LAW OFFICE NOTES OF JAMES R. LINEHAN P.C.
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The Social Security Administration, facing criticism for the long delays in processing claims, has announced new technology to speed up the disability claims process.  And guess who is fighting to prevent the use of this new technology?  Read on for more details.
 
SOCIAL SECURITY ANNOUNCES NEW INTERNET TECHNOLOGY TO SPEED UP DISABILITY CLAIMS PROCESSING: OPPOSITION ALREADY FORMING
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Since 2000 the SSA has failed miserably to keep up with the increasing numbers of disability claims being filed.  By its own account the waiting time for a disability claim to be processed by the SSA is measured, not in months, but in years.  The number of cases waiting to be heard now exceeds 750,000.

CBS Evening News recently presented a primetime investigation of the failures of the SSA to timely process claims: "Disabled and Waiting".

In response, the SSA has announced and implemented new technology and plans in attempt to speed up the disability claims process.

ONLINE FILING and APPEALS

One of the first and most promising innovations is that claimants can now avoid the long lines at the SSA offices and file their disability claim and appeals online.  The SSA has digitized most of its claims forms on its website: www/ssa/gov.    A claimant who wishes to file a new application for disability benefits can now apply directly online.  The SSA website will take the claimant through a series of questions and forms to fill in online and then submit the application to the proper SSA office for that claimant. If the claim is then denied by the SSA, the claimant can now file her appeal online as well by going to the SSA appeals website.

BARCODE IDENTIFICATION

Once a claim is filed the SSA will now assign and provide to that claimant a computer barcode. That barcode contains details of the claimant and her claim with the SSA.  Claimant who have new or additional medical reports or other paper documents to submit to the SSA will place a copy of that barcode on top of any new documents and can fax or mail that to the SSA.  The SSA will then be able to use the barcode to make sure that the documents are routed to the proper SSA office and claims file.  

MEDICAL RECORDS EXPRESS FILING

The SSA also makes it easier for medical providers to send claimants' medical files directly to the SSA.  Instead of printing out reams of paper reports for claimants and charging the claimants for copy costs,  medical offices can file a claimant's medical records directly on line with the SSA, saving time and money for the claimant.  All SSA claimants should notify and encourage their medical providers to use the SSA Electronic Records Express website to file needed medical records in a claim directly with the SSA online.

DIGITAL FILE

The SSA now digitizing the majority of claims files.  Thus instead of storing, copying, and mailing huge paper files, the claims file will be in digital format. And per SSA Policy CJB 07-06 (08/20/07) the SSA must provide a copy of the electronic case file to the claimant or her representative on CD-ROM upon request.  A SSA Form 3288 can be used to make this request.

NATIONAL HEARING CENTER

On December 17, 2007 the SSA implemented the National Hearing Center.  This Virginia office will have an initial panel of seven SSA judges who will start conducting hearings of long delayed disability claims located around the country by video teleconference. By concentrating the judges in one area and  conducting hearings by video from locations across the country the plan is that multiple hearings can be held and processed more quickly and efficiently than the current face-to-face hearings that takes months and years to currently schedule in local SSA offices.

"FIT" PROGRAM

Finally the SSA has mandated use of the Findings Integrated Template Program, also known as "FIT".   FIT is an online tool that allows representatives and SSA Judges to quickly format and produce a claim's decision.  Representatives can use FIT to format a proposed decision on a claim for submittal to a SSA Judge prior to a hearing.  If the SSA Judge agrees with the proposal he need only approve the FIT decision and there is no need for a hearing; once again saving time and money.


Opposition Forming to New Technology

So with these new technologies being implemented by the SSA to help deserving claimants and families obtain their needed disability benefits, what could be the hold up and obstruction?  Not surprisingly,  the opposition to these new processes to speed up the SSA comes from within the SSA itself; its own staff and judges.

The SSA Judges' union, the Association of Administrative Law Judges is strongly opposing the National Hearing Center.  SSA Judges are appointed for life with salaries of more than $100,000 on average with additional full federal medical, disability and retirement benefits. SSA Judges currently are essentially unregulated as to when and how often they must hold hearings and when they must produce decisions in claims. The ALJ Union argues that the National Hearing Center will result in eventual closing of the local SSA hearing offices and subsequently the loss of jobs for many localized SSA Judges. 

In regard to the new FIT program, designed to speed up the decision making process by SSA Judge's by using pre-formatted online decisions, not surprisingly, not all SSA Judge's are using the FIT program and continue to hold hearings when more than likely no hearing was necessary.  In addition the SSA FIT program has already failed to keep up with current software and is now incompatible with the most current Word and Office programs.

In regard to the use of digital files and CD-ROMS, many SSA local offices continue (either out of lack of training or knowledge or even perhaps out of fear of loss of job security) to keep claims files in unnecessary, expensive and cumbersome paperfiles.  Many claimant's routinely complain that when they properly request to be provided copies of their claims files the local SSA office staff simply refuse to comply and provide file copies.  These acts of defiance by local SSA offices lead to further delay and frustration as claimants are left wondering for months or even years as to what the status is of their claim and what the SSA local office is doing to process their claim.
VA ORDERED TO RESPOND TO MEDICAL REQUESTS
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Military veterans who apply for social security disability benefits need to provide SSA forms of their medical treatment to the SSA to prove their disability claim.  In the past, these vets have been frustrated as the VA doctors and medical staff generally refused to respond to such requests for completion of these medical forms in SSA claims.
However that has now changed. 
VHA Directive 2007-024 requires the VA medical  to honor all requests by patients for completion of non-VHA medical forms.
All veterans who are applying for SSA disability and finding that their VAMC facility is refusing to complete SSA forms should provide this directive to their VAMC director.
Click here to obtain the VHA Directive 2007-024.
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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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