Current News Headlines
Congress has cut Social Security’s core operating budget by 17% since 2010, after adjusting for inflation, according to recent research from the Center on Budget on Policy Priorities. More…
SSA to open offices to the public as agency staffing issues continue (04/06/22)
Amid a struggle to hire more employees at the Social Security Administration, agency workers are ramping up to provide in-person services at local offices. That will start on April 7, just about a week after many of those workers returned to the office themselves on March 30. More…
Social Security offices are reopening this week. How to reduce your wait time (04/04/22)
Starting Thursday, April 7, the Social Security Administration will restore in-person services, including for people who do not have appointments, acting Social Security Commissioner Kilolo Kijakazi announced Monday. More…
The Affordable Connectivity Program Can Help SSI Recipients Get Internet Access (03/28/22)
Internet access is now necessary for work, school, healthcare, and more. However, for many households, it remains unaffordable. More…
Harshbarger Bill provides immediate access to Social Security benefits for terminally ill (03/04/22)
This important legislation would eliminate the current five-month waiting period in the Social Security Disability Insurance (SSDI) program that prevents terminally-ill patients from having immediate access to benefits. More…
Data Shows Disability Claims Are More Challenging In Rural Areas (02/25/22)
Recent data from the Social Security Administration (SSA) shows that rural states are more likely to have low disability claim approval rates as compared to more urban states. More…
New Bill Aims to Protect Social Security Recipients From Fraud (02/25/22)
The AARP recently wrote a letter that urged the proposal's four main sponsors to pass it. More…
For long-haul COVID-19 patients who can't work, the road to getting disability benefits may be rough (01/19/22)
Kristen Schaefer has a physically demanding job. She's the person who stocks Pepsi products at grocery stores and other businesses, and she's been doing the job for 20 years. More…
SSA reaches deal to resume some in-person disability claims hearings starting in May (01/19/22)
The Social Security Administration plans to resume some in-person disability claims hearings this spring, after holding remote hearings for nearly two years. More…
Legal Representation in Social Security Disability Insurance Claims (12/24/21)
The process of applying for Social Security Disability Insurance (SSDI) benefits is complex. Applicants must complete a long application documenting their employment history, medical conditions, and medical treatments, obtain relevant medical records, understand the relevance of certain administrative rules and requirements, and in case of those who are denied benefits, navigate a lengthy appeals process. More…
What is the expedited reinstatement provision for disability benefits? (12/15/21)
Expedited reinstatement (EXR) is a Social Security provision designed to provide a financial safety net for people who go off disability benefits because they’ve returned to work. More…
A NEW executive order signed by President Joe Biden aims to help Americans get their hands on government benefits including Social Security and food stamps faster. More…
Another Struggle for Long Covid Patients: Disability Benefits (10/27/21)
President Biden has said the government should help people who continue to experience symptoms long after a coronavirus infection. But qualifying remains a major hurdle. More…
In Reversal, Social Security Says Stimulus Checks Won’t Affect SSI Benefits (08/13/21)
People with disabilities can save money received through stimulus checks and other COVID-19 relief programs indefinitely without losing out on their Supplemental Security Income benefits thanks to a recent rule change. More…
Social Security field offices remain closed to public as other federal, state buildings reopen (07/27/21)
Despite all of the re-openings we see happening in our communities, one federal office so many people depend on remains closed to the public. People still can't walk into a local Social Security office to get a new card or handle a name change request. More…
Social Security phone scams that claim your identification has been compromised are nothing new. Yet the schemes still fool many people. Last year, victims lost nearly $45 million. Here's what the Social Security Administration says you need to watch out for. More…
Social Security recipients say they're still waiting for stimulus checks (05/21/20)
Some Social Security recipients haven't yet received their stimulus checks, although payments began going out in mid-April. More…
Social Security Scams and Other Frauds Are Spiking During the Pandemic. What to Look For. (05/17/20)
Be on the lookout for the coronavirus-related Social Security scams. More…
As millions lose insurance, states cut Medicaid in response to the coronavirus crisis (05/16/20)
Budget shortfalls are causing states to slash Medicaid budgets, at the same time as many are losing their employer-based health coverage. More…
Loss of Insurance Following Job Loss (05/13/20)
A new analysis examines the avenues for regaining health insurance among people in families where someone lost employment between March 1st, 2020 and May 2nd, 2020 including eligibility for ACA coverage, Medicaid and marketplace subsidies, as well as private coverage as a dependent. For more info, click here.
Wet-Ink Signature Requirement Endangers Social Security... (05/06/20)
WASHINGTON, May 6, 2020 /PRNewswire/ -- Timothy Cole is being treated for non-Hodgkin's lymphoma. His treatment leaves him immunocompromised and unable to work, and places him at additional risk during the COVID-19 pandemic. He needs to apply for ... More… www.prnewswire.com
Americans who get federal benefits need to take an extra step to get their maximum stimulus payment. More…
For These Federal Employees, Telework Means Productivity Is Up, Their Backlog Is Down (05/05/20)
The Social Security Administration has seen an 11% decrease in its backlog of pending cases since beginning telework in March. More…
No Tax Returns Required for Disability Applicants Who Have Not Recently Filed Tax Returns (04/15/20)
The Treasury announced on April 1st that Social Security beneficiaries who typically do not file a tax return will automatically get the $1,200 payment. This is a reversal of the original announcement by the Trump Administration. More info… And here….
Do You Qualify for a Stimulus Check in Senate's Coronavirus Response Bill? (03/30/20)
You may be wondering who qualifies to receive assistance from the federal government as part of the recent coronavirus stimulus package. This article outlines eligibility requirements and details. More…
Social Security OIG Launches Online Scam Reporting Form (11/21/19)
The form is to receive reports from the public of Social Security-related scams. These scams-in which fraudulent callers mislead victims into making cash or gift card payments to avoid arrest for purported Social Security number problems-skyrocketed over the past year to become the #1 type of fraud reported to the Federal Trade Commission and the Social Security Administration. More…
Lawmakers Look to Update SSI Program (9/23/19)
People with disabilities who receive Supplemental Security Income would be allowed to keep substantially more assets and would no longer be penalized for marrying under a new proposal. More…
Elizabeth Warren's Plan for Social Security Looks Smart (9/12/19)
Our Social Security system doesn't recognize parenting as the socially and economically valuable job that it is. That's not the system's only inequity, either. More…
On Disability and on Facebook? Uncle Sam Wants to Watch What You Post (3/10/19)
The Trump administration has been quietly working on a proposal to use social media like Facebook and Twitter to help identify people who claim Social Security disability benefits without actually being disabled. More…
Budget Agreement Funding Could Reduce Social Security Disability Backlog (2/15/18)
The bipartisan agreement to raise the caps on discretionary spending in 2018 and 2019 reportedly calls for higher funding for the Social Security Administration’s (SSA) operating budget, which is starved for resources after years of cuts, to improve customer service. More…
Recent Cases
ABSENTEEISM -
1794. District court decision where the ALJ erred in considering objective medical signs in determining that the plaintiff, who suffered from fibromyalgia, was not credible. “Fibromyalgia patients present no objectively alarming signs.” The ALJ’s statement regarding joint deformity, range
of motion, muscle strength etc. are “irrelevant to determining whether a claimant’s subjective assertions regarding pain are credible.” What the ALJ persistently ignored ...was [the plaintiff’s]ability to maintain work on a daily basis. This was a particular problem,
since the VE testified that if an individual cannot work for a month without missing 5 days of work, then there are no jobs she can perform. Marcia W. Margolius, Esq., Cleveland, OH.
Haynes v. Commissioner of SSA
, Case No. 1:09-cv-0647 (N.D.Ohio Feb. 24, 2010);2010 U.S. Dist. LEXIS 16298 – 24 pages
DAILY ACTIVITIES/HOUSEHOLD CHORES -
1794. District court decision when the ALJ erred in considering objective medical signs in determining that the plaintiff was not credible. “Fibromyalgia is not a disease that may be evaluated by looking for abnormalities in the musculoskeletal system ... Rather, fibromyalgia patients present no objectively alarming signs.” The ALJ also erred by focusing on the plaintiff’s ability to perform household chores. Symptoms of fibromyalgia vary in intensity. The ability “to perform some chores on some occasions does not necessarily undercut the credibility of [the plaintiff’s] assertions that her pain generally precludes substantial gainful employment ... What the ALJ persistently ignored ... was[the plaintiff’s] ability to maintain work on a daily basis.” Marcia W. Margolius, Esq., Cleveland,OH.
Haynes v. Commissioner of SSA
, Case No. 1:09-cv-0647 (N.D.Ohio Feb. 24, 2010);2010 U.S. Dist. LEXIS 16298 – 24 pages
FIBROMYALGIA -
1794. District court decision when the ALJ erred in considering objective medical signs in determining that the plaintiff was not credible. “Fibromyalgia is not a disease that may be evaluated by looking for abnormalities in the musculoskeletal system. . . Rather, fibromyalgia patients present no objectively alarming signs.” The court relied on Rogers v. Commissioner of Social Sec., 486 F.3d234 (6th Cir. 2007). The ALJ’s statement regarding joint deformity, range
of motion, muscle strength, etc., are “irrelevant to determining whether a claimant’s subjective assertions regarding pain are credible.” The ALJ also erred by focusing on the plaintiff’s ability to perform household chores.
Symptoms of fibromyalgia vary in intensity. The ability “to perform some chores on some occasions does not necessarily undercut the credibility of [the plaintiff’s] assertions that her pain generally precludes substantial gainful employment. Rogers requires a particular analysis to determine credibility in fibromyalgia cases. What the ALJ persistently ignored ... was [the plaintiff’s] ability to maintain work on a daily basis.” This was a particular problem,
since the VE testified that if an individual cannot work for a month without missing 5 days of work, then there are no jobs she can perform. Marcia W. Margolius, Esq., Cleveland, OH.
Haynes v. Commissioner of SSA
, Case No. 1:09-cv-0647 (N.D.Ohio Feb. 24, 2010);2010 U.S. Dist. LEXIS 16298 – 24 pages
RESIDUAL FUNCTIONAL CAPACITY – BENDING/STOOPING -
1972. District court remand for a reconsideration of the plaintiff’s RFC. Substantial evidence does not support the ALJ’s finding that the plaintiff had the RFC to stoop occasionally. The ALJ gave little or no weight to the treating physician’s opinion that her ability to stoop
was markedly limited.The VE testified that there were no sedentary jobs she could perform if there was a marked limitation in stooping, bending and reaching. [The court equated bending with stooping
.] The ALJ said the treating physician’s opinion on stooping
was inconsistent with other evidence; however, no other opinions were offered on stooping
. Marcia W. Margolius, Esq., Cleveland, OH.
Collett v. Commissioner of Social Security,Case
No. 5:08 CV 2929 (N.D. Ohio Mar.31, 2010); 2010 U.S. Dist. LEXIS 31062 – 8 pages
RESIDUAL FUNCTIONAL CAPACITY
- The district court remanded for further proceedings. Substantial evidence did not support the ALJ’s RFC determination because he did not include restrictions arising from feet, ankles, and skin impairments. The court rejected the government’s argument that the ALJ’s finding was harmless error because none of the jobs cited by the ALJ included exposure to environmental conditions, citing to the DOT for those occupations; however, the DOT excerpts were not evidence in the record. “The Court has substantial difficulty accepting …
the Commissioner’s argument for several reasons.” First, the DOT is not a source whose accuracy cannot be reasonably questioned since an ALJ may also take administrative notice of other publications and adopt a VE’s testimony that conflicts with the DOT. Second, the DOT provisions cited by the Commissioner refer to environmental conditions, not skin irritants. Third, the VE testified that someone who could stand only four hours total in a work day could not do any of the jobs cited by the ALJ. “… [T]his issue alone supports a remand.”
Fxxxxx v. Commissioner of Social Security
, Case No. 2:14CV277 (S.D.Ohio Sept. 23, 2015)
RESIDUAL FUNCTIONAL CAPACITY – MENTAL -
1793. District Court remand because the court is unable to determine how the ALJ reached
his conclusion
, or whether his findings were supported by substantial evidence and were consistent
with the
regulations. The CE psychologist found that the plaintiff had “moderate” limitations in a
number of
work-related activities, including the ability to perform simple, repetitive tasks. The state
agency psychologist
found the only limitation was “moderate” for understanding, remembering and
carrying out
instructions. When the ALJ included the VE’s limitations in the hypothetical question to the VE,there
were no jobs the individual could perform. When the ALJ used the state agency’s mental RFC,the
individual could perform 75% of unskilled sedentary work. Yet in the decision
the ALJ said
that the
VE’s and state agency psychologist’s RFCs were “reasonably consistent.” In fact, the
difference between
the two opinions was the difference between disability and non-disability. Marcia W.Margolius, Esq., Cleveland, OH.
Conkey v. Commissioner of Social Security
, Case No. 2:08-cv-1058 (S.D.Ohio Feb.24, 2010); 2010 U.S. Dist. LEXIS 16727 – 10 pages
WEIGHT OF MEDICAL OPINIONS
- The district court remanded for further proceedings. The ALJ failed to adequately weigh and evaluate the opinions of the plaintiff’s treating orthopedic surgeons. One treating surgeon limited the plaintiff to no more than sedentary work, yet the ALJ found the plaintiff able to perform light work. While the treating opinion did not specifically state how long the plaintiff could stand or walk in an 8-hour day, “the requisite 6 hours of standing for light work is well in excess of an ‘inability to stand or walk for extended periods of time’” as the treating surgeon stated. The ALJ thus rejected the opinion “and was required to give good reasons for doing so.” The ALJ’s conclusory statement that the opinion was not supported by the objective evidence was legally insufficient. “Such a terse and conclusory explanation does not, in and of itself, constitute a ‘good reason’ for rejecting a treating physician’s opinion.” The court rejected the Commissioner’s argument that the ALJ’s statement was harmless error because no reasonable ALJ could have credited the treating surgeon’s opinion. However, the opinion did not meet any of the three Sixth Circuit criteria for concluding that the failure to give goodreasons
can be deemed harmless error. Specifically
in this case, the opinion was not “patently deficient.” See Johnson-Hunt v. Comm’r of Soc. Sec., 500 Fed. App’x. 411, 419 (6th Cir. 2012). Even if the ALJ’s rejection of the treating surgeon’s opinion was justified, “failure to give good reasons still requires remand.”
Mxxxxxx v. Colvin, Case No. 5:14-cv-02128 (N.D.Ohio Sept. 1, 2015)
WEIGHT OF MEDICAL EVIDENCE – POST HOC ARGUMENTS -
1809. District court remand for further proceedings where the ALJ did not provide specific reasons for
rejecting the majority of the functional limitations in the treating physician’s opinions, as required by
the regulations. The ALJ failed to provide “good reasons” for rejecting those opinions by citin got her
evidence inconsistent with the opinions. The court rejects the Commissioner’s post hoc arguments
in support of the ALJ’s findings. While the arguments may have been sufficient reason to
reject the treating physician’s opinions, the ALJ failed to state them. “In his brief, theCommissioner attempts to justify the ALJ’s rejection of [the treating doctor’s] opinion; however,such
a recitation is purely conjecture
upon the part of counsel and cannot serve as the basis for review
by a court. “The Sixth Circuit has expressly held that where the ALJ fails to give good reasons
for his rejections of a treating source’s opinion, remand is required even if substantial evidence
in the record otherwise supports the ALJ’s decision. Margolius and Associates, Cleveland, Ohio.
Ortiz v. Astrue
, Case No. 1:09 CV 2166 (N.D.Ohio, July 30, 2010); 2010 U.S. Dist.LEXIS 77134 – 17 pages
WEIGHT OF MEDICAL EVIDENCE – STATE AGENCY OPINION -
1777. District Court remand because the ALJ failed to state that he had considered the opinions of the
state agency physicians or to articulate the weight given to those opinions. The fact that the ALJis not bound by the state agency opinions does not mean that he can ignore them. Two state agency physicians
and the treating physicians stated that the plaintiff could lift no more than five pounds.The state agency physicians also stated that she could only occasionally reach with her right arm.20C.F.R. § 416.927(f)(2) and SSR 96-6p require that the ALJ explain the weight to be given the opinions
of state agency physicians unless the treating doctor’s opinion is given controlling weight.Because the treating doctor did not discuss the “reaching” issue, SSR 96-6p requires the ALJ to consider
the state agency opinion. This was not harmless error,
because the ALJ failed to include a
limitation on reaching the hypothetical question. Marcia Margolius, Esq., Cleveland, OH.
Tarver v. Astrue
, Case No. 1:08 CV 2831 (N.D.Ohio Dec. 9, 2009) – 11 pages.
WEIGHT OF MEDICAL EVIDENCE – TREATING PHYSICIAN’S OPINION
- 1801. District Court remand where the ALJ relied on the opinion of the non-treating consultative psychologist
instead of the opinion of the treating physician. A cursory statement in the decision that the
ALJ considered opinion evidence in accordance with the requirements of the regulations andSSRs is not sufficient. “Certainly no one reading this administrative decision would understand why that
opinion was not credited.” Margolius, Margolius and
Associates, Cleveland, OH.
Kazee v. Astrue
, Case No. 2:09-cv-717 (S.D.Ohio, June 29, 2010); 2010 U.S. Dist.65018 – 17 pages
Decisions and Opinions
- Ohio Civ. Rights Comm. and Harper v. Akron Metro. Hous. Auth., 2006-Ohio-6967 (12/29/06)
- Sicklesmith v. Chester Hoist (11/15/06)
- Williams v. Case Western Reserve University (11/22/06)
The close of 2006 brought four important litigation victories to Margolius, Margolius and Associates. Each case represents an important victory in employment and civil rights.
- In Sicklesmith v. Chester Hoist, the Court of Appeals for the Seventh District Court of Appeals reviewed a trial verdict in this case. The employer brought multiple challenges to the jury verdict and was requesting reversal. The Court fully upheld the trial court's verdict and the underlying disability case law analysis. The firm's lead trial attorney, Andrew Margolius, represented Clarence Sicklesmith. In the case, the employer had refused to allow Mr. Sicklesmith, a long term, dedicated employee, to return to work following a leave of absence. The employer asserted Mr. Sicklesmith could not perform the essential functions of his job as required by law. Mr. Sicklesmith's employer disregarded or simply denied his reasonable accommodation requests. The jury had found the employer in violation of Ohio's employment discrimination -disability statute and awarded Mr. Sicklesmith $282,000 in damages. The Court of Appeals opinion, cited above in pdf format, fully affirmed the jury verdict and rejected the employer's requested issues for reversal, including asserted errors regarding punitive damages, burden of proof in disability cases, application of corporate attorney client privilege, and union grievance evidentiary issues. The Court specifically noted important cross examination questions by Mr. Margolius against the employer's representative to affirm the trial verdict.
- In Williams v. Case Western Reserve University, the Court of Appeals for the Eighth Appellate District reversed a summary judgment in favor of the employer, finding that the Plaintiff/employee's employment rights warranted a trial. The professor in question moved to Cleveland after being offered a three year employment contract. He was discharged at the end of his 1st year and the University attempted to give him administrative duties. A grant Dr. Williams had intended to work on was not funded by the National Institute of Health and, moreover, circumstances demonstrated funding issues were at the heart of the premature discharge. The case provides grounds to assert that implied contract rights require just cause for termination prior to the expiration of the stated employment term. Attorney Andrew Margolius represented Dr. Williams in the action.
- In OCRC and Harper v. AMHA, the firm established key fair housing precedent on the issue of hostile environment in rental housing. The Harper family claimed it had been racially harassed by neighbors, even after alerting the landlord. The landlord's inaction resulted in increasing hostility and overt threats of violence and racial epithets. The case was originally dismissed by the Ohio Civil Rights Commission but was reversed when attorney Andrew Margolius convinced the Commissioners of the fundamental housing rights at stake in the matter. The Common Pleas Court dismissed the action finding this was a neighborhood dispute and that Ohio did not recognize a landlord's duty to intervene under a hostile environment housing cause of action. The Ninth District Court of Appeals reversed the finding in a landmark fair housing decision and firmly established the hostile housing environment cause of action in Ohio. The precedent setting case follows other lead precedents in fair housing in Ohio established by the firm. Attorneys Andrew Margolius and Emily Gilbert represented Ms. Harper and Fair Housing Advocates Association.
- In Newcomb v. Hostetler Catering, the Court of Appeals similarly reversed a summary judgment decision and concluded that the Plaintiff's rights to seek counsel regarding the loss of employment benefits warranted a jury trial. The Court expanded public policy protection preventing a discharge to knowledge of the employee seeking counsel as unjust grounds for discharge. The previous law stated that the employee must have already consulted with an attorney.
Past News Headlines
December 2012 Marcia Margolius spoke at Lupus Foundation meeting in Strongsville, Ohio about "Social Security Disability and the Impact of Lupus".
December 2012 Andrew Margolius spoke at MetroHealth Medical center about Social Security Disability to Staff Doctors and Residents.
October 2012 Paul Newendorp and Michelle DeBaltzo spoke at regional Social Security seminar in Cleveland, Ohio ON "Insuring You are Fully Prepared for Hearings" and "Cross Examination of Medical Experts."
July 2012 Andrew Margolius spoke at seminar in Akron, Ohio about closing arguments and trial strategy.
Marcia Margolius to Speak at Social Security Law Seminar in November
Marcia W. Margolius will be among the featured presenters at a seminar on Social Security Law on Monday, November 8, 2010, in Cincinnati.
The event will run from 8 a.m. to 4 p.m. at the Eastgate Holiday Inn. Continental breakfast and lunch are included in the tuition price for those who register by October 31.
Good News for Americans Awaiting a Social Security Disability Hearing
As Agency Hires More Judges, Backlog Begins to Decline
October 6, 2009 – Congressman John Tanner (D-TN), Chairman of the Ways and Means Subcommittee on Social Security, today praised the Social Security Administration (SSA) for the success of its efforts to reduce the unprecedented backlog in disability appeals hearings. Over the course of fiscal year (FY) 2009, the number of pending disability hearings declined for the first time, from 760,813 at the beginning of the year to 722,822 at the end. The average waiting time also declined, from 514 days in FY 2008 to 491 days in FY 2009.
Marcia Margolius Speaks at Senate Committee
Many have requested copies of Marcia Margolius' key testimony before the United States Senate subcommitte investigating delay and inequities in the Social Security disability process. The following testimony was delivered to the Senate Committee on Governmental Affairs on March 29, 2004.
First, I would like to thank Senator Voinovich for initiating this forum to address delays in the processing time for Social Security hearings and more specifically, the backlog at the Cleveland Office of Hearings and Appeals. I would also like to commend the Commissioner for her participation. [Note: Representative Stephanie Tubbs Jones also conducted an important hearing concerning problems with the Social Security disability process. Marcia Margolius provided testimony on delay and procedural issues at the hearing at the request of Rep. Tubbs Jones.]
Under the current system, people with severe disabilities are forced to wait years for a final decision. This delay is harmful to the individual and his or her family in a time of great need. But the delay not only hurts the disabled individual, it also damages public confidence and the integrity of the system.
In September, 2003, Commissioner Barnhart announced a plan to reform the disability claims process. These initiatives are meant to bring an aging bureaucratic system into the 21st century. As disability advocates, I and my colleagues, support all efforts to reduce unnecessary delays for claimants and to make the process more efficient. However, any changes must ensure fairness and protect the rights of people with disabilities.
The Commissioner has identified several changes at the front end of the process that can have an immediate beneficial effect for new applicants and will improve the backlogs and delays later. Hopefully, implementation of the electronic folder will move forward with all possible speed. EDib should reduce delays from handing off the file and will allow immediate access by any component of Social Security working on the claim. On line, read-only access should also be arranged for counsel so that the constant changes in the development of these cases are available to all participants. The Quick Decision Process for claimants who are obviously disabled can not happen soon enough. The process benefits everybody and is consistent with the overall purposes of the Social Security Act.
Other proposed changes raise greater challenges to the fairness owed to our disabled citizens. The new position of Reviewing Officer is very promising as it provides the necessary "point person" to help expedite critical cases. However, a separate appeal from the RO, who is located at the Office of Hearings and Appeals, to the ALJ, also at the Office of Hearings and Appeals, will be confusing to the public and ends up looking like nothing more than a replacement of reconsideration, and perhaps a counter-productive hurdle to the process. One appeal from the initial stage should cover review by both the RO and the ALJ, and avoid potential additional time delays to the system.
The record should not be closed after the ALJ's decision. Closing the record is not beneficial to a process meant to be informal, non-adversarial and with the primary overarching purpose of seeking the truth. This is not meant to say that records should not be submitted as soon as possible; they should and attorneys should strive for this efficiency. But submission is not always in the attorneys control, or for that matter, in the unrepresented claimant's control. Claimant's may be mentally impaired and unable to effectively assist in case development. Moreover, a claimant's health is not static - hospitalizations occur, specialists get involved, and diagnoses are definitively reached. Means for submission of such important medical information can't be foreclosed in order to protect the claimant and the integrity of the determination process.
An underlying issue we must face is the balance between procedure and efficiency, and the potential prejudice arbitrary or administrative procedures may cause towards a just Social Security disability determination. There are merits to both efficiency and due process allowances, yet these goals sometimes conflict.
Continuation of the Appeals Council protects claimants. The current review process satisfies claimants' need to have oversight of the ALJ decision. A major basis for remand by the Appeals Council is not submission of new evidence, but legal error committed by the ALJ. The Commissioner should maintain this process for rectifying errors administratively, rather than forcing federal court review. This review stage is vital to a claimant's rights.
Cleveland's immediate problem is that there are disabled people with urgent needs that can not wait until October, 2005, when the Commissioner's plan is projected to be fully operational. People who are later adjudicated to be disabled under Social Security standards in this region are losing their homes, having utilities shut off and are losing health coverage because of delays in Social Security decisions.
Cleveland has the largest hearing backlog in a six state region. The decisions are generally fair, but the length of time to get a hearing and the processing time after the hearing is extreme.
The fundamental problem is one of staffing, there are just not enough judges or support staff to process the 11,000 plus cases waiting for hearing. When I first started in 1982 there were 18 judges. With a higher caseload, Cleveland has currently has 8 judges with the promise of 2 more. However, judges are only part of the solution. Support staff is based on the number of judges, not the number of cases, so, as long as there is a backlog of over 11,000 cases, the delays are endemic.
