"We generally support the proposed changes in the Notice of Proposed Rulemaking (NPRM) to eliminate the remaining portions of 20 C.F.R., Part 405, and to return to a uniform process throughout the country."

• Full Text of the NOSSCR Comments [PDF]

• Notice of Proposed Rulemaking – 74 F.R. 63688 (Dec. 4, 2009)

Disability Backlog: House Hearing Testimony – Posted: 12/9/09

The current state of SSA’s disability claims backlogs and its ability to address them was the focus of a Congressional hearing held on November 19, 2009, by the House Ways and Means Social Security Subcommittee, “Clearing the Disability Backlogs: The Social Security Administration’s Progress and New Challenges Arising from the Recession.” In his opening statement, Subcommittee Chairman John Tanner (D-TN) noted the progress SSA has made at the ODAR hearing level in reducing the hearings backlog. But, “the bad news” is that the ODAR progress is threatened by the growing backlog in new disability claims.

We are very pleased that Beth Bates, Esq., a NOSSCR member from Jackson, TN, was invited to testify on behalf of the Consortium for Citizens with Disabilities Social Security Task Force, of which NOSSCR is an active member. She is a constituent of Chairman Tanner, whose district is in western Tennessee.

Ms. Bates’ testimony, available at this link, addressed the hardships faced by claimants waiting for a decision on their claims – deteriorating health, loss of financial stability, foreclosure, bankruptcy, and families breaking up. Descriptions of her own clients and those of other NOSSCR members put a human face on the backlog problem.

Other witnesses included SSA Commissioner Michael J. Astrue; Barbara B. Kennelly, Acting Chair of the Social Security Advisory Board; the SSA Inspector General, Patrick O’Carroll; ALJ Larry Auerbach, an ALJ in Atlanta, GA, testifying on behalf of the Federal Bar Association; and a representative from the National Council of Disability Determination Directors.

All of the witnesses’ written statements are available on the Subcommittee’s website at this link.

Disability Due Process: Special Report – Posted: 11/25/09

The News Journal of Wilmington, DE, has published an in-depth series of 11 stories called “Shut Out of Social Security – A Special Report.” The entire series of articles is available online at this link.

The series includes a database regarding ALJ allowance and denial rates between 2005 and 2008. The database allows you to search data in three ways: (1) By state; (2) By Hearing Office; and (3) By ALJ. The database is available at this link.

For a similar searchable database published in December 2008 by an Oregon paper, follow this link.

SSA Failure to Accommodate Visually Impaired [PDF] – Posted: 10/28/09

A federal district court judge in California has ruled that SSA violated Section 504 of the Rehabilitation Act, and its implementing regulations, by failing to provide “meaningful access” for SSA programs to all blind and visually impaired individuals. American Council of the Blind, et al. v. Astrue, No. C 05-04696-WHA (N.D.Cal. Oct. 20, 2009).

Plaintiffs in this nationwide class action, filed in 2005, sought to compel SSA to provide alternative formats of communication that would enable the class to have more equal access to participate in SSA programs. Specifically, the plaintiffs seek to have SSA provide its standard-print notices in formats such as Braille, large print, audio CD, and e-mail. Currently, notices are not provided in any of these formats. The court ordered very specific relief, requiring SSA to comply within certain timelines.

Supreme Court to Decide EAJA Payee – Posted: 10/5/09

"Fleeing Felon" Nationwide Settlement – Update: 10/5/09

New Nominee for SSA Principal Deputy Commissioner – Posted: 10/5/09

President Obama has announced his intent to nominate Carolyn W. Colvin for Principal Deputy Commissioner of Social Security. The Principal Deputy Commissioner is the number 2 position at SSA. The Deputy Commissioner of Social Security position is designated in the Social Security Act, 42 U.S.C. § 902(b)(1), shall by appointed by the President, and confirmed by the U. S. Senate. The position has a six year term, like the Commissioner. The next step in the process is a confirmation hearing before the Senate Finance Committee and then a vote by the full Senate.

Ms. Colvin has previously served at SSA during the Clinton Administration for more than six years. Former Commissioner Shirley Chater appointed her as Deputy Commissioner for Policy and External Affairs in 1994 and then Deputy Commissioner for Programs, Policy, Evaluation and Communications in 1995. Former Commissioner Kenneth Apfel appointed her as Deputy Commissioner for Operations in April 1988.

OIDAP: DOT Replacement & "Occupational Information System"

NOSSCR and its members were invited to provide input to the Occupational Information Development Advisory Panel as it prepared to issue its recommendations in September 2009. A number of NOSSCR members provided us with information and suggestions, which helped us to form NOSSCR’s preliminary comments to the Panel. The reports of the panel subcommittees are availabe online: www.ssa.gov/oidap/. NOSSCR will submit more detailed and specific comments responding to the Panel’s recommendations

NOSSCR Joining Coalition Effort to Adequately Fund SSA

NOSSCR recently signed on to four letters sent by the Consortium for Citizens with Disabilities to key Congressional Appropriations Committees and Subcommittees supporting efforts to fund SSA in FY 2010 at the level requested by the President -- $11.6 billion. This amount represents a nearly 10% increase over the FY 2009 appropriation. Funding at this level is critical to address the backlogs in initial and hearing level disability decisions and to carry out other critical SSA workloads. The letters include a description of cases sent from NOSSCR members regarding the hardships their clients face while waiting for decisions on their claims.

The letters sent to the House and Senate Appropriations Subcommittees with jurisdiction over SSA are linked below. Letters also were sent to the Chairmen and Ranking Members of the House and Senate Appropriations Committees.

CCD Letter to House Appropriations Subcommittee – July 2009 [PDF]

CCD Letter to Senate Appropriations Subcommittee – July 2009 [PDF]

New Fee Cap Increase Effective June 22, 2009

There are new HALLEX and POMS provisions to implement the fee cap increase to $6,000, in fee agreement cases, effective June 22, 2009:

HALLEX I-5-1-18
Increased Dollar Cap for Fee Agreements (issued June 19, 2009)

POMS GN 03943.005
Policy Overview for Increased Specified Dollar Cap on Fee Agreements

POMS GN 03940.003
Fee Agreement Evaluation

ODAR Publishes "Best Practices for Representatives" [PDF] – Posted: 6/11/09

ODAR Deputy Commissioner David Foster discussed this document during his presentation at the recent Washington, DC, NOSSCR conference. NOSSCR will prepare a response to this ODAR list of “Best Practices for Claimants’ Representatives.” The response will include NOSSCR recommendations, offered over the past few years, for improving the hearing process.

SSA to Hire More Staff & Open New Hearing Offices: – Posted: 5/5/09

The Disability Backlog: Media Coverage — Updated: 5/4/09

Medicare Waiting Period: Reform Legislation – Posted: 3/28/09

Eliminating the Disabilty Backlog – Posted: 3/28/09

CCD (and NOSSCR) Testimony before Ways and Means Joint Subcommittee Hearing

Fee Cap Raised to $6,000 – Posted: 2/11/09

SSA has announced that the statutory fee cap in fee agreement cases will be raised from $5,300 to $6,000, effective June 22, 2009. 74 Fed. Reg. 6080 (Feb. 4, 2009).

See the March 2009 Forum for additional details, including SSA-approved language for "escalator" clauses to cover future cap changes in fee agreements.

The SSA announcement does not include a provision for an annual cost-of-living adjustment. An automatic COLA adjustment can be put into effect only by legislation. We will continue our efforts to have a COLA provision enacted.