Social Security Disability Lawyer Bootcamp Seminar April 18, 2012

                     

The last "boot camp" I attended was for eight  long, hot summer weeks in 1981 when I was in the Air Force.  Well, I may no longer be at my then "fighting weight" of 165lbs, but hopefully I'll need more brain and less brawn at the upcoming full day Social Security Disability Boot Camp Seminar where I will be presenting on April 18, 2012. 

New York Social Security Disability Lawyers can earn up to 8 continuing legal education credits and can sign up for the seminar here.  It is also a great introductory course for non-Social Security attorneys and/or their staff members who may want to learn this area of law.

I will be covering topics such as the difference between SSDI vs. SSI, Social Security Disability appeals, ALJ hearings and mental impairments, such as depression, anxiety and post-traumatic stress disorder (PTSD).    Hope to see you there!

 

Wall Street Journal on Social Security Disability System Review of ALJ Awards and New Surprise ALJ Policy

Are Social Security Disability Judges awarding too many or too few disability claims?  According to an article on the Social Security disability system by Damian Paletta in the Wall Street Journal today, that will be the subject of an independent  review of the federal disability system by the Administrative Conference of the United States  focusing on the work of Social Security Administrative Law Judges (ALJ's).  A draft of the study is due August 2012, with final recommendations due November 2012.

There is certainly a need for improvement on both ends of the spectrum across the country.  Earlier this year, as reported in the New York Times, a class action lawsuit was filed against five Social Security ALJ's claiming anti-claimant bias in the Queens New York Office of Adjudication and Review.    Read my affidavit that was submitted to the federal court regarding the abuses of Social Security Queens Chief Judge David Z. Nisnewitz and ALJ Seymour Fier here.

The plaintiffs in this case, Padrue v. Astrue, recently  won a motion in federal court granting their request for expedited discovery. Depositions of hearing office personnel, and possibly ALJ's in that office, should begin soon.  The case is being handled on a pro bono basis by the national litigation law firm Gibson Dunn.  The relief requested includes wholesale re-hearings going back years for all claimant's denied benefits by the named ALJ's.  This is one example of bad and abusive ALJ's contributing to the ongoing backlog of disability claims at the Social Security Administration. 

On the other, equally bad, end of the spectrum is the case of West Virginia Social Security ALJ David B. Daugherty, who apparently never met a claimant who was not disabled.  Unlike his brethren in Queens, New York, he was suspended for his outstandingly high allowance rate, and eventually retired.  The "Queens 5" continue to hear cases.  I guess granting cases is a more serious offense at Social Security than bullying and intimidating claimants, which was the M.O. for the Chief ALJ Nisnewitz in Queens. Either way, both examples of these "outlier ALJ's"" should be quickly purged from the system. The vast majority of fair ALJ's should not be tarnished by a few bad apples. 

Finally, in what appears to be an attempt by the Social Security Administration to stop certain mega-advocacy   firms from "dumping" weaker cases based upon the ALJ they draw for a particular hearing, Social Security is instituting a new policy starting 12/19/2011 where they will not tell a representative the name of the ALJ hearing a particular case until the day of the hearing.  While the motivation to correct this problem is indeed commendable, it does seem that Social Security is using a rather blunt instrument to correct a cancer that is localized to easily identifiable bad advocates.  

From a policy perspective, the use of "Surprise ALJ's" will necessarily lead to more appeals - further increasing the backlog of disability claims.  I would have preferred that SSA use a "surgical strike" rather than "napalm" to resolve this problem.  Tough to do in a large bureaucracy, but never-the-less worth the effort.  It will be interesting to see whether the new  "Surprise ALJ"  policy advances the quality of ALJ decision-making.

Wall Street Journal on Social Security Disability Doctor Problems

                            

The Wall Street Journal has an interesting article today on doctors working for the Social Security Administration (SSA) evaluating disability claims.   Apparently, these doctors are "revolting" because they feel that the Agency is improperly trying to influence their medical claim decisions in order to process the current backlog of disability claims faster.   The claims of these whiny doctors is all a bunch of hooey! 

The only thing "revolting" about many of these doctors are the poor medical decisions they have been making for years - which in turn are a major contributor to the current backlog of claims. This is nothing new and is not caused by any recent "upheaval".

As an Social Security Disability lawyer  who sees these doctors' decisions reversed on a regular basis by Administrative Law Judges (ALJ's),  I can tell you these doctors rarely make well reasoned, medically justified decisions.

More often, they simply "sign off" on claim denials because it is easier than justifying an award of benefits.  They simply pass the buck to the Administrative Law Judge, who may not see the claim for another six months or more, and then has to make the hard decision to grant or deny a claim. 

To the Social Security Administration's credit, their recent actions are corrective in nature and intended to relieve strain on the backlog of disability claims.  Social Security is simply trying to make sure that doctor's who work for them get it right the first time, thereby decreasing a claimant's wait for a correct decision on their disability claimScore one for SSA Commissioner Astrue!

The real deal is that most of these doctors are unhappy because Social Security is now paying them for  "performance"  on a per claim basis, as opposed to their prior leisurely $90 per hour pace.  These doctors, many of whom have been "retired" from the regular practice of medicine for decades, had a good thing going while it lasted.  When asked to produce, the "semi-retired" Social Security doctors are leaving the system - plain and simple.

And as Wall Street Journal economic policy reporter Damian Paletta correctly points out, bad medical decisions often times result in severe economic hardship for claimants.  The new initiative to improve the previously broken system should be applauded.  Is it perfect? Perhaps not yet. But it was broken long before. 

 

 

   

Basics of Social Security Disability Claims on Video

I recently had the pleasure to give another Social Security Disability claim  on-line video Continuing Legal Education (CLE) course. It was entitled "Social Security Disability Claims Primer" and was presented for the National Academy of Continuing Legal Education. You can sign up for the course here.

You can see my PowerPoint materials for this Social Security Disability claim seminar here.  The materials are more than just a dry legal outline - I actually give lawyers tips on how to prepare client's to testify and how to best to present claims to Social Security Administrative Law Judges( ALJ's).  Feel free to call with any questions.