2018 Q2 NADR Newsletter

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communication camaraderie networking support

National Association of Disability Representatives 3 NADR’S SSA PROBLEM DATABASE 4 WHAT’S IN YOUR VOICEMAIL? SECOND QUARTER 2018

IN THIS ISSUE:

5 VETERAN MEMBER SPOTLIGHT : WILLIAM “BILL” WRIGHT 6 WINDFALL COMPUTATION CONSIDERATIONS 8 4 THINGS I WISH I KNEW WHEN I BEGAN 11 NEW MEMBER SPOTLIGHT : JAMES WHITAKER 12 Q & A WITH SSA 18 NETWORKING WEEKEND ITINERARY : SEPT 27-30

NADR NEWSLETTER SECOND QUARTER 2018

IN THIS ISSUE 3 A NOTE FROM THE PRESIDENT 4 WHAT’S IN YOUR VOICEMAIL? by Patty Sexton 5 VETERAN MEMBER SPOTLIGHT : WILLIAM “BILL” WRIGHT 6 WINDFALL COMPUTATION CONSIDERATIONS BY JAMES REDMOND

CONTENTS

8 4 THINGS I WISH I KNEW BY WANKE HAMPTON 11 NEW MEMBER SPOTLIGHT : JAMES WHITAKER 12 NADR Q & A WITH SSA 18 NETWORKING WEEKEND ITINERARY : PROVIDENCE, SEPT 27-30 20 NADR BOARD OF DIRECTORS

a Note from the President NADR’s SSA Problem Database “So then I asked for a disc of the file, and they said I couldn’t have one”; “The Claims Rep called my client and told him he didn’t need a rep”; “I requested a DEQY to help complete the work activity report, and the Supervisor said they could not provide that, then refused to give me the Area Director’s name”.

Sound familiar? If you’ve ever been to a NADR event, or met with one or more other disability representatives anywhere, or spent even a half hour reviewing Talklist posts, the above “war stories” will seem commonplace.

Groaning about SSA’s misapplication of policy or failure to adequately serve the public, is (as reps) necessarily one of our most constant pastimes.

NADR’s two primary missions are: Educate our Members; and Lobby for our Members. So, we feel your pain. Over and over we meet with Deputy Commissioners and their staff at SSA Central Office in Baltimore about the types of problems mentioned above, (and dozens more). For the most part, we find CO staff understanding and in agreement with our interpretation of the “correct” policy or procedure.

Sometimes they quickly issue clarifications to their nationwide staff – whether targeted toward Field Offices, DDS’s, Payment Centers, Regional Offices, Hearings Offices, or all.

But SSA is a huge agency, and some facilities are managed as if they’re independent fiefdoms. For policy corrections to filter down to thousands of employees can take a long time. I’ve found it does little good to tell a local CR, “Hey, I talked to Ms. LaConfora at Woodlawn last week and she said I’m right, so you need to give me that disc!” Nope. Blank stare. I’ve probably just guaranteed I’ll NEVER get the disc.

What to do? On the NADR.org website we explain a two-pronged approach to common problem-solving.

Log in as Member, Members Only tab, Resources tab, SSA box. The two approaches are not mutually exclusive, in fact, we generally recommend using both: 1. Chain of Command.

We list for you the highest recommended rung in the chain of command, as expressed to us by the Deputy Commissioner of Operations – The Regional Communications Directors. 2. NADR’s SSA Problem Database. Here we collect your stories. Then we can categorize them into groups and take them back to Baltimore to show how the policies and procedures they’ve agreed with are (or are not) being applied across the nation. Or in one Region. Or in one Area.

Or in one office. By showing exactly where the problems are, we can ask SSA to remediate – even right down to an individual CR if necessary.

But we need your help. There is strength in numbers. It might feel good to blow off steam while sitting around the bar in New Orleans talking to Wener or Chermol, but what does it accomplish? (O.K., maybe quite a lot, but the problem will persist). The more data we can show the DC’s, the more likely we’ll see a solution. We are streamlining the process so that reporting will be easier, but to be most effective we ask you to report EVERY incident, even if it’s the same one over and over.

Tedious? Not so much if you’re brief and get use to the process. Effective? I think you’ll be amazed. Maybe not next week, but perhaps next year.

It may seem on some level that we are asking you to help us with this endeavor. But hey, we are YOU! So, we’re really just asking you to help yourself.

Please help.

Philip Litteral, NADR President

NADR NEWS | SECOND QUARTER 2018

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WHAT’S IN YOUR VOICEMAIL?

BY PATTY SEXTON Beep… “You have just reached Pam, Dave and kids. We are at the beach, leave a message!” As a potential disability client, what does your voicemail message say about you? That you’re at the beach? Or, hard at work ensuring the success of your current clients? It makes an enormous difference what your potential clients hear when you aren’t immediately available.

As I’ve made calls to both the new members and reminder calls for NADR membership throughout the years, I’ve been struck with some of the messages our voicemails and e-mail handles have portrayed.

Some are professional, but some are lacking in the ability to present you as professional, competent, capable, and ready to serve your clients. This also includes messages that are two minutes long with everything from your address, hours, fax number, and every other detail I don’t want or need. I can’t imagine listening to a message that long every time I called. I would change reps immediately!

What about your email? Is yours Hangin’around@ yahoo.com or Periwinklepixiedust@hotmail.com?

Does it convey your dedication to your clients or to your favorite hobby? It should make sense with your business name or your name with your business

attached. Make it easy for clients and potential clients to have confidence in you from the start.

It is also amazing to me how few calls were met with a “Hello, this is ……” The majority of the calls went to straight to voicemail with no introduction or instruction. As Michael Liner has told us: Answer your phone, call back immediately. While I’m on the phone most of the day, I do assure my clients they will hear from me that day. You can even create a customized text that states you are on the phone but will call as soon as you can. At a minimum, have an office call-back policy and make it known.

Calling back is vital to building your business and maintaining satisfaction with your clients.

Let’s represent ourselves as professional, competent, capable representatives with professional monikers and pleasant, informative voicemails. If you are available, answer your phone. If you are not, respond quickly.

Patty Sexton is the owner of Mission Possible and has been a long time and involved NADR member.

She has served on the Conference Committee, Board of Directors, and currently serves on the Membership Committee.

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NADR NEWS | SECOND QUARTER 2018

NOT AN ATLASWARE USER? YOU’RE MISSING OUT! JUST ASK YOUR COLLEAGUES ABOUT US

VETERAN MEMBER SPOTLIGHT WILLIAM “BILL” WRIGHT What did you do before you became a representative?

I graduated from the University of Colorado at Boulder and started my career in Information Technology. I have over 20 years’ experience in IT including client support, application development, web design, business analysis and project management. I initially worked as an IT contractor, which led to corporate positions with General Electric, Siemens, Eckerd Corporation and Nielsen.

I specialized in software systems design and managing large-scale, complex projects.

How long have you been representing clients?

I joined Quikaid in December of 2009 and performed my first Hearing on January 6, 2011. It was a “bench” decision. My client, Arlene (shown in photo taken immediately following the hearing), said she wanted to take me and my brother out to dinner with her daughter to celebrate her approval. Once the Fully Favorable decision was in writing, we went to the Maritana Grille (at the Don CeSar hotel in Saint Petersburg), a fine dining establishment where she had worked for 25 years bussing tables – but where she had never had dinner! She said she always dreamed of having dinner there. It was a special night and a great start to my representation career.

What do you enjoy most about this profession?

Quikaid was originally founded in 1993. It was a small, local business when I joined. In fact, 100% of our clients were in the Tampa / Saint Petersburg area of Florida. My brother and I took an ownership interest in the business in 2009 with a goal of providing exceptional service on a national basis.

From the beginning, I enjoyed being very handson, including performing Intake, filing applications, filing appeals, answering the phones, requesting medical records, paying invoices, writing briefs, conducting Hearings, etc. As our business grew, my

role evolved into building and developing a team, developing software to facilitate our growth, and building a network of exceptional attorneys and EDPNAs throughout the country to conduct Hearings for our clients. So, what I have enjoyed most has been the opportunity to help our business grow. My role continues to evolve every day. There is not one day like any other! Every day is exciting and challenging. I always find myself saying, “I can’t believe it is 6 o’clock already! I feel like I just got here!”

How long have you been involved in NADR and how has it impacted your professional goals?

Before I decided to take the leap of faith and enter the disability representation field, I researched NADR’s website to get a better handle on what it is like to be in this industry. I officially joined NADR in 2011 and relied on NADR’s training materials prior to taking the EDPNA exam in 2011. The advice and knowledge gained from NADR has always been critical to my personal and our company’s success – literally from the beginning. As we continue to grow, NADR helps us keep on top of industry trends and issues facing our industry. We also utilize the Telephone Referral Service (TRS), which has proven to be a great benefit to our company.

What legislative issue or membership benefit would you like to see NADR focus on/offer in the next few years?

Obviously, the current environment has been challenging to the disability industry in general, so it will be important that NADR continues to be a voice for disabled people and their representatives throughout the U.S. With new leadership at SSA, it will be important to develop strong relationships so they understand how critical our service is to our clients.

NADR NEWS | SECOND QUARTER 2018

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WINDFALL COMPUTATION CONSIDERATIONS jaMES REDMOND If you routinely take initial SSD and SSI claims, you must decide if you wish to take an SSD claim, an SSI claim, or both. If you know that there is a retroactive onset date that is at least 5 months prior to the filing date and you know that the PIA is greater than the base SSI rate, it would probably be prudent to take an SSD claim only because if the claim is ultimately approved and it is concurrent, the SSI will generally be paid first and the SSD benefits due will be subject to the windfall offset provisions. What this means is that when the SSD benefits are paid, a reduction of retroactive SSD benefits are made by the amount of SSI income that would not have been due if the SSD benefits were paid on time.

Most times this SSI windfall offset computation is done by the system automatically and the results of the SSI windfall computation are posted to the SSI query that the program center has access to.

Most times, when the program center adjudicates an SSD claim that is concurrent and subject to the windfall provisions, the claims authorizer can get the SSI offset results that are automatically posted to the SSI record and then pay the net difference between the gross amount of SSD due minus the SSI offset amount.

If the SSD PIA is lower than the base SSI rate, the SSD benefits due will always be subject to the windfall provision.

In some cases, if the date of onset is not retroactive and the established onset date is the same as the date of filing, it still may be prudent to withdraw the SSI claim, even if there are potential SSI benefits during the 5-month waiting period. In that scenario, especially when there is an interim assistance agreement on the record, then the retroactive SSI check would be paid first to reimburse the state for any public assistance

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NADR NEWS | SECOND QUARTER 2018

received while the SSI claim was pending. In this case, when the SSD is eventually paid, the system will perform an offset computation which would result in less SSD benefits in the long run.

In that case, it might make sense to withdraw the SSI claim, so that the client is entitled to the full amount of the SSD benefit, even if they give up potential SSI during the waiting period.

In some cases, the SSI system cannot post the results of an SSI windfall computation automatically. This generally happens when there are multiple SSI records and the offset period encompasses a time that extends over more than one SSI record. In that case, an alert is triggered to the field office to perform a manual offset computation. Basically, the claims representative at the FO must do a manual computation to determine the amount of SSI benefits that would have been due if we had paid the SSD income on time.

Be leery of these cases that require a manual computation, as these computations are extremely prone to error as they are done by a human! If you have any doubt about the accuracy of the proposed windfall computation amount, you can request a reconsideration and have someone else in the FO review the figures and explain the resulting offset amount.

If a client files a concurrent disability claim and it is determined that that there is no SSI eligibility, or if it determined that the individual is not currently insured for SSD benefits, then there will not be a windfall offset computation. In these cases, the FO must delete the erroneous windfall indicator on the SSD or SSI record so that the SSD or SSI benefits can be paid without a windfall computation.

WINDFALL COMPUTATION CONSIDERATIONS (Continued)

In cases such as this, the FO can complete an electronic form 4345 which documents the results of the windfall computation. This same form is transmitted to the payment center to document results of a manual windfall computation.

In cases when the FO releases the SSD benefits before the SSI benefits, then a reverse offset computation is needed. In this scenario, when the SSI benefits are figured, the system must contain amounts of the SSD benefits that would have been paid month by month, instead of when the retroactive SSD benefit was paid.

Windfall offset provisions are in POMS SI 020006.000 – SI 02005.200.

If the FO posts results of a windfall computation that results in an SSI overpayment that is not the fault of the client, he/she should immediately file a waiver of overpayment. In this situation, the client is clearly not at fault, and if they are receiving SSI or do not have the financial means to pay the overpayment back, it should be waived.

In fact, the FO is instructed to administratively waive all overpayments under $1000 in any situation, except situations when a client cashes an original and replacement check. This provision is known as impeding the effective or efficient administration of TXVI (SSI) of the Act. Instructions are located at SI 02260.030.

This provision is not generally shared with the public, unless an SSI client specifically requests an administrative waiver.

James Redmond lives and works in Rochester, New York. He is a knowledgeable advocate and has spoken at NADR conferences in the past.

NADR NEWS | SECOND QUARTER 2018

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4 Things I Wish I Knew When I Began Representing Claimants for Social Security Disability Representing claimants for Social Security is no small task. Many claimants have no other means to become self-sufficient without Social Security or SSI benefits. It is imperative for advocates to pay extreme attention to each document filed within the case. As an advocate who only practices Social Security disability and SSI claims, I have had the opportunity to learn from many of my own mistakes.

I have represented claimants for over 30 years, in multiple states, at all stages. By sharing my own experiences, I aspire to inspire new advocates to take the necessary steps to represent their claimants. While no case is the same, learning the following strategies were critical steps when I began serving claimants for social security. Always get to know your client and set some boundaries between you and the claimant. Honesty helps on both parts.

1. Fully Develop the Evidentiary Record.

The evidence in a Social Security disability claimants file consists of medical records, forms completed by the claimant and the initial application and reconsideration stages, occasional third-party statements, reports of any consultative, and forms completed by non-examining Social Security physicians and psychologists. Realistically it is up the representative to provide additional evidence.

Typically, the Social Security Administration obtains no other documentary evidence after the hearing request is filed. For example, I had a case where I had over 3000 pages of medical records, drove over 3 hours to represent the claimant, and had spoken to the claimant on a weekly basis for over a year and upon arriving at hearing the ALJ rescheduled the hearing due to the file not being fully developed. I had failed to obtain medical records third-party physicians.

Lesson earned: Read every medical record and request records from third-party physicians.

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NADR NEWS | SECOND QUARTER 2018

2. Periodically update medical records before the hearing.

If you delay ordering all of the medical records until the client has been denied at the reconsideration, you are likely to be surprised by new developments.

The sooner you look at medical records, the sooner you will be able to identify problems; such as adverse medical opinions referenced in the doctor’s notes.

Also, review the most recent medical evidence to know which doctors will be supportive of the disability claim. It’s imperative you are in regular contact with your client in getting updates regarding their treatment, clients will fail to tell you about outside referrals, emergency room visits, or other treatment.

Ongoing review of the medical evidence will alert you to evidence that is potentially missing. Keep in mind the five-day rule. If you don’t have the evidence ten days before the hearing date; write the ALJ a letter letting them know the evidence wasn’t received.

Lesson earned: Require clients to call the office after every doctor’s appointment to update file.

3. Do not submit duplicate evidence Nothing will bother an ALJ more than receiving multiple copies of the same report. The only time in which submission of duplicate medical evidence is justifiable is to show a doctor who rendered a medical opinion had all of the material evidence before him. I have submitted records on ERE that appeared to not have successfully uploaded.

Consequently, I resubmitted the records only to find out the originals appeared days later. This error was first noticed by an ALJ who phoned my office to have the duplicate records removed. Also, when uploading records to ERE make sure the filing date coincides with the date of the treatment.

Lesson earned: Review multiple times all uploaded records in ERE to ensure there are no duplicate files.

4 THINGS I WISH I KNEW WHEN I BEGAN (Continued)

4. Have a theory of the case.

Before you enter the hearing room, you must be able to concisely articulate why your client meets Social Security’s standards for disability. Some judges allow for a brief opening statement. This is an excellent opportunity to set forth the theory of the case and demonstrate your understanding of the law and the facts. Developing the theory requires an understanding of Social Security Disability’s regulations. There are numerous primers available to help you create a foundation for your theory. Think of your theory as your road map for the case. The ALJ must be able to follow the theory you present. It helps to go page by page to access what information is there and how it can be used to help your client get benefits awarded. I do a synopsis of every case even if I have a brief. I use the synopsis as an outline to follow in the hearing. Once the hearing begins, it moves rather quickly. Any skilled advocate and you need to know your case and where evidence can be found without searching while in your hearing.

Lesson earned: Learn and use the Code of Federal Regulations and grids.

Wanke Hampton, from Hampton Disability Specialists based in Florida, is a long-time and valued NADR member. Look for her at the next NADR Networking Event or Conference!

NADR NEWS | SECOND QUARTER 2018

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NADR NEWS | SECOND QUARTER 2018

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NEW MEMBER SPOTLIGHT JAMES WHITAKER What is your vocational background prior to representation?

I graduated from the University of Tennessee at Chattanooga with my Bachelor of Science in Accounting in 2015. I worked for over a year as an accountant for a hospital before moving over to a disability advocate business.

How long have you been a representative?

I took the EDPNA exam this past May and plan to start representing claimants this fall. I have worked with Muse Disability for a year and half now. With Muse, I have worked as a claims representative, completed initial intakes, filed appeals, prepared files for hearings, and more.

How did you get involved in representation?

I got involved with representation through my uncle, Scot Whitaker. Assisting people in need has always been important to me. My mother has worked in special education her entire career, and her kids have always inspired me. After observing a

few hearings and discussing the opportunity with Scot, I knew it was what I wanted to do.

What made you decide to become an NADR member?

I became a NADR member to learn more and better myself as a new representative. I knew the organization was made of wonderful people who are more than willing to share their knowledge as a representative and to help others learn from their experiences. I wanted to be a part of that.

What do you hope to get out of your NADR membership?

I hope to gain valuable hearing tactics and techniques and to learn more about being a representative. I hope to start friendships that will last a lifetime. I am excited for what my future holds with NADR!

NADR NEWS | SECOND QUARTER 2018

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NADR Q & A WITH SSA SSA promised to answer our leftover questions from the 2018 Annual Social Security Law Conference in St. Louis.

Please see their responses below.

Hearing Office Issues:

1

Can you clarify to all hearing office staff that all professional representatives, attorney or non-attorney, have the same right to bring necessary IT tools into the hearing offices? In the Key West hearing office, a guard recently prevented an EDPNA from taking her laptop into the building because “she was not an attorney.�

Response: We will remind our offices there are currently no prohibitions regarding who can bring electronic devices, including laptops, into our hearing offices. Additionally, we will investigate the specific incident at the Key West site. This action was presumably taken by a guard unaware of our policy. We recommend that any future instances of this type be referred to local management for resolution.

2

Is there a plan to move to a central scheduling program for hearing offices? If so, how will conflicts for representatives that work in more than one hearing office be resolved?

Response: We have been piloting a scheduling initiative that pools support staff resources from hearing offices in close geographic proximity. Based on the pilot, we recognize the importance of working closely with representatives to ensure we are efficiently scheduling hearings. As we expand to other offices around the country this year, our implementation plan includes an extensive communication plan with the Representative communities surrounding the pilot offices to ensure Representatives are clear on how we will be scheduling and how to contact us if there are issues.

3

Is there a plan to expand the number of hearing offices overall, and/or change the area of jurisdiction of the existing hearing office locations?

Response: We have no current plans to expand the number of hearing offices. We continually assess the service area of our offices to ensure our offices are serving the proper communities and number of claimants.

4

We understand that SSA plans to move to a regional or national contract for Vocational Experts. How will you ensure that VEs have the qualifications to provide accurate expert testimony?

Response: SSA continues to consider options for securing vocational expert (VE) services moving forward. SSA is currently assessing the success of the Single Provider Contracts (SPC) for our Verbatim Hearing Reporters (VHR) before determining the suitable use of SPCs for VE services in the future.

SSA will continue to ensure contracted VEs have the training and experience to provide accurate expert testimony by verifying their training and experience utilizing a similar approach to our current internal agency process.

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NADR Q & A WITH SSA (Continued) Hearing Office Issues: continued

5.

In some offices, hearings have been cancelled because the video hearing reporter did not appear. How often is this happening under the new VHR contract?

Response: We have not seen a degradation in service caused by the implementation of the Single Provider contracts for VHR service. The percentage of hearings cancelled for this reason has remained constant in recent years and so far in FY 18 we have seen a modest improvement over FY 17.

ALJ Issues:

6.

What should a representative do if we suspect that cases are not being randomly assigned in a hearing office?

Response: To the extent that a representative has evidence of a violation of our policy, we recommend that he or she work with local management on such issues. If a representative is unable to obtain confirmation from local management that we are following our policy in this regard, the representative should raise the issue with the Regional Office.

7.

Will the Supreme Court’s review of Lucia v. SEC have an impact on SSA ALJs? If so, what steps is SSA taking to address this issue?

Response: It is not clear whether the Lucia decision will affect SSA ALJs, and if so, exactly what that impact will be. SSA continues to work closely with the Department of Justice on this issue and after the case is decided will determine what, if any, impact the decision has on SSA ALJs.

Addressing the Hearings Backlog:

8.

You noted that the number of cases with hearings pending has fallen. What percent were dismissals as opposed to a decision being issued?

Response: On the average, 21% were dismissed compared to 79% of decisions being issued.

9.

The wait times at the National Hearings Office is now averaging more than 700 days, when the national average is 605 days. Any insight into why this is occurring?

Response: The transfer of disproportioned aged cases to our National Hearing Centers( NHCs) have enabled some of the most impacted hearing offices in the country to improve the wait times by working the oldest cases first. As such, these aged cases have contributed to the high average processing times (APT) that the NHCs are now experiencing. As the NHCs continue to work these cases, their APT will remain higher than normal.

NADR NEWS | SECOND QUARTER 2018

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NADR Q & A WITH SSA (Continued) Addressing the Hearings Backlog: continued

10.

In the CARES plan you indicate that SSA intends to move to a first-in, first-out process at the national level as opposed to local offices. Has this started, and if so, what has the impact been?

Response: The National first-in-first-out (FIFO) initiative involves sharing resources across the country and matching up resource availability to prioritize cases that have been waiting the longest.

Through this initiative, we will pool available resources to help balance workloads and accommodate staffing shortages across the nation. While we have not yet fully implemented National FIFO, we are working on other initiatives, such as the aforementioned shared scheduling pilot, that will work towards a national model.

11.

When you say the goal is to deliver a decision in 270 days, is that from the date of the request for a hearing?

Response: Yes, 270 days is the number of days from the date of the request for a hearing.

All-Evidence Rule:

12.

What is the criteria for SSA to file a complaint against a representative for alleged violation of the allevidence rule? Will you make the criteria available to representatives?

Response: The rules of conduct and standards of responsibility for representatives are covered by 20 CFR 404.1740-1799 and 20 CFR 416.1540-1599. See also HALLEX I-1-1-40 et. seq.

We recommend reviewing SSR 17-4p regarding a representative’s affirmative duty to assist in developing written evidence.

13.

What should a representative do if a medical provider refuses to provide evidence? What role do hearing offices play in helping to make sure that medical providers comply with requests for information?

Response: A representative may request assistance from a hearing office in developing evidence, when the representative has been unable to obtain the evidence despite good faith reasonable efforts to do so. In certain circumstances, the representative can ask an Administrative Law Judge to issue a subpoena. However, the evidence must be “reasonably necessary for the full presentation of a case.”

See 20 CFR 404.950(d) and 416.1450(d). Representatives should review the guidance set forth in the Best Practices for Claimants’ Representatives, updated in October 2017. Section 2.09 provides guidance on subpoenas. That section states: 2.09 Submit requests for a subpoena only after you have exhausted good faith, reasonable efforts to obtain the evidence and ensure that the request meets all of the requirements.

Our regulations require all subpoena requests to be submitted no later than 10 business days prior to the date of the scheduled hearing, unless you demonstrate good cause for a late request. See 20 CFR 404.950(d) and 416.1450(d) and HALLEX I-2-5-78 for requirements for subpoena requests.

Please note that a subpoena will only be issued if you have met all of those requirements, including compliance with the timeframe for submitting a request, and after you have made good faith, reasonable efforts to obtain the evidence without a subpoena.

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NADR Q & A WITH SSA (Continued) Hearing Office Issues: continued

14.

If a claimant is willing to waive the 75-day notice requirement, shouldn’t the hearing office be willing to waive the 5-day rule for submission of evidence?

Response: If a claimant waives the 75-day notice requirement, the 5-day rule still applies. If more time is needed to inform us about or submit evidence, the case may not be ready for a hearing.

Additionally, the waiver of the 75-day notice requirement may constitute good cause for failing to comply with the five-day rule, depending on case specific considerations.

15.

What should a representative do if the file is not exhibited 5 days before the hearing, when the prehearing brief is due? Should the 5-day rule be waived under those circumstances?

Response: Case preparation and exhibiting is a separate issue from the 5 day rule. We recommend that representatives work with local management on such issues.

ON-THE-RECORD REQUESTS:

16.

You stated that informal remands are resulting in a 7 percent reversal using PATH. Can you provide NADR with the criteria for evaluating cases through the PATH program?

Response: Through Proactive Analysis and Triage for Hearings (PATH), we mined and extracted data from more than 2.9 million cases with DDS initial and reconsideration determinations from 2011 through early 2017. Using information from these data sets, we identified characteristics of cases that retrospectively establish a strong correlation with favorable decisions. In essence, we identified characteristics of favorable decisions, and we can look for those characteristics in cases that have not yet been processed. We continuously update the model, and variables we look for include, but are not limited to: claimant’s year of birth; program (DI/SSI/concurrent); type of claim (e.g., disability); and prototype state (yes or no).

17.

You indicated that SSA plans to reinstitute senior attorney adjudication for OTRs pending OMB extending that authority. When do you expect that to happen?

Response: Yes, we plan to reinstitute the National Adjudication Team, which is our SAA team dedicated to adjudicating possible OTRs, on a limited basis in fiscal year 2018, and we will continue it in future fiscal years. We are working with OMB to extend, and make permanent, our SAA regulatory authority, and it is a priority for our agency. However, the timeframe is dependent on OMB.

NADR NEWS | SECOND QUARTER 2018

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NADR Q & A WITH SSA (Continued) ON-THE-RECORD REQUESTS: continued

18.

What is the status of the OIS replacing the DOT? In the meantime, how is information currently available from the ORS being factored into the disability determination process?

Response: Developing Occupational Information System (OIS) to replace the Dictionary of Occupational Titles (DOT) is progressing according to schedule. Starting in 2015, the Bureau of Labor Statistics (BLS) is collecting production data over the course of three years that OIS will use as its base. We anticipate receiving the third and final year of this data in early 2019. We plan to begin implementing OIS data in our disability programs in 2020. Until that time, BLS Occupational Requirements Survey (ORS) data does not factor into disability determinations. We are analyzing the data and preparing policy for OIS implementation.

19.

Given the delay in issuing favorable decisions after a hearing, is there any plan to expedite decisions writing on allowances ahead of denials?

Response: We generally follow FIFO processing of our cases, and we occasionally set aside certain days per month to focus on writing allowances.

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NADR NEWS | SECOND QUARTER 2018

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Please join us in Providence, Rhode Island for our 6th Annual Networking Weekend.

These events are so much fun and provide a relaxed, laid back atmosphere for learning and exchanging ideas. The conversations that you will have with other NADR members will leave you feeling recharged and motivated. Don’t we all need that?

See below for more event details.

Registration Fee: Early bird rate is $100 for members and $125 for nonmembers. The fee includes the Meet and Greet cocktail reception, a group breakfast, a speed networking session, and the presentation: NADR Think Tank: An Interactive Group Idea Share. Optional tickets will be available for purchase for a group dinner on Friday, 9/28 and we will be in town for the renown WaterFire show on Saturday at Sunset! Don’t miss this fantastic opportunity to get to know fellow representatives! Register now; early bird rate expires 7/1! www.nadr.org Room Reservations: We will be staying at the Hilton Providence in walking distance to Federal Hill, Providence’s “Little Italy”. NADR has secured a discounted rate of $169 and a booking link will be provided upon event registration.

Tentative Agenda: The registration fee covers the agenda items marked by an asterisk.

Anything else is optional and may have an additional fee. We have left “blank space” in the agenda so that you can feel free to design your weekend your way. Use our suggested activities to make plans with other attendees or just use the time to relax and recharge.

Thursday 9/27/18 *6-7pm – Meet & Greet at the Hotel (location TBD) –Enjoy hors d’oeuvres and the open bar while making dinner plans with NADR friends.

Friday 9/28/18 Breakfast and Sessions will be held at the host hotel. *8-9am – Breakfast provided for all registered attendees. *9-10:15 – Networking: Get to know fellow attendees in a fun and unique way!

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NADR NEWS | SECOND QUARTER 2018

*10:30-12:30 – NADR Wheel of Knowledge: Idea Exchange – NADR members Shirley Jenks and Dr. Wheel Carletta team up to facilitate this– exciting session that allows *10:30-12:30 – NADR ofGriffin Knowledge: Idea Exchange NADR members *10:30-12:30 – NADR Wheel of Knowledge: Idea Exchange – NADR members you to Jenks discussand common issues Griffin and tips of the complete with sample documents Shirley Dr. Carletta team up trade, to facilitate this exciting session that allows Shirley Jenks and Dr. Carletta Griffin team up to facilitate this exciting session that allows and processes.

Many people enjoy conversations in the hall the most at you to discuss common issues say andthat tips they of the trade, complete with sample documents you to discuss common issues and tips of the trade, complete with sample documents NADR conferences.

This is basically what thisenjoy session (and really, in the entire weekend) and processes.

Many people say that they conversations the hall the most atis and processes.

Many people say that they enjoy conversations in the hall the most designed for…learning others in a relaxed setting.

Meet and get to know otheratis NADR conferences.

Thisfrom is basically what this session (and really, the entire weekend) NADR conferences. is basically what this session (and really, the entire weekend) representatives whileThis discussing relevant issues related to Social Security designed for…learning from others in a relaxed setting.

Meet and get to Disability know other is designed for…learning from in a relaxed setting.

Meet and getleave to Disability know other Representation and bestothers processes that others are to using.

You will a better representatives whilethe discussing relevant issues related Social Security representatives whilethe discussing relevantthat issues related Social Security Disability representative! and Representation best processes others are to using.

You will leave a better Representation and the best processes that others are using.

You will leave a better representative! **Everything listed below is OPTIONAL and an additional fee may apply** representative! **Everything listed below is OPTIONAL and an additional fee may apply** 12:45pm**Everything – Lunch on listed your Own – There are numerous in Federal “Little Italy” below is OPTIONAL and anchoices additional fee mayHill apply** 12:45pm – Lunch on your Own – There are numerous choices in Federal Hill “Little Italy” 2:30-6:00pm – Explore theOwn waterfront, a tour (NADR has options listed), or relax and 12:45pm – Lunch on your – Theretake are numerous choices in Federal Hill “Little Italy” enjoy catching up withthe colleagues.

2:30-6:00pm – Explore waterfront, take a tour (NADR has options listed), or relax and 2:30-6:00pm – Explore the waterfront, take a tour (NADR has options listed), or relax and enjoy catching up with colleagues.

6:30pm – Group Dinner (TBD) – Meet us in the hotel lobby and we will walk/uber to the enjoy catching up with colleagues. restaurant together.

6:30pm – Group Dinner (TBD) – Meet us in the hotel lobby and we will walk/uber to the 6:30pm – Group Dinner (TBD) – Meet us in the hotel lobby and we will walk/uber to the restaurant together.

9:30pm – 11:30pm – Networking on the Rooftop – Enjoy a beautiful view of downtown restaurant together.

Providence from this rooftop baron while other attendees.

9:30pm – 11:30pm – Networking the getting Rooftopto– know Enjoy a beautiful view of downtown 9:30pm – 11:30pm – Networking on the Rooftop – Enjoy a beautiful view of downtown Providence from this rooftop bar while getting to know other attendees.

Providence from this rooftop bar while getting to know other attendees.

Saturday 9/29 (This day is intentionally left mostly free so that groups can go into Boston or Newport for (This the day, Saturday 9/29 day ifisdesired) intentionally left mostly free so that groups can go into Boston Saturday 9/29 (This day is intentionally left mostly free so that groups can go into Boston or Newport for the day, if desired) 8:00 am – Breakfast Meet NADR members in the lobby and choose a place for or Newport for the day, if desired) breakfast 8:00 am – together!

Breakfast - Meet NADR members in the lobby and choose a place for 8:00 am – Breakfast breakfast together! - Meet NADR members in the lobby and choose a place for 11:00am– Lunch - Meet in the lobby on the terrace and we can walk to the restaurant breakfast together! together.

11:00am– Lunch - Meet in the lobby on the terrace and we can walk to the restaurant 11:00am– together. Lunch - Meet in the lobby on the terrace and we can walk to the restaurant 1:00-6:00pm – Explore Providence- Take in all of beautiful Providence as you stroll together. through the city.

We will have a list of suggested activities Providence or tours available.

1:00-6:00pm – Explore ProvidenceTake in all of beautiful as you stroll 1:00-6:00pm – Explore ProvidenceTake in all of beautiful Providence as you stroll through the city. We will have a list of suggested activities or tours available.

6:00pm –Providence WaterFire Show Free and open to the public…you do not want to through the city. We will have a list of suggested activities or tours available. miss this!–Providence WaterFire’s over eightyShow sparkling bonfires, scent of do aromatic wood 6:00pm WaterFire Free and openthe to fragrant the public…you not want to 6:00pm –Providence WaterFire Show Free and open to the public…you do not want to smoke, the flickering firelight on the arched bridges and the enchanting music from miss this! WaterFire’s over eighty sparkling bonfires, the fragrant scent of aromatic wood miss this!the WaterFire’s over eighty sparkling bonfires, the fragrant scent of aromatic wood around the world engage allon thethe senses and emotions ofthe those who stroll the paths of smoke, flickering firelight arched bridges and enchanting music from smoke, the flickering firelight on the arched bridges and the enchanting music from Waterplace Park. engage We will announce the and meeting location so wewho canstroll viewthe together around the world all the senses emotions of those paths of around the world engage all the senses and emotions of those who stroll the paths before making dinner and nightlife plans!

Waterplace Park. We will announce the meeting location so we can view together of Waterplace Park.

We will the meeting location so we can view together before making dinner andannounce nightlife plans! before making dinner and nightlife plans!

Sunday 9/30 Sunday 9/30 8:00 – 9:30am Sunday 9/30 - Breakfast - Meet in the lobby to decide where to go together and say goodbye over-breakfast.

8:00 – 9:30am Breakfast - Meet in the lobby to decide where to go together and say 8:00 – 9:30am Breakfast goodbye over breakfast. - Meet in the lobby to decide where to go together and say goodbye over breakfast.

NADR NEWS | SECOND QUARTER 2018

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a Sirman 2-822-2155 a@nadr.org

lie Phelps 2-822-2155 min@nadr.org

ADR

Box 96503 ashington, DC 20090-6503 one: (202) 822-2155 x (972) 245-6701 eb Site: www.nadr.org

Board of Directors 2017 - 2018

President Philip Litteral, ADR Ashland, KY

Vice President C. Greg Cates, EdD., ADR Memphis, TN

Secretary Barbara Manna, ADR Pittsburgh, PA

Treasurer Michael Wener, ADR Memphis, TN

Director At Large Clifford Berkley, ADR Fullerton, CA

Director At Large Marilyn Hamilton, Esq. Atlanta, GA

Director At Large Christopher Mazzulli, ADR Baltimore, MD

Director At Large Mary Perry, ADR Rochester, NY

Director At Large Randy Persad, ADR Portland, TX

NADR News is published by NADR and is the property of the National Association of Disability Representatives. Copyright 2016, NADR. The articles appearing in the NADR News do not necessarily reflect the opinions of NADR. The accuracy and content of each article is the responsibility of the individual writer.

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NADR NEWS | SECOND QUARTER 2018