JANUARY 4, 2009
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Greetings!

Welcome to the New Year of 2009!  With the new year and the new administration and new department heads soon moving into their offices, will there be changes made to various federal agencies?  The Social Security Administration has now issued its self-review for the past year, read on below for more details.
 
SOCIAL SECURITY ADMINISTRATION ISSUES SELF-REVIEW OF CLAIMS PROCESSING

The SSA has issued its self-review of its performance in handling and processing of disability claims for the past year; but only through October 2008.

The SSA reports that it now has the second highest number of cases pending review.  At the end of October 2008 there were 766,905 unresolved claims waiting at the SSA for processing.

The SSA reported that "only" 281 claims were left that have been waiting more than 900 days for processing. However, more than 165,000 claims remain to be processed by the SSA after being on the shelf without workup for more than 850 days.

The SSA reports that it has only hired 62 additional judges to hear claims and due to budget restrictions, will not likely hire any more judges until late 2009.  The US Congress has cut the budget requested by the SSA to operate  for the next 6 months by $300 million and will likely cut the SSA operating budget another $300 million the next 6 months as well.  The loss of $600 million to the SSA operate will undoubtedly causes significant and mounting delays in the processing of disability claims.

The SSA noted that it uses the Dictionary of Occupational Titles (DOT) to determine whether or not a claimant can perform other jobs and thus is not disabled and not entitled to benefits.  However the DOT has not been updated by the federal government since 1991.  As such, the SSA and federal government continue to rely on jobs that no longer exist; such as "elevator operator", or rely on obsolete job descriptions such as describing a computer operator as a person who physically loads tapes on to computers and flips switches on and off to operate computers.  The SSA estimates that another 5 years will pass before the DOT may be considered for updating, by then however, once again the DOT will be out of date.

The SSA is considering the use of enhanced video hearings that would allow representatives and their clients to "attend" disability hearings from the privacy of the representative's own office through desktop video.  Use of this program would allow clients and representatives to attend hearings without the need to travel to inconvenient SSA offices only to wait for hours.  This proposal is only being considered by SSA with no real nationwide use yet.

The SSA reported that the average processing time for a disability claim from initial application to administrative hearing was 476 days.  The fastest claims processing SSA office was Mayaguez, Puerto Rico which came in at 146 days.  The slowest processing SSA office was Madison Wisconsin at 712 days.

The SSA reported that in 20 hearing offices, more than 1 out of 10 scheduled disability hearings are remand hearings: cases that were previously denied disability but later overruled on appeals and returned to the hearing offices for a rehearing.  And in 2 hearing offices, McAlester Oklahoma and San Bernardino California, more than 15.5 percent of waiting hearings were actually remands; indicating an even higher number of wrong decisions being handed out by those particular SSA hearing office judges.  The average waiting time for a claimant to have his case reheard by the SSA following a court ordered remand was another 369 days. 

The SSA reported that there were approximately 2,100 remands claims waiting more than 1,000 days for a hearing.  Of those claims, 10 claims were noted to have been waiting up to 1,839 days for the SSA to schedule a hearing.  In one disability remand claim the SSA noted it took the SSA over 400 days simply to assign the case to an office clerk.


 
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 Veterans Disability Benefits, Social Security Disability, OWCP Federal Workers Compensation, or OPM medical retirement benefits.
Our clients have the backing of an attorney who is in good standing with the United States Federal Circuit Court of Appeals, the United States Court of Appeals for the Ninth and Tenth Circuits, the Northern, Western, and Eastern Federal Courts of Oklahoma, the State of Oklahoma, and the Western District Federal Court of Texas. At the offices of James R. Linehan, we aggressively and ethically defend your rights as a federal worker.
 
Shinseki
NEW SECRETARY OF VETERANS AFFAIRS NOMINATED BY OBAMA

President-elect Barack Obama on Sunday named retired Gen. Eric Shinseki as his choice to be the next secretary of veterans affairs.Shinseki, the first Japanese-American four-star general in the Army, is best known for clashing with then-Defense Secretary Donald Rumsfeld before the invasion of Iraq, when Shinseki warned that the Bush administration was not planning to send in enough troops.
There's special significance to Obama using this day - Dec. 7 - to announce his choice of Shinseki: This is the 67th anniversary of the Japanese attack on Pearl Harbor - a moment in the nation's history both Obama and Shinseki understand well, as both grew up in Hawaii.
Shinseki graduated from West Point in 1965, then served two tours of combat duty in Vietnam. He was wounded there, losing part of his foot when he stepped on a land mine.
Shinseki rose through the ranks of the Army to become the first Asian-American four-star general and, ultimately, the first Asian-American to head one of the military branches.
"And there is no one more distinguished, more determined or more qualified to build this VA than the leader I am announcing as our next secretary of veterans affairs - Gen. Eric Shinseki," Obama said Sunday.
Shinseki proved prophetic in 2003 when, during the buildup to the invasion of Iraq, he warned a congressional committee that securing Iraq after the invasion would require hundreds of thousands of troops.
Rumsfeld and his deputy Paul Wolfowitz belittled Shinseki's assessment, calling it wildly off the mark. Marginalized, Shinseki retired later in 2003.
Obama, an outspoken critic of the Iraq war, seems to appreciate Shinseki's candor.
"No one will ever doubt that this former Army chief of staff has the courage to stand up for our troops and our veterans. No one will ever question whether he will fight hard enough to make sure they have the support that they need."
Shinseki acknowledges many veterans today worry about their physical, mental and economic health upon leaving the service.
"Veterans who have served in Iraq and Afghanistan in particular are confronting serious, severe wounds - some seen, some unseen - making it difficult for them to get on with their lives in this struggling economy. They deserve a smooth, error-free, no-fail, benefits-assured transition into our ranks as veterans. And that is our responsibility, not theirs."
Shinseki pledges that, if confirmed, he will work to serve veterans as well as they have served the country.

NPR 01/04/2009 David Schaper
 

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