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LAW OFFICE NOTES OF JAMES R. LINEHAN P.C.

APRIL 12, 2007

Trying to understand the laws and regulations surrounding disability benefits can be incredibly confusing for the layman. It's almost impossible unless you have devoted your education and career to understanding this specific niche. If you want to cut through the all the confusing obstacles that stand in your way, give the offices of James R. Linehan a call as soon as possible. If too much time passes, you could miss out on your Social Security Disability, Federal Workers Compensation OWCP, or OPM medical retirement benefits.
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Good Morning!  The Socal Security Administration has released its own latest self-review; their commentary is posted below. Also the US Attorney office drops all criminal charges against current SSA employees accused of fraud in hundreds of disability claims.  Read on for more detail.
 
SSA REVIEW UNDERWAY IN CONGRESS
  The SSA reviewed itself before the US Congress on February 14, 2007.  The news was not surprising. Committee Chairman Rep. Michael McNulty (D-NY) described the current situation within the SSA disability claims handling process as "unacceptable" noting that delay by the SSA in processing disability claims is "the number one problem". 

SSA Commissioner Michael Astrue agreed and testified that he expects the SSA's level of service under his command to "diminish" even further in 2007 with increasing backlogs.  Commissioner Astrue himself described the SSA as "demoralized" with some SSA offices as "well run" while many others are not. 

The average wait time now for a disability claim to be processed is over two and one-half years in some SSA offices; nearly twice as long as processing times in the year 2000.  Note should be made that these are just the "average" wait times.  The "actual" time to process a claim through completion is even longer.  The number of claims waiting to be heard at the SSA will be over 752,000 this year; twice the amount pending before the SSA in 2000. If you would like to watch the progress of the review of the SSA, click here.

US ATTORNEY DROPS ALL FRAUD CHARGES AGAINST CURRENT SSA JUDGE AND EMPLOYEES
  Previously I had brought you news of the criminal investigation of a SSA Judge and SSA employees who had wrongfully used the testimony of one single social security vocational expert over and over again in hundreds and hundreds of other unrelated disability claims.  The accused SSA Chief Judge Michael Johnson of the Kansas City region has since died. However the four SSA employees accused of helping the Judge remain on the job in the Des Moines Iowa SSA office: a sitting Judge, a Hearing Office director, and two SSA attorneys.  Initial investigation by the Office of Inspector General (OIG) found direct evidence of fraud by the SSA in processing those SSA disability claims. 

The OIG recommended imposing penalties of over $3.8 million against the SSA employees. The OIG found there was sufficient evidence of false representation by the SSA and recommended prosecution by the US Attorney office.  The OIG then referred the matter for criminal prosecution to the US Attorney. 

This year the US Attorney office and OIG, announced with no further explanation, they have dropped all charges and criminal fines and actions against the four SSA employees. No further action will be taken.  In regard to the hundreds of disability claims that were involved, the SSA investigated itself on those claims and determined there was no need for the SSA to reopen any of the claims.
CAN I APPLY ON LINE FOR DISABILITY BENEFITS?
  Yes!   Despite the backlogs and delays, the SSA has provided one service that appears to be working: the ability to apply for disability benefits on-line without the need to visit an SSA office and wait in line for hours. 
To see if you qualify for disability benefits and to apply on line, click here
You can also determine the amount of your future disability benefits by clicking here.
To find answers to frequently asked questions about social security disability benefits click here.
Thank you for your time and comments!  If you have any questions, please feel free to contact me at 1-800-266-9535 nationwide, toll free or email to linehanpc@gmail.com
 
Sincerely,
 

Jim Linehan
James R. Linehan PC