr/20/12
CBO Report Offers “Fundamental Change” Options for
the Disability Program
July/4/12New Poll
Shows Strong Support for Social Security
Feb/5/13
The role of primary diagnosis in final allowances (Soc. Sec. Bull. 2013) July/6/13
New Blog on Social Security Disability (DisabilityDunkTank.com) Aug/2/13
MODERATE
Practice Tip: Moderate Limitations in “Concentration, Persistence,
or Pace vs. Limited to “Simple Repetitive Tasks”
(O’Connor-Spinner v. Astrue)
Jan/5/11
Practice Tip: What is the Definition of “Moderate”?
(Grable v. Commissioner)
July/4/11
MRSA
Practice Tip: Proving Disability in MRSA Cases
Sept/7/11
MUSCULOSKELETAL IMPAIRMENTS
Practice Tip on Listing 1.02 (Blackburn v. Astrue, ND Ill. 2012)
Jan/18/12
NON-ATTORNEY FEE WITHHOLDING
See also ATTORNEYS' FEES
New Law Makes SSI Fee Withholding and Non-attorney
Fee Program Permanent
IRS to Issue IRS Form 1099s in January 2011
Is the User Fee Included in the Amount of Fees Received
on Form 1099?
Problems with Incorrect Forms 1099-MISC Continue
Federal Register Update: Revisions to Direct Fee Payment Rules
Electronic Services Use Required for Fee Withholding
Next Exam for Non-attorney Representatives Scheduled
Recent Law Review Article on SSA Non-attorney Practice
SSA Announces Next Exam for Non-Attorney Direct Fee
Payment Eligibility
User Fee Remains at 6.3% in 2014
NON-ENGLISH SPEAKERS
Spanish Additions to the SSA Website
NOSSCR Survey: Spanish- Speaking Claimants
SSA Extends Spanish Language Online Services
NOSSCR
Feb/1/10
Dec/1/10
Jan/1/11
Apr/20/11
Aug/6/11
Sept/2/11
May/2/12
May/9/12
Dec/2/12
Dec/6/13
Mar/2/11
May/10/11
Nov/3/11
Forum Articles Index: January – December 2009
Congratulations to New ALJs
New Orleans NOSSCR Conference Has record Attendance
Congratulations to a New ALJ
NOSSCR Sustaining Members and Brief Writers
NOSSCR Helps Katrina Victims
Improving Appeals Council Practice
Congratulations to New ALJs!
NOSSCR Survey – Continuing Disability Investigations (CDIs)
Chicago NOSSCR Conference Has Record Attendance
Congratulations to a New ALJ
NOSSCR Survey: Representation at the State Agency Level
NOSSCR Board of Directors - 2010-2011
NOSSCR Council of Past Presidents - 2010-2011
Listings/Grids Subscription Order Form for 2011
NOSSCR Membership Logo
Listings/Grids Subscription Order Form for 2011
NOSSCR’s Sustaining Members and Brief-Writers
Survey Results: Representation at the State Agency level
Use of NOSSCR Membership Logo
Forum Articles Index: January – December 2010
NOSSCR Members Respond to Survey on ERE
Senator Harkin Commends NOSSCR
NOSSCR is Now on Facebook! www.facebook.com/nosscr.org
Baltimore NOSSCR Conference Is A Success
Congratulations to New ALJ!
NOSSCR Survey: Spanish- Speaking Claimants
NOSSCR Sustaining Members List
Congratulations to a New ALJ
NOSSCR comments on proposed rule to eliminate requirement to
recontact treating sources (Final rule issued Feb 2012)
NOSSCR Comments to SSA on Fee Petitions
Congratulations to New ALJs
EAJA Survey Results
Congratulations to New ALJs!
ODAR Updates Hearing Level and Appeals Council at
San Antonio NOSSCR Conference
NOSSCR member elected State Bar President-Elect
Listings/Grids Subscription Order Form for 2012
NOSSCR Sustaining Members and Brief writers
NOSSCR letter to Commissioner Astrue and ODAR Deputy
Commissioner re: new ODAR policy on ALJ identity
President’s Message- Opposing View: Disability benefits
Jan/16/10
May/2/10
May/1/10
May/2/10
May/21/10
June/1/10
July/1/10
Aug/2/10
Aug/23/10
Sept/1/10
Sept/2/10
Sept/23/10
Oct/6/10
Oct/9/10
Oct/21/10
Nov/2/10
Nov/12/10
Nov/16/10
Dec/1/10
Dec/2/10
Jan/16/11
Mar/6/11
Mar/20/11
Apr/2/11
May/1/11
May/2/11
May/10/11
May/22/11
June/2/11
June/10/11
June/18/11
July/2/11
July/12/11
Aug/2/11
Oct/1/11
Oct/2/11
Nov/12/11
Nov/18/11
Dec/3/11
remain a vital lifeline
Feb/3/12
Representing Claimants at the Initial and Reconsideration Levels:
NOSSCR Members’ Surveys Results
Feb/14/12
President’s Message
Mar/2/12
Scapegoating Social Security Disability Claimants (and the
Judges Who Evaluate Them. ACS Issue Brief)
Mar/8/12
NOSSCR Sustaining Members and Brief writers
May/25/12
House Hearing on SSA Appeals Process – Witnesses Provide
Divergent Opinions (June 27, 2012)
June/1/12
NOSSCR Statement for the Record: Hearing on Social Security
Disability Appeals Process (June 27, 2012)
July/14/12
New NOSSCR Poll Finds 83% of Likely Voters Believe SSDI
Benefits Should Not Be Cut
Oct/1/12
NOSSCR’s “COLA” Adjustment (dues)
Oct/2/12
NOSSCR Sustaining Members and Brief Writers
Nov/18/12
Nomination Form – Eileen P. Sweeny Distinguished Service Award Nov/83/12
Listings/Grids Subscription Order Form for 2012
Dec/15/12
President’s Message
Jan/2/13
Forum Articles Index 2012
Jan/12/13
President’s Message – attorney fee issues
Feb/2/13
2012 List of Available Materials
Feb/20/13
Social Security Disability: Fact v. Myth
Apr/1/13
President's Message - Contacting Congress
Apr/2/13
NOSSCR Statement for the Record: Hearing on Fair and
Consistent Disability Decisions (Mar. 20, 2013)
Apr/18/23
NOSSCR Conference Features Key Congressional and SSA Speakers May/1/13
NOSSCR “Supreme Court Day”
May/2/13
NOSSCR Testifies at House Oversight Committee Hearing on SSDI June/1/13
NOSSCR Testimony before the House Committee on Oversight and
Government Reform (T. Sutton)
June/13/13
NOSSCR Sustaining Members and Brief Writers
June/23/13
Statement of Richard Morris, Esq. at Padro settlement hearing
July/10/13
NOSSCR Comments: Proposed rules re: Changes to Scheduling
and Appearing at Hearings
Aug/14/13
The new NOSSCR website is live
Aug/20/13
NOSSCR Comments on SSA’s Administrative Finality Rules (9/13) Sept/11/13
NOSSCR San Diego Conference Features “Action”
Oct/1/13
Stay Current About NOSSCR and Social Security Developments
Nov/2/13
Listings/Grids Subscription Order Form for 2014
Nov/25/13
In Memoriam: Sam Boyce
Dec/1/13
NOSSCR Launches Young Members Committee
Dec/2/13
NOSSCR Provides Help for Letters to the Editor
Dec/2/13
Listings/Grids Subscription Order Form for 2014
Dec/13/13
NOSSCR Sustaining Member List
OBESITY
Norman v. Astrue, 694 F.Supp.2d 738 (N.D. Ohio 2010)
Practice Tip: ALJ Reliance on DDS Physicians and
Obesity (Kaminski v. Astrue)
Solsbee v. Astrue, 737 F.Supp.2d 102 (W.D.N.Y. 2010)
Dogan v. Astrue, 751 F.Supp.2d 1029 (N.D.Ind. 2010)
Sawyer v. Astrue, 775 F.Supp.2d 829 (E.D.N.C. 2011)
Arnett v. Astrue, 676 F.3d 586 (7th Cir. 2012)
Three Reforms to Reshape the Obesity Analysis (C. Pashler)
Practice Tip: Obesity: Four Small Tips with Big Gains
Guerra v. Astrue, 918 F.Supp.2d 1180 (D.Kan. 2013)
Dec/16/13
Sept/20/10
Dec/15/10
May/18/11
Sept/21/11
Dec/17/11
June/20/12
Oct/4/13
Oct/5/13
Nov/24/13
ONSET DATE
Practice Tip: What Onset Date to Allege in Subsequent Applications? Jan/8/10
Rowland v. Astrue, 673 F.Supp.2d 902 (D.S.D. 2009)
Apr/17/10
Query
June/3/10
Dennis v. Astrue, 655 F.Supp.2d 746 (W.D.Ky. 2009)
Feb/18/11
A Rookie in Richmond
(Bird v. Comm’r of SSA, 699 F.3d 337 (4th Cir. 2012))
Dec/1/12
Practice Tip: Agree to Amend the Onset Date? Not So Fast!
Dec/13/12
OTHER BENEFITS
Considering Additional Types of Disability or Legal Relief for Your
Social Security Clients. Part I
Mar/1/10
Considering Additional Types of Disability or Legal Relief for Your
Social Security Clients. Part II
Apr/1/10
Letter to the Editor: Re: “Considering Additional Types of Disability
or Legal Relief for Your Social Security Clients”
June/3/10
OVERPAYMENTS
House Hearing on “Improper Payments”
Mar/21/11
House Holds Hearing on Improving Payment Accuracy
June/14/11
GAO Report – Disability Insurance: SSA Can Improve Efforts to Detect,
Prevent, and Recover Overpayments, GAO-11-724 (July 2011) Aug/4/11
Social Security Overpayments and Civil Monetary Penalties
July/1/12
GAO Report: SSI: SSA Has Taken Steps to Prevent and Detect
Overpayments, but Additional Actions Could Be Taken to
Improve Oversight (Dec. 2012)
Dec/9/12
GAO May Overestimate 0.5% SSDI “Improper” Payment Rate
Due to Factors Not Analyzed
Sept/1/13
OIG Report: SSI High-error Profile Redeterminations (Sept. 2013)
Oct/13/13
PAIN
Ray v. Astrue, 649 F.Supp.2d 391 (E.D.Pa. 2009)
Galligan v. Astrue, 656 F.Supp.2d 1067 (D.Ariz. 2009)
Focus: Migraines (Moore v. Astrue)
Letter to the Editor: Useful case law language for the Sixth
Circuit in pain cases
Genier v. Astrue, 606 F.3d 46 (2nd Cir. 2010)
Jones v. Astrue, 623 F.3d 1155 (7th Cir. 2010)
Dennis v. Commissioner of Social Security,
779 F.Supp.2d 727 (E.D.Mich. 2011)
Alesia v. Astrue, 789 F.Supp.2d 921 (N.D.Ill. 2011)
Bjornson v. Astrue, 671 F.3d 640 (7th Cir. 2012)
Jan/29/10
Mar/28/10
June/6/10
July/3/10
July/21/10
Feb/18/11
Jan/45/12
June/20/12
June/20/12
PAST RELEVANT WORK
See FORMER WORK
POMS
U.S. Supreme Court Update: Lockwood v. Commissioner of SSA,
616 F.3d 1068 (9th Cir. 2010) petition for cert filed (later denied) Apr/25/11
POST-TRAUMATIC STRESS DISORDER
A Rookie in Richmond
(Bird v. Comm’r of SSA, 699 F.3d 337 (4th Cir. 2012))
Bouvier v. Astrue, 923 F.Supp.2d 336 (D.R.I. 2013)
Dec/1/12
Nov/24/13
PRE-HEARING ORDERS
CALJ Reminder on Prehearing Orders
Apr/6/12
PRISONERS’ BENEFITS/ FLEEING FELONS
New Law Delays Past Due Benefits If Incarcerated, a “Fleeing
Felon,” or a “Probation/Parole Violator”
Second Circuit Strikes Down SSA’s Policy on Denial of Benefits
for Violations of Probation or Parole
(Clark v. Astrue, 602 F.3d 140 (2nd Cir. 2010))
Clark v Astrue, 602 F.3d 140 (2nd Cir. 2010)
Nationwide Class Certified re: SSA Policy Denying Benefits
for Violations of Probation/Parole (Clark v Astrue,
Case No. 1:06-cv-15521-SHS (S.D.N.Y. Mar. 18, 2011)
SSA Stops Denials and Suspensions Based on Probation or
Parole Violations (EM-11032)
CJB 11-1 Information regarding Clark v. Astrue
Recent HALLEX Revisions (telephonic hearings for prisoners)
Relief to 100,000 Possible in Probation/Parole Violation Litigation
Mar/1/10
Mar/3/10
July/21/10
Mar/16/11
May/5/11
June/16/11
July/7/11
(Clark v. Astrue, (S.D.N.Y. Dec. 2, 2011)
Jan/4/12
Relief to 1400,000 in Probation-Parole Violation Litigation
(Clark v. Astrue, (S.D.N.Y. Apr. 13, 2012)
Apr/10/12
Recent Reports of Interest: Beneficiaries incorrectly identified
as prisoners (Oct. 2012)
Oct/21/12
OIG Report: SDW Payments made to Incarcerated beneficiaries(Oct. 2013)Oct/13/13
PSYCHIATRIC IMPAIRMENTS
Larson v. Astrue, 615 F.3d 744 (7th Cir. 2010)
Averback v. Astrue, 731 F.Supp.2d 977 (D.C.Cal. 2010)
Nov/13/10
Mar/25/11
QUARTERS OF COVERAGE
Bill Introduced to Provide One-Time $250 Payment
No 2011 COLA – Benefits Will Not Increase
2012 COLA is 3.6 Percent – First Increase Since 2009
2013 COLA is 1.7 Percent
2014 COLA is 1.5 Percent
July/11/10
Oct/1/10
Oct/1/11
Oct/1/12
Oct/3/13
QUICK DISABILITY DETERMINATIONS
OIG Report: The Social Security Administration’s Selection Process
for Quick Disability Determinations (July 2012)
Fed. Reg. Update: Quick Disability Determinations and
Compassionate Allowances extended
RECONSIDERATION
Is Reconsideration Coming Back to Prototype States?
Congress Considers SSA Plan
Single Decisionmakers Cannot Provide Opinion Evidence
Update: Single Decision-makers Cannot Provide Opinion
Evidence (Nicholson v. Astrue)
Requesting Direct Fee Payment? Electronic Filing Now Required
in Appeals for Reconsideration or for Hearing
Correction: Electronic Appeals Requirement Includes
Disability Report- Appeal (Form i3441)
Representing Claimants at the Initial and Reconsideration Levels:
NOSSCR Members’ Surveys Results
Update: Requirement to File Appeals Online
Federal Register Update: Extension of prototypes
Social Security Disability and SSI Disability Claims Allowance
Rates-Initial and Reconsideration level by Nation, Region
and State FY 2011
Social Security Disability and SSI Disability Claims Allowance
Rates-Initial and Reconsideration level by Nation, Region
Aug/17/12
Nov/8/13
Apr/1/10
Nov/11/10
Feb/6/11
Jan/1/12
Feb/2/12
Feb/14/12
May/1/12
June/5/12
July/16/12
and State FY 2012
Mar/19/13
Federal Register Update: Extension of prototypes
July/9/12
OIG report: Single Decisionmaker Model – Authority to Make Certain disability
Determinations Without a Medical Consultant’s Signature (Aug. 2013) Aug/12/13
RECORDINGS
Procedures for Handling Request for Recordings in non-proprietary
format, Memo from Executive Director OAO (Fen. 2012)
May/94/12
REENGINEERING / REDESIGN/HPI
See DISABILITY CLAIMS PROCESS- COMMISSIONER’S
PROPOSAL
REMAND to DDS
Will the New Informal Remand Project Help to Reduce
the Disability Backlog?
Practice Tip: Informal Remand Project
Feb/1/12
Apr/11/12
REMAND: “Aged” Cases
“Aged” Remands: New Process to Expedite
Correction: Aged Court Remand Cases
Apr/17/12
July/2/13
REMAND: ALJ DISCRETION
CJB Bulletin: Remands Affected By Service Area Realignment
or Permanent Case Transfers (4/21/10)
Apr/14/10
REMAND: GOOD CAUSE
Proctor v. Astrue, 665 F.Supp.2d 1243 (D.Colo. 2009)
Jones v. Astrue, 647 F.3d 350 (D.C. 2011)
Mar/28/10
Oct/17/11
REMAND v. REVERSAL
Ademakinwa v. Astrue, 696 F.Supp.2d 107 (D.D.C. 2010)
Casper v. Astrue, 706 F.Supp.2d 649 (E.D.N.C.2010)
Brewes v. Commissioner of SSA, 682 F.3d 1157 (9th Cir. 2012)
Pedro v. Astrue, 849 F.Supp.2d 1006 (D.Ore. 2011)
Inman v. Astrue, 920 F.Supp.2d 861 (S.D.Ohio 2013)
Borino v. Astrue, 917 F.Supp.2d 166 (D.R.I. 2013)
Aug/20/10
Oct/20/10
Nov/12/12
Nov/12/12
Sept/16/13
Sept/16/13
REMEDIABILITY
Practice Tip: Assessing Noncompliance (Randall v. Astrue)
Calhoun v. Astrue, 821 F.Supp.2d 435 (D.Mass. 2011)
Failure to Follow Prescribed Treatment: Inability to Afford
Treatment
Slaughter v. Astrue, 857 F.Supp.2d 631 (S.D.Tex. 2012)
May/4/10
July/21/12
Jan/10/13
Jan/29/13
REPRESENTATION
Update on 1099s
Feb/1/10
New Online Adult Disability Report
Feb/2/10
Updated Information on Forum 1099-MISC: SSA Answers Questions
– online powerpoint
Mar/25/10
Processing Center Phone Numbers on SSA Website
Apr/1/10
Practice Tip: Video Hearings and Remands
Apr/5/10
Reprint of CALJ Reminder: Claimants Right of Refusal to
Appear By VTC at Place of Hearing
Apr/12/10
SSA Policy for Retention of Paper Claims Folders
Apr/16/10
Chief Judge Bulletin re: Providing Copy of Electronic
Folder to Representatives (8/07)
May/5/10
Federal Register Update: Representative Disqualification/Suspension System of
Records
Processing Center Phone Numbers
May/15/10
Updated Information for Representatives
June/2/10
SSA Reports Problems with Internet Adult Disability Report
July/12/10
Letter to the Editor: Deposing the Treating Physician
Aug/2/10
Multiple Representatives in the Same Firm: How to Get Paid
Oct/1/10
Practice Tip: Searching the POMS
Oct/5/10
How to Register for Online Access to Electronic Folders
Nov/1/10
Contacts: Fee-related Issues
Nov/3/10
Contacts: Problems with Effectuation of Claimants’
Favorable Decisions
Nov/3/10
Successive Attorneys and Fee Payment
Nov/6/10
IRS to Issue IRS Form 1099s in January 2011
Dec/1/10
Practice Tip: Obtaining Post-Hearing Medical Examinations:
How to Make a Difference (Page v. Astrue)
Dec/3/10
How to Convert an Encrypted E-file CD
Jan/1/11
Is the User Fee Included in the Amount of Fees Received
on Form 1099?
Jan/1/11
Top Ten Circuit Court Cases: 2010
Jan/3/11
Practice Tip: Documenting Disability
Feb/3/11
Survey Results: SSA’s Online Access
Feb/8/11
Find Help at Medpedia
Feb/39/11
The Right to Decline Video Hearings
Apr/1/11
Practice Tip: Retaining Copies of Social Security Files
Apr/4/11
Video Hearings and Credibility Findings: A Basis for Remand?
Kirby v. Astrue, Holliday v. Astrue
May/3/11
Top Ten Circuit Court Cases in 2011, through August 2011
Aug/1/11
What is the Status of Electronic Services for Representatives? OIG Report:
Electronic Services for Claimant Representatives. (Aug. 2011)
Aug/1/11
Letter to the Editor: Faxing evidence to the ALJ
Nov/2/11
Requesting Direct Fee Payment? Electronic Filing Now Required
in Appeals for Reconsideration or for Hearing
Jan/1/12
Review Form 1099-MISC Now to Avoid Tax Problems Later
Jan/1/12
SSA Issues Changes to Rules of Conduct for Representatives
Jan/3/12
Correction: Electronic Appeals Requirement Includes
Disability Report- Appeal (Form i3441)
Feb/2/12
Representing Claimants at the Initial and Reconsideration Levels:
NOSSCR Members’ Surveys Results
Feb/14/12
Contacts: Fee-Related Issues & Problems with Effectuation
Mar/27/12
Practice Tip: Rule of Three for Hearing-Level Practice
Apr/11/12
Update: Requirement to File Appeals Online
May/1/12
SSA Asks for Report on “Duty of Candor and the Submission
of All Evidence
June/3/12
Letter to the Editor
July/2/12
Work History Reports
Aug/1/12
SSA Announces Fees for Nonprogram Services
Aug/16/12
SSAB Report on Non-Profit third party assistance in filing
SSI applications
Aug/17/12
Hearing Preparation Checklist
Sept/1/12
Are Claimants’ Representatives to Blame for Delay in Scheduling
Hearing? The Inspector General Reports
Sept/13/12
Letter to the Editor, Re: Representation
Oct/2/12
Representation at the Initial Level: SSAB Report: Filing for Social Security
Disability Benefits: What Impact Does Professional Representation
Have on the Process at the Initial Application Level? (Sept. 2012) Nov/6/12
Charts: Initial Level SSDI and SSI Processing Times by Type
of Representation FY 2009 – 2011
Dec/16/12
Chart: Initial Level Allowance Rates; Represented Claims vs.
All Claims. FY 2007-2010
Dec/17/12
ACUS Recommends Options for Submission of Adverse Evidence July/1/13
Federal Register Update: Fees for nonprogram-related information Sept/5/13
Hearing Level Processing Times: Not Looking Good
Oct/6/13
Representing Claimants in the Electronic Environment:
Is Paper Still Applicable?
Nov/1/13
User Fee Remains at 6.3% in 2014
Dec/6/13
REPRESENTATIVE PAYEE
Federal Register Update: Transfer of accumulated benefits
by representative payee – Final Rule
GAO Report: Incapacitated Adults: Oversight to Federal
Fiduciaries and Court-Appointed Guardians Needs
Improvement, GAO-11-678 (July 2011)
Mar/29/10
Aug/5/11
Representative Payees – Beneficiaries in Suspended Payment
Status Pending the Selection of a Representative Payee,
No. A-09-10-11065 (Feb. 2012)
Recent Reports of Interest: Misuse of benefits by representative
payees (Individual Representative Payees Who Misuse
Benefits (May 2012))
Recent Reports of Interest: Direct Payment of benefits to
beneficiaries with mental impairments (Sept. 2012)
Improve Oversight (Dec. 2012)
OIG Report: Accumulated Funds Payable to Beneficiaries or Their
Representative Payees (Dec. 2012)
Request for comments on individuals with certain criminal
convictions as representative payees
Recent Congressional Hearings: House hearing on
Representative Payees.
OIG Report: Disabled Individuals with Mental Impairments Acting
as Representative Payees (Sept. 2013)
RES JUDICATA
Focus: Res Judicata and Dismissal of a Second Application
(Smith v. Astrue)
Letter to the Editor: Res Judicata/reopening
RESIDUAL FUNCTIONAL CAPACITY
Chief ALJ memo re: Evaluation of Single Decision-maker RFC
Assessments (note: this memo is later rescinded)
Chief ALJ Memo on SDMs Rescinded – To Be Reissued
Revised Memo-Chief ALJ Memo on the evaluation of Single
Decision-maker RFC Assessments
Single Decisionmakers Cannot Provide Opinion Evidence
Ray v. Astrue, 718 F.Supp.2d 65 (D.D.C. 2010)
Update: Single Decision-makers Cannot Provide Opinion
Evidence (Nicholson v. Astrue)
Bard v. Social Security Administration,
736 F.Supp.2d 270 (D.Me. 2010)
Vincent v. Astrue, 752 F.Supp.2d 914 (N.D.Ind. 2010)
Practice Tip: Is the ALJ’s RFC Supported by the Record
(Eakin v. Astrue)
Federal Register Update: Extension of prototypes
Practice Tip: The Impact of a Prior ALJ’s RFC Finding
Solicitation of comments for the International Classification
of Functioning Disability and Health (ICF)
Olsen v. Astrue, 858 F.Supp.2d 1306 (M.D.Fla. 2012)
Feb/21/12
June/11/12
Oct/21/12
Dec/9/12
Dec/9/12
Feb/4/13
June/10/13
Oct/13/13
May/8/10
July/3/10
June/10/10
Aug/11/10
Sept/13/10
Nov/11/10
Dec/16/10
Feb/6/11
Mar/25/11
Sept/21/11
Dec/9/11
June/5/12
July/13/12
Jan/7/13
Jan/29/13
Wiszowaty v. Astrue, 861 F.Supp.2d 924 (N.D. Ind. 2012)
Guerra v. Astrue, 918 F.Supp.2d 1180 (D.Kan. 2013)
Apr/21/13
Sept/16/13
REOPENING
Carillo-Years v. Astrue, 671 F.3d 731 (9th Cir. 2011)
June/20/12
OIG Report (Significance of Administrative Finality in the Social
Security Administrations’ Programs (July 2012)_
Aug/17/12
SSA Asks for Comments on Reopening Rules
Aug/1/13
NOSSCR Comments on SSA’s Administrative Finality Rules (9/13) Sept/11/13
RESPIRATORY IMPAIRMENTS
Proposed rule to revise Respiratory System Disorder Listing
Feb/4/13
RETIREMENT
Reports Address Future Fiscal Implications for Disability Program
(Congressional Budget Office, SSDI: Participation Trends and
Their Fiscal Implications (7/22/10); GAO, Social Security Reform:
Raising the Retirement Ages Would Have Implications for Older
Workers and SSD Disability Rolls, GAO-11-125 (11/2010)
Nov/10/10
SEIZURE
Seizure Disorders (Logan v. Astrue, SD Ohio, Jan. 24, 2011)
Practice Tip: Documenting Seizures
Williams v. Astrue, 861 F.Supp.2d 688 (E.D.N.C. 2012)
Mar/1/11
Jan/26/13
Mar/21/13
SEVERITY
O’Bosky v. Astrue, 651 F.Supp.2d 1147 (E.D.Cal. 2009)
Wichman v. Astrue, 857 F.Supp.2d 618 (W.D.Tex. 2012)
Feb/15/10
Jan/29/13
SIGNIFICANT NUMBER OF JOBS
Duran v. Astrue, 654 F.Supp.2d 1298 (D.Colo. 2009)
Law Review Article on Step 5: Overcoming Gridlock
Beltran v. Astrue, 676 F.3d 1203 (9th Cir. 2012)(later amended
& superseded)
Beltran v. Astrue, 700 F.3d 386 (9th Cir. 2012)
SIT & SQUIRM
Kirby v. Astrue, 731 F.Supp.2d 453 (E.D.N.C. 2010)
May/20/10
Jan/11/11
July/20/12
Jan/28/13
Mar/25/11
SMOKING
Practice Tip – Smoking: Credibility and Noncompliance
(Deso v. Astrue; Waters v. Astrue)
Dec/6/11
Letter to the Editor, Re: Smoking – Credibility and Noncompliance Feb/17/12
SOCIAL SECURITY ADMINISTRATION
See Also, Re-Engineering, ELECTRONIC DISABILITY PROCESS
(eDIB), DISABILITY CLAIMS PROCESS- COMMISSIONER’S
PROPOSAL
President’s SSA FY 2011 Budget Request Includes 8% Increase
Jan/1/10
OMB Fact Sheet- Proposed SSA Budget for FY 2011
Jan/14/10
SSA Asks for Comments on DAA Policy – Why?
Jan/1/10
New Leadership at ODAR HQ
Jan/2/10
Update: President’s 2011 SSA Budget Request Includes Increase
Feb/35/10
Processing Center Phone Numbers on SSA Website
Apr/1/10
SSA Policy for Retention of Paper Claims Folders
Apr/16/10
Congratulations to a New ALJ
May/2/10
Final Rule on Change from “Wholly” to “Fully”
June/5/10
Chief ALJ memo re: Evaluation of Single Decision-maker RFC
Assessments (note: this memo is later rescinded)
June/10/10
SSA Reports Problems with Internet Adult Disability Report
July/12/10
Chief ALJ Memo on SDMs Rescinded – To Be Reissued
Aug/11/10
Revised Memo-Chief ALJ Memo on the evaluation of Single
Decision-maker RFC Assessments
Sept/13/10
How to Register for Online Access to Electronic Folders
Nov/1/10
Senators Hold Akron, Ohio Hearing on Disability Backlog
Nov/1/10
Reports Address Future Fiscal Implications for Disability Program Nov/10/10
Is a New SSA Occupational Information System in the Works?
Dec/10/10
Carolyn Colvin Confirmed as Principal Deputy Commissioner
Jan/31/11
SSA Funding for Current Year Still Uncertain – Will Reduced
Funding Lead to Longer Delays?
Feb/1/11
Budget Woes and the Impact on Claimants – What Will Happen
if SSA’s Budget is Cut?
Feb/5/11
Survey Results: SSA’s Online Access
Feb/8/11
SSA Holds Compassionate Allowance Hearing on
Autoimmune Disease
Mar/1/11
SSA’s Appropriation for FY 2011 – When Will It Be Final?
Mar/1/11
President Proposes Increase In SSA Budget for FY 2012
Mar/3/11
Federal Register Update: Attorney Advisor Program Extended
Mar/14/11
SSA Budget for FY 2011 Is Final – What Will Happen in 2012?
Apr/9/11
SSA Occupational Information System: An Update
May/2/11
Budget Cuts Force SSA to Close Temporary Report Hearing Sites June/1/11
New Chief ALJ Appointed (D. Bice)
July/2/11
Social Security Field Offices to Begin Closing to the Public
a Half Hour Early
July/19/11
OIG Report- Congressional Response Report: The Social Security
Administration’s Customer Service Delivery Plan,
Audit No. A-07-11-01125 (July 2011)
Aug/4/11
Federal Register Update: Public Forums on Accessibility for
Individuals with Disabilities
Aug/6/11
Federal Register Update: Review of certain determinations and
decisions
Oct/10/11
It’s a New Fiscal Year: What About SSA’s Budget?
Oct/11/11
Disabled-worker awards, by selected diagnostic group, 2010
Nov/13/11
President Proposes Slight Increase for SSA in 2013:
Hearing Backlog is Top Priority
Feb/4/12
FY 2013 Performance Table
Feb/5/12
Federal Register Update- Information collection: Claimant’s
recent medical treatment; Password authentication
Feb/10/12
Scapegoating Social Security Disability Claimants (and the
Judges Who Evaluate Them. ACS Issue Brief)
Mar/8/12
House Hearing on SSA Appeals Process – Witnesses Provide
Divergent Opinions (June 27, 2012)
June/1/12
NOSSCR Statement for the Record: Hearing on Social Security
Disability Appeals Process (June 27, 2012)
July/14/12
GAO: SSA Can Do More to Modernize Disability Programs
(Modernizing SSA Disability Programs: Progress Made,
but Key Efforts Warrant More Management Focus (June 2012)) July/11/12
What’s Next for a New SSA “Occupational Information System”? Aug/1/12
SSA Budget Issues: Impact on Service Delivery?
Aug/13/12
2008 Longitudinal Disability Claims and Appeals Data
Aug/14/12
SSA Announces Fees for Nonprogram Services
Aug/16/12
SSA Budget Situation: Shorter Field Office Hours and
Suspension of Statement Mailing
Oct/5/12
OIG Report: Fiscal Year 2012 Inspector General Statement on SSA’s Major
Management and Performance Challenges (Nov. 2012)
Nov/7/12
Settlement of Class Action Lawsuit on Generalized Bias of
Five ALJs (Padro et al. v. Astrue)
Jan/1/13
Twenty Years Later, SSA Publishes Procedure for Addressing
ALJ Bias and Unfairness (SSR 13-1p)
Jan/1/13
SSA Expands “my Social Security” Online Services
Jan/5/13
Acting Commissioner is Carolyn W. Colvin
Feb/1/13
How Will Sequestration Affect SSA?
Feb/3/13
How Is SSA’s Budget Situation Impacting Service?
Mar/1/13
President Proposes 2014 SSA Budget
May/2/13
Alleged ALJ Bias: Class Action Settlement Proposed
(Padro et.al v. Astrue)
July/1/13
Federal Register: Attorney advisor program extended
July/9/13
Statement of Richard Morris, Esq. at Padro settlement hearing
July/10/13
Federal Register Update: Fees for nonprogram-related information Sept/5/13
ALJ Bias Class Action Settlmenet Receives Final Approval
(Padro v. Astrue, Case No. 11-CV-1788)
SSA Actuary: Allowance rates Drop During Economic Downturns
OIG Report: Cost Savings Planned and Achieved Through the
SSA’s IT Development Initiatives (Oct. 2013)
Social Security Gets Straight A’s for Plain Language
Fed. Reg. Update: Proposed “business process vision under
the Rehabilitation Act of 1973
House Oversight Committee Holds Second Hearing
on the SSDI Program (Nov. 19, 2013)
SSA testimony before House Oversight Committee (G. Sklar)
SSA Announces Two Significant Field Office Service Cuts
Changes – and Limits – for Attorney Advisor Program
SSA Organization Changes
SOCIAL SECURITY AND MEDICARE TRUST FUNDS
Are the Social Security Trust Funds Solvent?
The 2011 Trustees Report
Payroll Tax Cuts and the Social Security Trust Fund
Will the Payroll Tax Cut Continue in 2012?
Is the Disability Insurance Trust Fund Solvent?
The 2012 Social Security Trustees Report
What the 2012 Trustees; Report Shows About Social Security –
Center on Budget and Policy Report (May 2012)
House Hearing on 2012 Social Security Trustees Report
Congressional Hearing Addresses Disability Trust Fund
Financing Challenges
What is the Prognosis for the Disability Insurance Trust Fund?
The 2013 Social Security Trustees Report
New Report on Reallocation to Strengthen DI Trust Fund
SOCIAL SECURITY REFORM
Website Help on How Social Security Reform Options Affect
People with Disabilities
SOCIAL SECURITY RULINGS
Use of Social Security Rulings Evaluate Specific Impairments
SSA Policy Change Precludes Filing of Subsequent
Applications – SSR 11-1p
New Ruling Addresses “Young Adults” in Disability
Determinations – SSR 11-2p
SSR 11-1p Procedures for Handling requests to File Subsequent
Applications for Disability Benefits. 76 Fed. Reg. 45309
SSA Issues Policy Guidance on SSR 11-1p
Oct/1/13
Oct/9/13
Oct/13/13
Nov/2/13
Nov/8/13
Nov/1/13
Nov/12/13
Dec/1/13
Dec/3/13
Dec/11/13
May/1/11
Sept/1/11
Dec/1/11
Apr/1/12
May/10/12
June/5/12
Mar/6/13
May/1/13
May/7/13
Apr/4/11
June/2/11
Aug/1/11
Sept/4/11
Aug/13/11
Nov/1/11
SSR 11-1p: Subsequent Disability Claims Qs & As (SSA 11/15/11) Nov/10/11
Subsequent Disability Claims Q & A (11/15/2011)
Nov/10/11
New POMS Sections Address SSR 11-1p
Apr/4/12
Social Security Ruling on Fibromyalgia Issued (SSR 12-2)
July/1/12
Update: Posthumously Conceived Children (Rescission of AR 05-1(9)) Nov/1/12
Federal Register Update: Acquiescence Ruling on Windfall
Elimination Provision exemption (AR 12-1(8))
Nov/8/12
Federal Register Update: Ruling on SGA for self-employment
by persons who are blind (SSR 12-1)
Nov/8/12
Twenty Years Later, SSA Publishes Procedure for Addressing
ALJ Bias and Unfairness (SSR 13-1p)
Jan/1/13
New SSR Addresses Evaluation of DAA (SSR 13-2p)
Feb/1/13
New SSR on Period Considered in CDR Appeal (SSR 13-3p)
Feb/5/13
SOCIAL SECURITY NUMBERS
Federal Register Update:Assigning SSNs for children age 13 and under Feb/4/13
Federal Register Update: Social Security Number verification
Sept/5/13
OIG Report: Sensitive Information at SSA offices
Oct/13/13
SSA Announces Two Significant Field Office Service Cuts
Dec/1/13
SPEECH DISORDERS
Federal Register Update: ANPRM on evaluating language
and speech disorders
Feb/10/12
STATE AGENCY/DDS
OIG Finds Alabama DDS Allowance Rate “Goal” Creates Perception
of Pressure to Allow Claims (Alabama Disability Determination
Service’s Business Process for Adjudicating Disability
Claims, Feb 2010)
Mar/14/10
DDS Allowance Rates by Nation, Region and State: FY 2009
Mar/26/10
Hearing Assesses Rising Workloads and Customer Service in
SSA Field Offices
Apr/19/10
OIG Report: Why Do ALJs Allow More Cases Than the
DDSs for Certain Impairments?
Aug/1/10
NOSSCR Survey: Representation at the State Agency Level
Sept/23/10
Federal Register Update: Final Rule: Disability Examiners can
allow QDD and Compassionate Allowance claims
without MC/PC approval
Oct/4/10
FY 2009 Workload Data: Disability Decisions
Nov/5/10
Survey Results: Representation at the State Agency Level
Dec/1/10
FY 2010 Workload Data Disability Decisions –
Initial through Federal Court
Feb/11/11
CE Reports and Malingering (OIG Report: Consultative Examinations
at the Indiana Disability Determination Bureau,
A-05-10-21061 (Mar. 2011)
Mar/18/11
SSA’s Response to State Furloughs of DDS Workers (OIG Report:
The SSA’s Response to State Furloughs Impacting Its Disability
Programs, A-01-11-11116 (Mar. 2011)
Mar/18/11
Senator Harkin Commends NOSSCR
Mar/20/11
House Hearing on “Improper Payments”
Mar/21/11
SSD and SSI Allowance Rates- Initial and Recon level FY 2010
Apr/22/11
OIG Report – SSA’s Strategy for Reducing Initial Claims Backlog June/15/11
OIG Report- Failure to Cooperate Denials and Initial Claims
Backlog at the California DDS
June/15/11
Implementation of eCAT – OIG report: Quick Response Evaluation:
The Effects of the Electronic Claims Analysis Tool, (July 2011)
July/11/11
FY 2011 Workload Data: Disability Appeals
Feb/11/12
Recent Reports of Interest: Resolving Issues Identified During the
SSA’s Quality Reviews of Disability Determinations (April 2012) June/11/12
Social Security Disability and SSI Disability Claims Allowance
Rates-Initial and Reconsideration level by Nation, Region
and State FY 2011
July/16/12
SSA Budget Situation: Shorter Field Office Hours and
Suspension of Statement Mailing
Oct/5/12
OIG Report: Access to SSA Data at the Disability Determination
Services (Jan. 2013)
Feb/8/13
How Is SSA’s Budget Situation Impacting Service?
Mar/1/13
Social Security Disability and SSI Disability Claims Allowance
Rates-Initial and Reconsideration level by Nation, Region
and State FY 2012
Mar/19/13
DDS Physician Codes (POMS DI 26510.0990)
May/11/13
Inspector General Report Supports Use of “Symptom Validity Tests” Sept/4/13
STATISTICS
SSA Makes New Data Available Online
National Ranking Report, Average Processing Time
by Hearing Office and Region 2/18/10
Hearings Held By Hearing Office: FY 2010 through 1/29/10
ODAR Processing Time By Hearing Office (Mar. 2010)
ODAR Processing Times – April 2010
DDS Allowance Rates by Nation, Region and State: FY 2009
ODAR Processing Times by Hearing office (June 2010)
National Ranking Report By Average Processing Time
Disabled-worker awards, by selected diagnostic group, 2008
Jan/1/10
Feb/8/10
Mar/15/10
Mar/18/10
May/10/10
Mar/26/10
July/16/10
July/18/10
July/20/10
Latest ODAR Numbers: What Do They Tell Us?
Disability Determinations and Appeals: Initial to AC FY 2008
National Ranking Report by Average Processing Time (7/30/10)
Final outcome of disabled-worker applications 1999-2008
National Ranking Report by Average Processing Time by
Hearing and Regional Offices (9/05/10)
Caseload Analysis Report – National
National Ranking Report by Average Processing Time by
Hearing and Regional Offices (10/20/10)
FY 2009 Workload Data: Disability Decisions
National Ranking Report by Average Processing Time by
Hearing and Regional Offices (02/01/11)
FY 2010 Workload Data Disability Decisions –
Initial through Federal Court
National Ranking Report by Average Processing Time by
Hearing and Regional Offices (03/01/11)
National Ranking Report by Average Processing Time by
Hearing and Regional Offices (04/29/11)
National Ranking Report by Average Processing Time by
Hearing and Regional Offices (04/29/11)
National Ranking Report by Average Processing Time by
Hearing and Regional Offices (08/26/11)
Disabled-worker awards, by selected diagnostic group, 2010
FY 2013 Performance Table
FY 2011 Workload Data: Disability Appeals
Hearing Office Average Processing Time Ranking
Report (10/2011-3/2012)
National Ranking Report by Average Process Time (5/25/12)
Social Security Disability and SSI Disability Claims Allowance
Rates-Initial and Reconsideration level by Nation, Region
and State FY 2011
2008 Longitudinal Disability Claims and Appeals Data
National Ranking Report by Average Processing Time (7/27/12)
New NOSSCR Poll Finds 83% of Likely Voters Believe SSDI
Benefits Should Not Be Cut
National Ranking Report by Average Processing Time (9/28/12)
Charts: Initial Level SSDI and SSI Processing Times by Type
of Representation FY 2009 – 2011
Chart: Initial Level Allowance Rates; Represented Claims vs.
All Claims. FY 2007-2010
OIG Report: Grants to the Disability Research Consortium.
Congressional Response Report: The Social Security
Administration’s Disability Research Consortium (Feb. 2013)
Aug/1/10
Aug/9/10
Aug/12/10
Sept/12/10
Sept/14/10
Sept/18/10
Oct/14/10
Nov/5/10
Jan/12/11
Feb/11/11
Feb/16/11
May/14/11
July/20/11
Sept/17/11
Nov/13/11
Feb/5/12
Feb/11/12
Apr/14/12
June/16/12
July/16/12
Aug/14/12
Aug/18/12
Oct/1/12
Oct/12/12
Dec/16/12
Dec/17/12
Feb/8/13
National Ranking Report: Average Processing Time
By Hearing Office and Region 2/22/2013
Social Security Disability and SSI Disability Claims Allowance
Rates-Initial and Reconsideration level by Nation, Region
and State FY 2012
National Ranking Report: Average Processing Time
By Hearing Office and Region 4/26/2013
ODAR National Workload and Performance Summary (Aug. 2013)
Hearing Level Processing Times: Not Looking Good
SSA Actuary: Allowance rates Drop During Economic Downturns
Caseload Analysis Report – National
National Ranking Report by average processing Time
Appeals Council Workload Data Available Online
Disabled-Worker Awards, by selected diagnostic group, 2012
STUDENT LOANS
Federal Register Update: Student loan discharge for some
disability beneficiaries
Feb/18/13
Mar/19/13
May/16/13
Sept/9/13
Oct/6/13
Oct/9/13
Oct/15/13
Oct/16/13
Nov/10/13
Dec/79/13
Nov/8/12
SUBSEQUENT APPLICATIONS
Practice Tip: What Onset Date to Allege in Subsequent Applications? Jan/8/10
Focus: Res Judicata and Dismissal of a Second Application
(Smith v. Astrue)
May/8/10
Practice Tip: Subsequent Applications: To File or Not to File?
May/4/11
SSA Policy Change Precludes Filing of Subsequent
Applications – SSR 11-1p
Aug/1/11
Letter to the Editor: SSR 11-1p
Aug/2/11
SSR 11-1p Procedures for Handling requests to File Subsequent
Applications for Disability Benefits. 76 Fed. Reg. 45309
Aug/13/11
EM-11052 REV (8/5/11) (later revised)
Aug/16/11
Appeals Council memo to Office of Appellate Operations Employees:
Subsequent Application Policy Change and Guidance
Aug/19/11
An Update: SSR 11-1 and Subsequent Applications
Sept/1/11
EM 11052 REV 2 (9/26/11)
Sept/12/11
SSA Issues Policy Guidance on SSR 11-1p
Nov/1/11
SSR 11-1p: Subsequent Disability Claims Qs & As (SSA 11/15/11) Nov/10/11
Subsequent Disability Claims Q & A (11/15/2011)
Nov/10/11
New POMS Sections Address SSR 11-1p
Apr/4/12
Update: Posthumously Conceived Children (Rescission of AR 05-1(9)) Nov/1/12
SUBSTANCE ABUSE
SSA Asks for Comments on DAA Policy – Why?
Federal Register Request for Comments (75 FR 4900, 1.29.10)
Jan/1/10
Jan/28/10
Lavallee v. Astrue, 759 F.Supp.2d 238 (D.Conn. 2011)
EM 96200 Extended Again (to Aug. 23, 2012)
Newsome v. Astrue, 817 F.Supp.2d 111 (E.D.N.Y. 2011)
DAA “EM” Extended Again (to Feb. 23, 2014)
New SSR Addresses Evaluation of DAA (SSR 13-2p)
Recent DAA Developments (Cage v. Commissioner of Social
Security and Law Review article)
Smith v. Astrue, 916 F.Supp.2d 905 (S.D.Iowa 2013)
SUBSTANTIAL GAINFUL ACTIVITY
No 2011 COLA – Benefits Will Not Increase
Substantial Absenteeism, Special Accommodations, and SGA
(Roop v. Astrue)
2012 COLA is 3.6 Percent – First Increase Since 2009
When is Self-Employment Income SGA?
2013 COLA is 1.7 Percent
Federal Register Update: Ruling on SGA for self-employment
by persons who are blind (SSR 12-1)
2014 COLA is 1.5 Percent
Accommodating an Accommodation Argument
June/25/11
Feb/15/12
Sept/24/12
Oct/5/12
Feb/1/13
Feb/16/13
Sept/16/13
Oct/1/10
Dec/2/10
Oct/1/11
May/9/12
Oct/1/12
Nov/8/12
Oct/3/13
Nov/3/13
SUPPLEMENTAL SECURITY INCOME (SSI)
See Also, ALIENS, DISABLED CHILDREN, SUBSTANCE ABUSE
SSI Beneficiaries May be Eligible for VA Benefits: OIG Report
(Supplemental Security Income Recipients Eligible for Veterans
Benefits (Jan. 2010)
Jan/2/10
New Law Makes SSI Fee Withholding and Nonattorney
Fee Program Permanent
Feb/1/10
Federal Register Update: SSI- Exclusion of Certain Military Pay
from Deemed Income and Resources – final rule
with clarification
Mar/29/10
SSI Changes re: Veterans, Members of the Uniformed Services
and AmeriCorps Volunteers (HEART Act)
Sept/11/10
No 2011 COLA – Benefits Will Not Increase
Oct/1/10
Final Rule on SSI Installment Payments and Dedicated Accounts
Jan/9/11
2012 COLA is 3.6 Percent – First Increase Since 2009
Oct/1/11
Federal Register Update: SSI and homeless individuals
Jan/31/12
Unnecessary medical determinations for SSI claims – Unnecessary
Medical Determinations for SSI Disability Claims,
No. A-01-10-20120 (Feb. 2012)
Feb/21/12
SSI in excess of federal limits – SSI Recipients Receiving
Social Security Administered Payments in Excess of
Federal Limits, No. A-06-10-21066 (Feb. 2012)
Feb/21/12
Recent Reports of Interest: SSI beneficiaries eligible as DACs
(Disabled Individuals Potentially Eligible As Auxiliary Child
Beneficiaries (June 2012) )
June/11/12
Recent Reports of Interest: SSI marriage reports (SSI Recipients Who
Did Not Report Their Marriage to SSA (April 2012))
June/11/12
Inspector General Questions SSI Payments to Multi-Beneficiary
Households (Management Advisory Report: SSI, Payments
to Multi-recipient Households (Aug 2012))
Aug/7/12
House Hearing on Use of Technology in SSI Program
Aug/15/12
SSAB Report on Non-Profit third party assistance in filing
SSI applications
Aug/17/12
2013 COLA is 1.7 Percent
Oct/1/12
Recent Reports of Interest: Foreign ATM withdrawals by
SSI beneficiaries
Oct/21/12
OIG Report: SSI Applicants with Earnings Received After Their Disability
Onset Dates and Before Favorable Hearing Decisions (Oct. 2012) Nov/7/12
Congressional Budget Office Report: Supplemental Security
Income: An Overview (Dec. 2012)
Dec/9/12
GAO Report: SSI: SSA Has Taken Steps to Prevent and Detect
Overpayments, but Additional Actions Could Be Taken to
Improve Oversight (Dec. 2012)
Dec/9/12
OIG Report: Usefulness of Department of Homeland Security Travel
Data to Identify Supplemental Security Income Recipients Who
Are Outside the United States (Feb. 2013)
Feb/9/13
OIG Report: SSA’s Development of Earnings Alerts for SSI
Recipients (Dec. 2012)
Feb/9/13
OIG Report: Overall Processing Times for 2010 Childhood Supplemental
Security Income Claims (Feb. 2013)
Feb/9/13
OIG Report: Child Support and the Supplemental Security Income
Program (July 2013)
Aug/12/13
2014 COLA is 1.5 Percent
Oct/3/13
Legislation to Improve the SSI Program (H.R. 1601)
Dec/5/13
The SSI Appeals Process: A System in Need of Change
Dec/5/13
SUPREME COURT
Supreme Court Update: Ratliff v. Astrue oral argument held
U.S. Supreme Court Holds That EAJA Fees Are Payable to
the Plaintiff (Astrue v. Ratliff)
Letter to the Editor: Astrue v. Ratliff Leave Open 31 CFR §285.5
issues
Supreme Court Update 2010
U.S. Supreme Court Update (Hardisty, Lockwood)
Feb/3/10
June/1/10
June/2/10
Feb/7/11
Apr/25/11
U.S. Supreme Court to Decide Eligibility for Posthumously
Conceived Children (Astrue v. Capato)
Dec/8/11
U.S. Supreme Court Hears Oral Argument on Posthumously
Conceived Children (Astrue v. Capato)
Mar/1/12
Supreme Court Holds Posthumously Conceived Children
Eligible Only Under State Intestacy Law (Astrue v. Capato) May/1/12
NOSSCR “Supreme Court Day”
May/2/13
Posthumously Conceived Children: A Post-Supreme Court Update Aug/3/13
SURVIVOR’S BENEFITS
Court Finds “After Conceived Child” Eligible for Survivors
Benefits (Beeler v. Astrue, N.D. Iowa, Nov. 12, 2009)
Jan/6/10
Fourth Circuit Denies Benefits to Posthumously-Conceived Child
(Schafer o/b/o/ WMS v. Astrue, No 10-1500
(4th Cir. Apr 12, 2011))
Apr/24/11
U.S. Supreme Court to Decide Eligibility for Posthumously
Conceived Children (Astrue v. Capato)
Dec/8/11
Practice Tip: Eligibility for Surviving Divorced Spouse Benefits
Feb/10/12
U.S. Supreme Court Hears Oral Argument on Posthumously
Conceived Children (Astrue v. Capato)
Mar/1/12
Supreme Court Holds Posthumously Conceived Children
Eligible Only Under State Intestacy Law (Astrue v. Capato) May/1/12
Update: Posthumously Conceived Children (Rescission of AR 05-1(9)) Nov/1/12
Supreme Court Decision Impacts Social Security and SSI
Eligibility for Same-Sex Spouses (U.S. v. Windsor)
June/1/13
SSA Begins Processing Claims for Same-Sex Couples
Aug/1/13
Posthumously Conceived Children: A Post-Supreme Court Update Aug/3/13
SSA Begins to Pay Some Surviving Spouse Benefits for
Same-Sex Couples
Dec/4/13
TAXES
Tax Bill Cuts Payroll Tax by 2% for One Year
Payroll Tax Cuts and the Social Security Trust Fund
Will the Payroll Tax Cut Continue in 2012?
Practice Tip: When Fraudulent Tax Returns Affect Social
Security Benefits
Review Form 1099-MISC Now to Avoid Tax Problems Later
Jan/1/11
Sept/1/11
Dec/1/11
Aug/12/12
Jan/3/13
TECHNOLOGY
Recent Reports of Interest: SSA technology modernization:
Improved Planning and Performance Measures Are Needed to Help
Ensure Successful Technology Modernization. (Apr 2012)
June/11/12
GAO: SSA Can Do More to Modernize Disability Programs
(Modernizing SSA Disability Programs: Progress Made,
but Key Efforts Warrant More Management Focus (June 2012))
House Hearing on Use of Technology in SSI Program
THROMBOCYTOSIS
Practice Tip: Thrombocytosis (Nevels v. Astrue)
TRANSFERABLE SKILLS
Focus: Transferability of Skills (Casillas v. Astrue)
TRAVEL REIMBURSEMENT
Recent HALLEX Revisions (I-2-0-70 – reimbursement for travel)
Letter from Glenn Sklar on Travel Reimbursement and
declining video hearings
July/11/12
Aug/15/12
May/9/11
Mar/6/10
July/7/11
Oct/16/11
TRIAL WORK PERIOD
See WORK INCENTIVES
UNEMPLOYMENT BENEFITS
Letter to the Editor: Re: Considering Additional Types of Disability
or Legal Relief for Your Social Security Clients”
June/3/10
CALJ Memo on Unemployment Insurance Benefits –
REMINDER (August 2010)
Aug/10/10
Practice Tip: Social Security Disability Beneficiaries with
Unemployment Insurance Overpayments
Feb/16/12
Recent Reports of Interest (Unemployed Older Workers: Many
Experience Challenges Regaining Employment and Face
Reduced Retirement Security (April 2012))
June/11/12
Recent Reports of Interest: Receipt of SSDI and Unemployment
Insurance (July 2012)
Oct/20/12
The Unemployment Rate and Older Workers: Are They More
Likely to File for SSDI?
Feb/17/13
Senate Bill Would Reduce SSDI Benefits by Receipt of
Unemployment Benefits (S. 1099)
June/3/13
Employment and other characteristics of claimants during
economic downturns (Center for Retirement Research 2013) July/6/13
OIG Report: Impact of Increases in State Unemployment Rates on the
Social Security Administration's Disability Programs: Evaluation
Report (July 2013)
July/8/13
Selected Congressional Bills: SSI and unemployment benefits
(S.1099 and HR 1502)
July/12/13
SSA Actuary: Allowance rates Drop During Economic Downturns Oct/9/13
UNSUCCESSFUL WORK ATTEMPTS
Focus: Assessing Work Efforts as Unsuccessful Work Attempts
Oct/4/11
URBAN INSTITUTE
New Report on Importance of SSDI to Disabled Workers
July/1/13
VETERANS' BENEFITS
SSI Beneficiaries May be Eligible for VA Benefits: OIG Report
(Supplemental Security Income Recipients Eligible for Veterans
Benefits (Jan. 2010)
Federal Register Update: SSI- Exclusion of Certain Military Pay
from Deemed Income and Resources – final rule
with clarification
SSI Changes re Veterans, Members of the Uniformed Services
and AmeriCorps Volunteers (HEART Act)
McLeod v. Astrue, 627 F.3d 1170 (9th Cir. 2010)
How Important Is Social Security to Veterans?
Obtaining Medical Evidence from VA Facilities
King v. Commissioner of Social Security,
779 F.Supp.2d 721 (E.D.Mich.2011)
New SSA-DoD Collaboration Improves Process for
“Wounded Warriors”
Resource for Veterans’ Advocates (NOVA)
VA Disability Benefits Questionnaires
Special Military Extra earnings Credits for Certain Active
Duty Periods
Military Service and Social Security
A Rookie in Richmond
(Bird v. Comm’r of SSA, 699 F.3d 337 (4th Cir. 2012))
Selected Congressional Bills: Allowing military families to secure
SSI and Medicaid benefits for disabled children
(S.1076 and HR 2249)
VIDEO HEARINGS
Practice Tip: Video Hearings and Remands
Reprint of CALJ Reminder: Claimants Right of Refusal to
Appear By VTC at Place of Hearing
The Right to Decline Video Hearings
Inspector General Issues Report on Video Hearings (Use of Video
Hearings to Reduce the Hearing Case Backlog,
No. A-05-08-18070 (April 2011))
Video Hearings and Credibility Findings: A Basis for Remand?
Kirby v. Astrue, Holliday v. Astrue
OIG Report – Representative Video Project,
Jan/2/10
Mar/29/10
Sept/11/10
Feb/1/11
July/5/11
Sept/6/11
Jan/45/12
May/9/12
June/2/12
Nov/3/12
Nov/8/12
Nov/10/12
Dec/1/12
July/12/13
Apr/5/10
Apr/12/10
Apr/1/11
Apr/6/11
May/3/11
Audit No. A-05-09-19101 (Aug 2011)
Aug/4/11
Letter from Glenn Sklar on Travel Reimbursement and
declining video hearings
Oct/16/11
OIG Report on National Hearing Centers: The Role of National Hearing
Centers in Reducing the Hearings Backlog(Apr. 2012)
Apr/12/12
OIG recommends Ways to Expand Video Hearings ( Current and
Expanded Use of Video Hearings (June 2012))
June/1/12
SSA Issues Proposed Regulations on Video Hearing Comments due August 26
June/1/13
VIRTUAL SCREENING UNIT
Practice Tip
Letter to the Editor
Oct/11/11
Dec/2/11
VISUAL IMPAIRMENTS
Federal Register Update: Visual Disorders listings revisions proposed Feb/9/12
Federal Register Update: Ruling on SGA for self-employment
by persons who are blind (SSR 12-1)
Nov/8/12
VOCATIONAL EXPERT TESTIMONY
See Also, DICTIONARY OF OCCUPATIONAL TITLES
Ellwanger v. Astrue, 642 F.Supp.2d 891 (W.D.Wis. 2009)
Jan/29/10
Huizar v. Astrue, 642 F.Supp.2d 614 (W.D.Tex. 2009)
Jan/29/10
th
Ealy v. Comm’r of Social Security, 594 F.3d 504 (6 Cir. 2010)
Mar/28/10
Focus: Hypotheticals to the VE: Are They Supported by Substantial
Evidence in the Record? Nordgren v. Astrue (D.Ore. 2010)
Sept/6/10
Is a New SSA Occupational Information System in the Works?
Dec/10/10
Martinez v. Commissioner of SSA, 692 F.Supp.2d 822
(N.D.Ohio 2010)
Jan/29/11
SSA Occupational Information System: An Update
May/2/11
th
O’Connor-Spinner v. Astrue, 627 F.3d 614 (7 Cir. 2010)
June/25/11
Recent HALLEX Revisions (I-2-5-57 )
July/7/11
Tune v. Astrue, 760 F.Supp.2d 555 (E.D.N.C. 2011)
July/18/11
Callahan v. Astrue, 786 F.Supp.2d 87 (D.D.C. 2011)
Dec/17/11
Practice Tip: Vocational Expert Testimony Challenges
Jan/24/12
Ball v. Astrue, 755 F.Supp.2d 452 (W.D.N.Y. 2010)
Feb/40/12
Santos v. Astrue, 709 F.Supp.2d 207 (S.D.N.Y. 2010)
Feb/40/12
How Often to ALJs Use VEs? OIG Finds Wide Variation
(Availability and Use of Vocational Experts May 2012)
June/10/12
GAO: SSA Can Do More to Modernize Disability Programs
(Modernizing SSA Disability Programs: Progress Made,
but Key Efforts Warrant More Management Focus (June 2012)) July/11/12
What’s Next for a New SSA “Occupational Information System”? Aug/1/12
Telephone Testimony by [Vocational] Expert Witnesses:
An Update (Koutrakos v. Astrue)
Crisis of Confidence: The Inadequacies of Vocational Evidence
Presented at Social Security Disability Hearings. Part I
Crisis of Confidence, Part II (Vocational Resources)
Crisis of Confidence, Part III(Mechanics of VE job identification)
Can the ALJ Rely on the Vocational Consultant’s Form to Satisfy
Step 5? (Arnold v. Commissioner)
What Information is Sent to VEs?
Hill v. Astrue, 688 F.3d 1144 (9th Cir. 2012)
OIS Update: SSA Works with Bureau of Labor Statistics to
Develop DOT Replacement
Cohen v. Astrue, 851 F.Supp.2d 277 (D.Mass. 2012)
SSA Issues Final Regulation Allowing Telephone Testimony
YOUNG ADULTS
New Ruling Addresses “Young Adults” in Disability
Determinations
WEIGHT OF MEDICAL EVIDENCE
Ray v. Astrue, 649 F.Supp.2d 391 (E.D.Pa. 2009)
Terry v. Astrue, 580 F.3d 471 (7th Cir. 2009)
Hernandez-Devereaux v. Astrue, 614 F.Supp.2d 1125 (D.Ore.2009)
Chambers v Astrue, 671 F.Supp.2d 1253 (N.D.Ala.2009)
Crismore v. Astrue, 669 F.Supp.2d 1194 (D. Mont.2009)
Johnson v. Astrue, 597 F.3d 409 (1st Cir. 2010)
How Ironic? Evidence from Medical Sources
Letter to the Editor: Deposing the Treating Physician
DeLopez v. Astrue, 643 F.Supp.2d 1178 (C.D.Cal. 2009)
Hargrove v. Astrue, 700 F.Supp.2d 761 (E.D.N.C. 2010)
Tich Pham v. Astrue, 695 F.Supp.2d 1027 (C.D.Cal.2010)
Rodriguez v. Astrue, 694 F.Supp.2d 36 (D.Mass.2010)
Practice Tip: ALJ Reliance on DDS Physicians and
Obesity (Kaminski v. Astrue)
Practice Tip: Documenting Disability
Court Remands and ALJs with Low Allowance Rates
(Nealy v. Astrue; Pusey v. Astrue)
Will Proposed Regulations Diminish the Treating Physician Rule?
Mussi v. Astrue, 744 F.Supp.2d 390 (W.D.Pa. 2010)
NOSSCR comments on proposed rule to eliminate requirement to
recontact treating sources
Krauser v. Astrue, 638 F.3d 1324 (10th Cir. 2011)
SSA Issues Final Rule on Recontacting Treating Source
Aug/20/12
Aug/3/12
Sept/4/12
Oct/6/12
Oct/16/12
Oct/17/12
Nov/12/12
Dec/1/12
Mar/20/13
May/1/13
Sept/4/11
Jan/29/10
Jan/29/10
Mar/28/10
Apr/17/10
Apr/17/10
June/16/10
July/10/10
10/2/10
Aug/20/10
Sept/19/10
Sept/20/10
Oct/20/10
Dec/15/10
Feb/3/11
Mar/11/11
Apr/1/11
May/18/11
June/10/11
July/18/11
Feb/1/12
Report Recommends Expanding “Acceptable Medical Sources”
Griffith v. Astrue, 839 F.Supp.2d 771 (D.Del. 2012)
Knighton v. Astrue, 861 F.Supp.2d 59 (N.D.N.Y. 2012)
DDS Physician Codes (POMS DI 26510.0990)
Freismuth v. Astrue, 920 F.Supp.2d 943 (E.D.Wis. 2012)
Practice Tip: Submit a Medical Source’s Curriculum Vitae
Freismuth v. Astrue, 920 F.Supp.2d 943 (E.D.Wis. 2013)
Bouvier v. Astrue, 923 F.Supp.2d 336 (D.R.I. 2013)
July/23/12
Sept/24/12
Mar/20/13
May/11/13
Sept/16/13
Sept/17/13
Nov/24/13
Nov/24/13
WEIGHT OF MEDICAL EVIDENCE – ATTORNEY REQUESTED
Punzio v. Astrue, 630 F.3d 704 (7th Cir. 2011)
June/25/11
WEIGHT OF MEDICAL EVIDENCE – EXPLANATION REQUIRED
ALJ Failure to Provide “Good Reasons” for Rejecting Treating
Physician Opinions (Napier v. Astrue, Dukes v. Astrue)
June/23/11
Jones v. Astrue, 647 F.3d 350 (D.C. 2011)
Oct/17/11
Cole v. Astrue, 652 F.d 653 (6th Cir. 2011)
Dec/17/11
Foster v. Astrue, 826 F.Supp.2d 884 (E.D.N.C. 2011)
June/21/12
Chambers v. Astrue, 835 F.Supp.2d 668 (S.D.Ind. 2011)
Sept/24/12
Neydavoud v. Astrue, 830 F.Supp.2d 907 (C.D.Cal. 2011)
Sept/24/12
th
Hill v. Astrue, 698 F.3d 1153 (9 Cir. 2012)
Jan/28/13
WEIGHT OF MEDICAL EVIDENCE – MENTAL HEALTH COUNSELOR
Cole v. Astrue, 661 F.3d 931 (6th Cir. 2011)
Jan/45/12
WEIGHT OF MEDICAL EVIDENCE – Non-Examining physician
Feskins v. Astrue, 804 F.Supp.2d 1105 (D.Ore. 2011)
Feb/40/12
WEIGHT OF MEDICAL EVIDENCE – PHYSICAL THERAPIST
Practice Tip: Weighing Evidence from a Physical Therapist
(Williams v. Astrue, No. 5:10-cv-212 (D.Vt. 2011)
Sept/5/11
WEIGHT OF MEDICAL EVIDENCE- RFC Conflict
Practice Tip: Medical Opinion “inconsistent” with ALJ RFC
Finding (Brooke v. Astrue)
WINDFALL ELIMINATION PROVISION
When Did I Get My Windfall and Why is SSA Trying to
Take it Away?
Federal Register Update: Acquiescence Ruling on Windfall
Elimination Provision exemption (AR 12-1(8))
WORK INCENTIVES
No 2011 COLA – Benefits Will Not Increase
Feb/17/12
Jan/23/12
Nov/8/12
Oct/1/10
SSA Begins BOND Work Incentive Demonstration
Feb/6/11
Social Security Disability: Ticket to Work Participation Has Increased
but Additional Oversight Needed, Report No. GAO-11-324
July/11/11
House Holds Hearings on Social Security and SSI Disability Programs Oct/1/11
2012 COLA is 3.6 Percent – First Increase Since 2009
Oct/1/11
New Report Finds SSDI Discourages Work for “Marginal”
Beneficiaries
Dec/13/11
Federal Register Update: Tickets under the Ticket to Work program Jan/31/12
Tumminaro v. Astrue, 671 F.3d 629 (7th Cir. 2011)
July/20/12
2013 COLA is 1.7 Percent
Oct/1/12
Recent Congressional Hearings: House Hearing on "Encouraging
Work" in the SSDI Program; House hearing on
Representative Payees.
June/10/13
GAO May Overestimate 0.5% SSDI “Improper” Payment Rate
Due to Factors Not Analyzed
Sept/1/13
2014 COLA is 1.5 Percent
Oct/3/13
WORKERS’ COMPENSATION OFFSET
Application of the Workers’ Compensation Offset (OIG Report:
Accuracy of FY 2009 Title II Disability Insurance Benefit
Payments Involving Workers’ Compensation Offsets,
A-04-10-11-14 (Feb. 2011)
Practice Tip: SSDI and Workers Compensation
Mar/19/11
Sept/10/13