May 2009 Archives

May 18, 2009

The National Organization of Social Security Representatives (NOSSCR) Conference: Gabe Hermann Reports

Having just returned from the National Organization of Social Security Claimants' Representatives (NOSSCR) conference in Washington D.C. last week, I have some good news and some bad news to share.

The good news is that the Social Security Administration is aggressively working on making my work representing disabled claimants in their Social Security Disability claims a little more productive, and thus potentially allowing me to help my clients get their Disability benefits faster.  The Federal Government is working hard to reduce delays and backlogs in the processing of Social Security Disability claims by improving technology and by executing  plans to hire hundreds of Administrative Law Judges and thousands of employees to work in the Social Security Administration's District Offices and at State Offices of Disability Determination (the State Agencies).

The bad news is that even as the Federal Government is making progress in reducing delays and backlogs, state governors continue to proceed with their plans to furlough State Agency employees, despite the fact that Commissioner of Social Security Michael J. Astrue has repeatedly made it clear that rather than fire or furlough State Agency employees, he wants to hire more

At the Conference, Commissioner Astrue specifically identified New York State, reporting a planned 8% cut in the staff of the New York State Department of Disability Determinations even as Social Security is prepared to increase that staff by 15%!  As I've noted in prior posts, furloughing those workers at the Department of Disability Determination has no positive impact on the New York State budget and, instead, only causes lengthier delays in processing the claims of our most vulnerable disabled citizens.

Returning to the good news: thanks to the efforts of the Social Security Administration on a federal level, the improvements in technology should have an obvious positive outcome.  It is expected that by the end of 2009, both  attorneys and claimants' representatives will be able to access our clients' Disability files directly online without waiting for Social Security employees to create a CD of the contents of the Administrative file.  This will enable representatives like me to provide more medical records to the fact finders sooner than otherwise, because I'll have the opportunity to review the claims file and avoid providing duplicate evidence.  Also, the sooner I have the opportunity to review the Disability claims file, the more likely I am to be able to flag it for specialized review. 

If only the State Governors would stop furloughing State Agency employees, I believe we would see a real difference in how much more quickly Social Security Disability claims could be processed.

Gabe Hermann

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May 8, 2009

Bike Tour Helps Everyone, Not Just the Disabled

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From June 12th to June 14th I will be participating in the 20th annual Bresnan Bike Tour. It is a 200 mile charity ride from Patterson, New York to Bennington, Vermont supporting the Hudson Valley Special Olympics and the Westchester ARC, the oldest and largest agency in Westchester County serving children and adults who have developmental disabilities and their families. Each participant has to raise a minimum of $2000, and over $375,000 was raised last year. Bicycling is one of my passions and this tour will allow me to fulfill my goal of riding in a multi-day bike tour.

The current economic slump has been hard on all not-for-profit organizations, and yet I have been pleased and amazed at the willingness of my friends, neighbors, relatives, and business and professional colleagues whose generosity will enable me to surpass the $2000 goal very soon.  As the sponsorships come in, I can't help feeling that somehow those who are sponsoring me are doing so not only to support this wonderful cause, but in a way to reward me for the work Gabe and I do on behalf of our disabled clients.  While our disability law practice is definitely "for profit," I think that people recognize the care with which we help our clients to get through the challenging process of fighting for disability payments.

When I decided to focus on Social Security Disability and phase out of Workers' Compensation law in the mid 1990's one of the main reasons was the satisfaction I feel when we win a Social Security Disability claim for a client. The frustration of case backlogs and the economic and physical distress our clients feel puts a lot of stress on me and our entire office as we try to help everyone.

The pleasure and freedom I feel when I'm cycling makes it one of my main stress busters. And the fact that I am doing extra cycling this spring to be ready for the Tour has actually made me more productive at work because I'm more relaxed. So the Bresnan Bike Tour is a win for everyone involved, even our clients!

I'm excited and prepared for the Tour and I wish it wasn't still a month away. But at least that gives me plenty of time to stock up on Aleve!

Lew Insler

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