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October 18, 2009

SSA to soon grant attorneys access to claimants’ electronic hearing folders

Posted by Geri Kahn under Health, ODAR, Social Security disability hearings, Uncategorized | Tags: , |
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One of the most interesting presentations I attended at the NOSSCR (National Organization of Social Security Claimants’ Representatives) conference in San Francisco was a presentation by  SSA (Social Security Administration) personnel on a new program which will allow authorized representatives to have online access to electronic hearing folders.  Essentially the SSA understands that the more they can take advantage of technology and automate their processes, the easier it will be for the public to work with them.

For the past year, SSA has been working with 9 attorneys in various areas of the United States on a pilot program which grants online access to claimants’ electronic hearing folders.  They have been ironing out problems and now are ready to launch the program.  The program will allow claimants’ representatives to access their clients’ electronic folders at the hearing level only.  Eventually SSA wants to allow access at the initial and reconsideration stages but for now, they will start at the hearing level.

The program will begin in November 2009 with the official registration of the 9 attorneys involved in the pilot program.  Registration alone is a complicated process.  Because of the sensitive data an attorney will have access to,  the SSA wants to ensure that the attorney is real and licensed.  The SSA will require a great deal of information from the attorney during the registration process – identification and verification of identification (from different sources).   The good thing about the program is that once an attorney registers, he or she does not need to go through the process again.  The data will be stored and attorneys will only need to use their ID and password to access a claimant’s data.  An attorney will only be able to access the data of a claimant whom he or she represents.

All interested attorneys will have to register.  Despite having registered for other programs with SSA, this is a completely new and different process.  The SSA is rolling out registration in a staged process:

  • 11/09 – spring 2010 – registration to the 9 pilot attorneys and by invitation only;
  • Spring 2010 – open enrollment;
  • Summer 2010 – continued enrollment and automation of Form 1696 and Form 1697.

After the presentation, I inquired with one of the presenters to find out if I was on the list of invitees.  (The presenter said she had the list with her.)  I found out that I was not.  I asked her how they chose the attorneys to be on the list.   She told me that they looked at a variety of factors but would not tell me or perhaps did not know what they were.  My guess would be that they would choose attorneys with a high volume practice.  I was standing next to a well known, well respected, experienced attorney and he was not on the list either despite having been involved in initial talks with Baltimore about this program.  Oh well.   The SSA representative indicated that she was willing to take the business cards of attorneys who wanted to be invited and if those on the list did not respond, she would add them to the list.  If you are interested in this information, please contact me and I will let you know who I spoke to.  In any case, by the spring of next year, if all goes well, those attorneys that wish to, will be able to have instant access to claimants’ hearing folders.

I find it all to be very exciting and really commend the SSA on their work in this area.

 

October 14, 2009

Ten tips for winning your Social Security Disability case in federal court

Posted by Geri Kahn under Appeal, Health, Social Security Disability Law, Social Security cases in district court | Tags: , , |
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I am currently attending the NOSSCR (National Organization of Social Security Claimants Representatives’) conference in San Francisco.  I am going to write posts this week highlighting some of presentations I go to at the conference.  Today I went to a presentation on “Judicial Review of a Social Security Disability Claim.”  The presenters were:

  1. The Honorable Edmund Brennan, U.S. Magistrate (U.S. District Court, Eastern District, California)
  2. Bess Brewer, Esq. (Attorney in private practice)
  3. Michelle Beckwith, law clerk (U.S. Court of Appeals, 9th Circuit)
  4. Lucille Meiss, Esq. (Attorney with OGC/SSA , Region IX)

Each presenter gave excellent advice on how to be more successful in federal court.  I will summarize their advice  into ten tips.

  1. Develop a theory of the case at the earliest opportunity. Every adjudicator looking at a case from the first time it is filed wants to know why the claimant cannot work.  When filling out the disability forms and specifically when answering questions about daily activities, your answers should relate to the theory of the case.
  2. Get all the records.  Make the Administrative Law Judge’s job easier.  If the case goes to federal court, you will want the record fully developed.
  3. Submit a brief to the ALJ. This is your chance to orient the ALJ to your theory of the case.  You may not have to go to federal court at all if you win in front of the ALJ.
  4. Deal with adverse facts early on. If there are few treatment records because the claimant did not have medical insurance and could not go to the doctor, make this fact known to the ALJ in the record.  By doing this, a federal judge will not have to guess why there are no treatment records and/or will not have to accept the ALJ’s reasoning that the lack of treatment records indicates that the claimant is not severely disabled.
  5. Obtain third party testimony. There is good case law about the weight that must be given to testimony from third parties (friends, relatives of the claimant).  Witnesses should either come to the hearing or submit a letter describing their observations of the claimant.   Third party testimony is especially helpful in cases dealing with mental impairments or for claimants who have pain.
  6. Try to enter into a voluntary stipulation with government counsel for remand. If you have a case which you think would benefit from remand,  send a concise letter to the Office of General counsel describing why you think they should agree to a remand.  (Note:  although this was the advice given, it is not clear how often it works.)
  7. Know the court and the law clerk. To the extent possible try to find out a little about the federal judge who has been assigned to your case  in district court.  If he or she has decided Social Security Disability cases before, you do not need to give a detailed explanation of the sequential evaluation in your brief.
  8. Write a concise yet comprehensive brief. Use plain language, cite to the record, define terms.  Although the law clerks and judges have access to the medical dictionaries and legal resources, it is helpful if you define a medical term in the same sentence in which you use it.  If you cite to a DOT listing, it would be helpful to them  if you create an appendix and submit the listing.
  9. Be credible. Follow the court rules, be forthcoming.  Do not exaggerate.
  10. File a reply brief. Many law clerks will read the reply briefs first in order to find out what the real issues are in a case.  You want to persuade the judge to decide in your favor; the reply brief gives you an opportunity to restate your position.
 

September 23, 2009

How can I prove I am disabled if I cannot get treatment because I can’t afford it?

Posted by Geri Kahn under Health, Resources, Social Security disability hearings | Tags: , , |
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One of the difficulties indigent claimants face is proving that they are disabled when they have not sought out medical treatment.  It is a vicious circle.  They would have sought treatment if they could have afforded health insurance but because they could not afford health insurance, they did not go to the doctor.  They are  ill but cannot prove it.   It is probably this group of people who need Social Security disability the most, yet it is the hardest for them to receive it.

How do you convince a judge that you are truly disabled when the medical records are non existent?  The only answer is that you have to start making a record.   Every county has a clinic or hospital that will see  indigent persons.  Yes, these clinics and hospitals are strapped for cash right now, but they exist.  Go to your nearest clinic or hospital and seek out  services.  And then, keep going.  It is not enough to go once.

I found a good website hosted by the Northern California Family Center that has most of the free or low cost clinics on it that are located in Contra Costa County and the greater bay area.  It takes a lot of patience and time to obtain these services but seeking them out will help you in the long run in not only obtaining treatment for your condition but also in obtaining the evidence necessary for your case.

 

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