sxsw
Full Member
Posts: 75
|
Post by sxsw on Feb 24, 2014 13:30:23 GMT -5
Does anyone have any insight concerning if/how this new (March 14, 2014) expedited application process will impact the ALJ Corps?
|
|
|
Post by sealaw90 on Feb 24, 2014 16:03:44 GMT -5
Huh? Hate to give you the Ensign salute, but do you have a link to the specifics of a process that will begin in the near future? If I recall, I don't think this is related to the ALJ hiring, this is for other government hirings, but I don't have the specifics....
The 14th is a Friday - what government process starts on a Friday?
|
|
|
Post by aljwatch on Feb 24, 2014 16:54:37 GMT -5
This is what sxsw seems to be referring to, a new expedited process for certain veterans filing SSD claims. www.ssa.gov/pgm/disability-pt.htm Perhaps some insiders might care to opine on how it might impact case numbers for disability claims.
|
|
|
Post by hopefalj on Feb 24, 2014 16:54:48 GMT -5
Huh? Hate to give you the Ensign salute, but do you have a link to the specifics of a process that will begin in the near future? If I recall, I don't think this is related to the ALJ hiring, this is for other government hirings, but I don't have the specifics.... The 14th is a Friday - what government process starts on a Friday? It's for the disability application process, not the ALJ application process. And I see the effective date as 3/17/14.
|
|
sxsw
Full Member
Posts: 75
|
Post by sxsw on Feb 24, 2014 16:57:46 GMT -5
|
|
|
Post by trekker on Feb 24, 2014 16:59:52 GMT -5
Here is the link to the announcement sxsw is referencing. www.ssa.gov/pgm/disability-pt.htm It is similar to the TERI or dire need fast track process that already exists for claimants who were denied benefits but have a terminal illness or who are without food, clothing, shelter. You would think that anyone with a terminal illness would not have been denied but that is not the case. It can take time to actually diagnose certain medical conditions and denials by DDS are usually made within 3 or 4 months after the application has been filed. Then the claimant's health deteriorates rapidly and you have a TERI case. These cases are rare but do exist and are usually disposed of quickly by ODAR. In the early days of AIDS, I would have HIV/AIDS claimants who qualified for TERI. Dire need is a class I rarely use but claimants know about it and want the attorneys to push for it but so many claimants are homeless, etc, I just don't ask for it unless there is a true emergency. There is already a VA classification that fast tracks the claim but this new one is specifically for those vets with a 100% VA rating. A 100% VA rating does not mean that the person meets SSA's definition of disabled but at least they will be fast tracked under this new system. If you want to know about how this works, look at HALLEX I-2-1-40. www.ssa.gov/OP_Home/hallex/I-02/I-2-1-40.html
|
|
sxsw
Full Member
Posts: 75
|
Post by sxsw on Feb 24, 2014 17:13:51 GMT -5
Thanks, trekker!
|
|
|
Post by mcb on Feb 24, 2014 17:28:58 GMT -5
Soldiers that are already part of the Wounded Warrior program are designated critical cases at our ODAR and moved to the top of the wait list to have their hearing scheduled. RE: service connected disability benefits ( McCartey v. Massanari, 298 F.3d 1072 (9th Cir. 2002)): caselaw.findlaw.com/us-9th-circuit/1156228.htmlThe issue of the evidentiary significance of a VA disability rating is a matter of first impression in [the Ninth] circuit. However, the nine circuits that have considered this issue agree that a VA disability rating is entitled to evidentiary weight in a Social Security hearing. See Chambliss v. Massanari, 269 F.3d 520, 522 (5th Cir.2001) (per curiam) (VA disability rating is generally entitled to “great weight” and “must be considered by the ALJ”); Morrison v. Apfel, 146 F.3d 625, 628 (8th Cir.1998) (“[F]indings of disability by other federal agencies ․ are entitled to some weight and must be considered in the ALJ's decision”); Baca v. Dept. of Health and Hum. Svcs., 5 F.3d 476, 480 (10th Cir.1993) (“Although findings by other agencies are not binding on the Secretary, they are entitled to weight and must be considered.”); Davel v. Sullivan, 902 F.2d 559, 560 n. 1 (7th Cir.1990) (VA's decision is “entitled to some weight” and should be considered by ALJ); Kane v. Heckler, 776 F.2d 1130, 1135 (3d Cir.1985) (VA rating entitled to “substantial weight”); Stewart v. Heckler, 730 F.2d 1065, 1068 (6th Cir.1984) (VA rating entitled to ALJ consideration); Brady v. Heckler, 724 F.2d 914, 921 (11th Cir.1984) (per curiam) (VA rating entitled to”great weight”); DeLoatche v. Heckler, 715 F.2d 148, 150 n. 1 (4th Cir.1983) (same); Hankerson v. Harris, 636 F.2d 893, 897 (2d Cir.1980) (VA rating entitled to “some weight”); Fowler v. Califano, 596 F.2d 600, 603 (3d Cir.1979) (same). No circuit has held that an ALJ is free to disregard a VA disability rating. ... We agree with the approach of the Fourth, Fifth, and Eleventh Circuits and hold that in an SSD case an ALJ must ordinarily give great weight to a VA determination of disability. See Chambliss, 269 F.3d at 522, Brady, 724 F.2d at 921; DeLoatche, 715 F.2d at 150 n. 1. We so conclude because of the marked similarity between these two federal disability programs. Both programs serve the same governmental purpose-providing benefits to those unable to work because of a serious disability. Both programs evaluate a claimant's ability to perform full-time work in the national economy on a sustained and continuing basis; both focus on analyzing a claimant's functional limitations; and both require claimants to present extensive medical documentation in support of their claims. Compare 38 C.F.R. § 4.1 et seq. (VA ratings) with 20 C.F.R. § 404.1 et seq (Social Security Disability). Both programs have a detailed regulatory scheme that promotes consistency in adjudication of claims. Both are administered by the federal government, and they share a common incentive to weed out meritless claims. The VA criteria for evaluating disability are very specific and translate easily into SSA's disability framework. Because the VA and SSA criteria for determining disability are not identical, however, the ALJ may give less weight to a VA disability rating if he gives persuasive, specific, valid reasons for doing so that are supported by the record. See Chambliss, 269 F.3d at 522 (ALJ need not give great weight to a VA rating if he “adequately explain the valid reasons for not doing so”).
|
|
|
Post by papresqr on Feb 24, 2014 17:42:50 GMT -5
Soldiers that are already part of the Wounded Warrior program are designated critical cases at our ODAR and moved to the top of the wait list to have their hearing scheduled. As I understand it, the new process just extends that to any vet with a 100% disability rating for any other reason outside the Wounded Warrior program.
|
|