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NOSSCR Conference offers insights for Social Security Disability claimants' attorneys

Posted: November 11, 2010

Three high-level government officials offered insights into the Social Security Disability process at the recent NOSSCR (National Organization of Social Security Claimants Representatives) conference in Chicago.

Kathryn Olson, staff director, Social Security Subcommittee of the Committee on Ways and Means, reported her committee will be focusing on the upcoming report to be released by the National Commission on Fiscal Responsibility and Reform, which will deliver options to reform Social Security. Olson said the Commission is considering changing the retirement age, changing the benefit formula, and the way cost of living adjustments (COLA) are calculated. She said the Committee must have a super majority of members (14) in agreement regarding the recommendations they will make to Congress. Although Social Security Disability is not directly mentioned in the proposed changes, she acknowledged that, given the interconnection of all Social Security programs any changes will affect SSD benefits.

Glenn Sklar, deputy commissioner, SSA Office of Disability Adjudication and Review (ODAR) said the agency has been making progress in reducing the backlog of cases throughout the country. Nationwide, almost all cases pending more than 825 days have been cleared, with the national average predicted to be below 400 days this September (these numbers have not been officially reported to date) for the first time in more than six years. The goal is to average 270 days nationwide by 2013. Progress in clearing the backlogs can be attributed to several factors, including increases in Administrative Law Judges (ALJs) and their support staff. Currently there are 4.5 support staff to each ALJ and by the end of 2011 Sklar predicted there will be 1,400 ALJs.

ODAR has also doubled the number of Administrative Appeals Judges, raised the number of analysts to 400 and initiated a “Virtual Screening Unit” (VSU) consisting of 100 ODAR attorneys who screen electronic folder cases from hearing offices around the country. Claimants representatives were told they cannot request screening by the VSU because the cases are selected nationally, and they should continue to request on the record decisions at their local hearing offices, regardless of whether their cases may have been screened at the VSU level.

He also announced the opening of five new hearing offices, and suggested claimants’ attorneys be tolerant of new staff in these offices who will go through a learning curve in mastering their jobs. Sklar also noted ODAR is concerned about and is addressing attorneys’ concerns that claimants and their representatives sometimes do not receive hearing decisions, which are issued by a centralized printing and mailing unit after this unit receives notification from the local hearing office. He acknowledged this is typically caused by human error, however, ODAR sends out 4 million notices and decisions each year and the failure rate is significantly below 1 percent.

Sklar also reported the number of claimants attorneys utilizing efolders (filing claims electronically) is increasing and the goal is to sign up 500 attorneys per month for efolder access at hearing offices for the next year.

Judge David Hamilton of the U.S. Court of Appeals for the 7th Circuit addressed the practice issue of if, when drafting briefs, it is better to separate the statement of the facts and the legal arguments or to have a somewhat brief statement of the facts and supplement those facts in the argument section of the brief. In his opinion, the Judge said, it is preferable to mix the detailed facts with the legal argument. However, he indicated, each judge has personal preferences so it is to the attorney’s advantage to be familiar with the way his or her local appellate judge likes to work. Although this may appear to be insignificant, claimants attorneys recognize these decisions can make the difference between winning and losing a client's case.

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