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The 6-year term of Social Security Commissioner Michael Astrue is complete on Saturday January 19th, and he will depart the SSA. Here is a timeline of Mr. Astrue's term compiled by Charles Hall.

Despite strong progress addressing the hearing backlog of disability claims, Mr. Astrue may be best remembered by Social Security disability lawyers for his "secret ALJ" policy, and his less-than-endearing reponse to criticism of that policy.

No word yet on a nominee to become the next Commissioner of the Social Security Administration.

Update: Commissioner Astrue will remain until the close of business on Wednesday, February 13th. Still no word on a nominee to become the next Commissioner.

I have a number of claims with clients who are age 55 or over. These cases are handled in a specific way in my office, and there is extensive development regarding past relevant work. In my experience, many of these claims are denied initially and at Reconsideration because the claimant did not fully or accurately describe his or her past work.

At step 5 of the sequential evaluation, I look to see if the requirements of the medical-vocational quidelines are met, and would direct a finding of disabled. When I am writing a hearing brief and need to check a specific medical-vocational rule, the quickest way to do so is to visit gridrules.net, a website that offers a good view of the medical-vocational rules.  It is quicker to go to that site than leaving the computer to look up the rule in the regulations.

Take a look, and bookmark the site. You may find that you use it as often as I do.

Every other week I highlight articles of note regarding Social Security disability and related topics. The blogs have been mostly quiet during the holiday season. The last two articles linked below make the point that Social Security benefits are modest, and should be protected from the cuts being discussed in Washington.

The U.S. District Court for the District of Maine has approved several amendments to the Local Rules, which take effect on January 1, 2013.

Local rule 16.3(a)(2) establishes a streamlined process for Social Security appeals in Maine. These cases are routed to the magistrate judge. Based upon an Itemized Statement of Errors and a fact sheet filed by the Plaintiff, and the oral argument of both parties, the Magistrate issues a recommended decision for the appeal. 

The principal change in local rule 16.3(a)(2) is a new requirement that the Commissioner must file an opposition brief to the Plaintiff's Itemized Statement of Errors. This is a welcome change in the rule, because previously you would appear at oral argument without knowing what the U.S. attorney would argue to defend the Commissioner's decision. This rule change should focus the parties and the Court on the true issues of the appeal, and everyone will be better prepared. The other rule changes are a 20-page limit for briefs, and a provision allowing the Magistrate judge to waive oral argument.

Here is a link to new local rule 16.3 (link opens a PDF).

These days, more often than not, the hearing notice for a Social Security disability claim will specify that a vocational expert (VE) will testify at the hearing. This is often alarming for disability claimants, who are not clear about the role of a VE at a hearing. 

The vocational expert attends the hearing to assist the judge, by answering questions about a disability claimant's past work history and the type of jobs that may be available for those with functional limitations similar to the claimant's.

A VE can help the judge to reach a fully favorable decision. A VE can also offer testimony that helps a judge to deny a claim for disability benefits. In certain cases, such as those with a less-than sedentary RFC, VE testimony can be particularly problematic. Also, claims involving mental impairments often call for VE testimony.

How vocational evidence is used depends on the claim, the judge, and how the hearing develops. You never know in advance what the VE will say, which is one reason why a lawyer's help at a hearing is critical.

Nevertheless, the mere presence of a VE at the hearing should not be alarming for claimants. It has become a standard practice for many judges.

I regularly highlight articles of note from the Social Security disability law blogs. The Mayan Calendar ends today, December 21, 2012. What better way to spend a few minutes of the last day than to catch up on the latest regarding Social Security disability? 

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The Center on Budget and Policy Priorities has published an 8-page policy brief titled "Top Ten Facts About Social Security" (link opens a PDF). 

The “Top Ten Facts” are:

  1. Social Security is more than just a retirement program. It provides important life insurance and disability insurance protection as well.
  2. Social Security provides a guaranteed, progressive benefit that keeps up with increases in the cost of living.
  3. Social Security provides a foundation of retirement protection for nearly every American, and its benefits are not means-tested.
  4. Social Security benefits are modest.
  5. Children have an important stake in Social Security.
  6. Almost half of the elderly would be poor without Social Security. Social Security lifts 14 million elderly Americans out of poverty.
  7. Almost half of the elderly would be poor without Social Security. Social Security lifts 14 million elderly Americans out of poverty.
  8. Social Security is particularly important for minorities.
  9. Social Security is especially beneficial for women.
  10. Social Security can pay full benefits through 2033 without any changes. Relatively modest changes would place the program on a sound financial footing for 75 years and beyond. 

The policy brief provides details for each of these 10 points, and is definitely worth reading.

Paul Krugman, the Nobel prize-winning economist and Professor at Princeton University, recently wrote a New York Times column about mass unemployment entitled “The Forgotten Millions.” He says:

bear in mind that we’re looking at millions of human tragedies: at individuals and families whose lives are falling apart because they can’t find work, at savings consumed, homes lost and dreams destroyed. And the longer this goes on, the bigger the tragedy.

Professor Krugman is right. And the excerpt above applies equally to the disabled, who are unemployed because they are unable to maintain employment due to physical or mental impairments. In addition to financial hardship, those applying for Social Security disability suffer debilitating symptoms from chronic illnesses.

The raising of the bar for disability benefits has taken a tremendous toll on tens of thousands formerly working citizens who have applied for Social Security disability and been denied.

The road for disability is not an easy one. All of my clients would prefer to be working, if they were able. Their tribulations should not be forgotten.