2023 Q1 NADR Newsletter

TOTAL INTERACTIONS AT

29,6

Taps, Views and Votes Cast in Chime

KEY ENGAGEMENT METRICS

AUDIENCE INTERACTIONS

236

125

Attendees Logged-On

1 , 3 16

Average Interaction Per Attendee

Live Stream Views

839

Biography Views

TOP CONTENT INTERACTIONS

Schedule

3, 479

Networking

2, 062

Agenda Views

342 EDPNA Requirements Over Breakfast: Course 2 & Course 3 200 "Get to the Point": Writing a Prehearing Memo that Gets the ALJ's Attention, Presented by Lindsay Osterhout

Session

1, 838

Speakers

1, 351

160 Representative Roundtables: Exploring a Wide Range of Relevant Topics, Virtually and In-Person 159 Keynote: Slow Your Roll: Mindfulness for Fast Times, presented by Greg Graber

Ask A Question

1, 141

Exh

Live Polling

1,

1, 116

134 Keynote: The Current State of Disability Representation 117 Ethics: What Would You Do? Presented by Professor Robert Rains Is Success at the Appeals Council 110 Possible? presented by Sarah Bohr and Linda Cosme

Live Stream Unique Vie

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General S

NATIONAL ASSOCIATION OF DISABILITY REPRESENTATIVES

FIRST QUARTER 2023

IN THIS ISSUE:

3

A NOTE FROM THE PRESIDENT

4

NADR NEWS

7

2023 NADR ANNUAL CONFERENCE

8

JIM BROWN ARTICLE

9

SSA & CONGRESS COMMITTEES INFOGRAPHICS

13

FEE ISSUES REPORTING

25

BOARD OF DIRECTORS

CONTENTS

NADR NEWSLETTER FIRST QUARTER 2023

IN THIS ISSUE 3

A NOTE FROM THE PRESIDENT

4

NADR NEWS

7

2023 NADR ANNUAL CONFERENCE

8

JIM BROWN ARTICLE

9

SSA & CONGRESS COMMITTEES INFOGRAPHICS

13

FEE ISSUES REPORTING

25

BOARD OF DIRECTORS

A NOTE FROM THE PRESIDENT Note from the President: Q1 2023

NADR Website and submit it to Feeissues@NADR.org.

As usual, it’s been another busy time for NADR!

Speaking of fees, the new fee cap is finally here! If you haven’t updated your fee agreement to reflect the new cap of $7,200, please do so now. If you are using the 1693 Fee Agreement and haven’t downloaded the newest one, you can find it here Fee Agreement for Representation before the Social Security Administration (ssa.gov)

On November 9, the NADR Legislative Committee met with senior SSA staff to discuss many of the issues that are most important to our members. Please see page 4 for a summary of that meeting.

On December 15, we met with OHO staff to discuss the continued modification of the CSU. SSA previously announced they are moving the actual scheduling back to the local hearing offices, but the big update is they are ready to go live with the online submission portal in February 2023. Please watch your emails for more information as we get it.

Our next in person event is the NADR Annual Law Conference in Denver, CO April 2-5, 2023.

In the meantime, take advantage of our other monthly educational opportunities between NADR Connect, NADR Mastermind and our Webinar Series.

Here’s to a happy New Year and I look forward to seeing everyone in Denver!

As announced earlier, NADR and NOSSCR have been working together the last few months on several projects that will benefit representatives and claimants alike. The biggest of which is eliminating the 5-month waiting period for SSDI claims. Other joint projects are free medical records for every disability claimant (and representative) and permanent use of electronic signatures. Stay tunes for updates!

Michael Wener, ADR NADR President

On November 1, 2022, NADR rolled out the Delayed Fees Project submission process.

Getting this project going has been a yearlong process and in its first few months, it has seen a lot of success. Several fees that you have submitted have already been paid and many more are on the way to resolution. To date, we’ve submitted 358 fees that were over 9 months post approval and 194 of them have already been paid. To put it in more perspective, $1,164,518.08 has been reported and $719,189.13 has been paid to advocates.

If you have fees over 9 months old and are tired of banging your head against the wall, download the submission spreadsheet from the NADR NEWS

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FIRST QUARTER 2023

NEWS FROM NADR/SSA MEETINGS I.

Scheduling of Hearings to return to Local OHO’s!

On 11/9/22 the NADR Legislative Committee met with several SSA officials, who told us that SSA is planning to return scheduling to local hearings offices and eventually phase out the Regional Centralized Scheduling Centers. No exact time for the change was given, but testing of systems and procedures is underway. The RCSC’s will continue to enhance communication among regions. A National Hearing Center system will allow for centralized submissions of availability by reps.

II.

File Exhibiting Problems Addressed:

On 11/9/22 the NADR Legislative Committee addressed the problem of late exhibited files and unexhibited files (and poorly exhibited files) with SSA officials. The response was that they are aware of the problems and are working to fix them. Returning to in person hearings has created a backlog of files that need re-exhibited, and it will get better. Meanwhile, if you need to refer to evidence that is not yet exhibited, (e.g. – Pre-Hearing Brief), you can refer to it by name, rather than exhibit number. Upon NADR’s questioning, officials pointed out that reps can petition to withdraw from cases if new evidence shows up that changes your relationship with the claimant or situation.

III.

DDS backlogs and wait times. Payment Center phone response.

In a recent meeting with SSA officials, NADR raised the issue of increasingly long adjudication times for Initial Claim and Reconsideration decisions. SSA acknowledged the problems and spoke of staffing shortages. A large number of employees left the State agencies before, during and since the pandemic. The process for DDS is to work on “oldest cases first”, which causes newer cases to subsequently age as well. They are using Program Integrity funds to focus on CDR’s. SSA says that Fiscal Year 2023 hiring will focus on “front line” employees, (which includes state Disability Examiners) but training and mentoring is a lengthy process. In a subsequent briefing, SSA reported they are asking the Administration and Congress for a $1.4 billion increase in FY ’23 funding, above ’22 funding, for staffing increases and other items necessary to address these problems. NADR will be asking the membership to urge their elected officials in Congress to support raising SSA funding. Without more funds, delays and declines in service will get worse.

Among the problems that need to be addressed is getting through to -- and getting responses from -- Program Service Centers about delays in adjudication and payment. A temporary measure to move some PC staff to answering Teleservice (800#) calls, resulted in delays and backlogs in normal PC operations. Even after many adjudicators return to normal operations, backlogs remain. SSA is aware of and working on the problem. Again, staffing (thus funding) increases are required.

IT upgrades are also a component of the phone call problems. Both PC’s and FO’s are using 15 – 20 year old platforms and systems, and a large part of IT upgrades intended to address these problems is a planned transition to newer, more efficient systems. Meanwhile, claimants and reps should avoid calling early in the day and early in the week, when call volumes peak.

NADR NEWS

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NEWS FROM NADR/SSA MEETINGS (CONTINUED)

IV.

Return to In Person Service

The NADR Legislative Committee asked officials of SSA’s Operations office about service delivery to claimants and representatives. SSA says that the pandemic caused a huge shift in service delivery methods. Initial claims went from 50% online and phone to 97% online and phone during Covid changes, with numbers continuing at higher than pre-pandemic levels even after in-office service has been resuming. Upon questioning, SSA acknowledged that they are working to increase in-person service and improve phone service. They have also introduced a “Quick Service” process in FO’s, to move fast interviews through more efficiently.

V.

Don’t Forget Fee Increases

NADR Legislative Committee and SSA OHO officers met to discuss current and upcoming changes and reminders. The SSA-1693 will be updated on 11/30/22 to reflect the new $7,200 max fee cap. Officials urge reps who use their own fee agreements to make sure the new cap is expressed in the agreement, and point out that correct wording of the “escalator clause” will help prevent problems in the meantime. Review the language on the 1693 to make sure your agreements work to your maximum advantage. Officials also point out that the max fee petition limit, (the limit local officials can approve at fee petition) is increasing from $10K to $12K in December. Maybe consider (the limit fee authorizers at the initial, Recon and local ALJ levels can approve at fee petition).

VI.

Goodbye D.O.T.

SSA confirms that it continues to work with the Bureau of Labor Statistics toward refining and implementing the new ORS (Occupational Requirements Survey) system to eventually replace the Dictionary of Occupational Titles. NADR has maintained an ORS task force for several years on this transformative endeavor, and has met often with both SSA and BLS officials for input and updates. Progress continues, and SSA hopes for a phase of implementation “within a year”. The NADR task force will stand ready to comment on any proposed regulatory changes through the Notice of Proposed Rule Making process.

VII.

New Technology at SSA

Aside from improvements to phone systems, SSA officials tout progress on several technological improvement areas.

E-sig systems should be ready to test or begin implementing “within a few months”. More universal implementation of the electronic signature process depends on building the systems changes needed to implement them.

Online SSI claims are in the “discovery” phase, including ways to streamline the application. The goal is to have some form of SSI application available within a year. Meanwhile, DON’T FORGET THE NEW electronic protective filing procedure. This can be a critical tool to use in protecting the interests of your clients. More information and the tool can be found HERE.

NADR NEWS

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NEWS FROM NADR/SSA MEETINGS (CONTINUED)

Online CDR’s. Systems changes are underway to convert the Continuing Disability Review process to a fully online procedure. Design and testing continue and SSA officials tell NADR’s Legislative Committee that implementation is hoped for soon. The paper form SSA-454 is also being changed and proposals will be announced shortly.

Entities for direct fee payment/Entities as reps.

SSA is working on systems changes to allow direct pay to entities, as opposed to individual employees of the entity, when desired and properly requested. After systems are built and tested, a NPRM will be issued to implement the process. NADR’s Legislative Committee stands ready to comment on any NPRM put forward.

Closely related, but different, is the issue of allowing an entity to represent claimants, rather than individuals.

SSA officials point out that this change is also under consideration, but is different from payment to entities, and would come later than the change in payment policy.

VIII.

Listing Changes

NADR has already submitted comments on the NPRM to change cardiac listings. Primarily, our concerns center on SSA’s use of data and literature that was more than ten years old when considering their changes.

Changes in medical procedures have increased exponentially during that time period, including fewer and shorter inpatient hospitalizations. We will keep you advised of any changes to or implementation of the new regulations.

Meanwhile, in a meeting with SSA officials, NADR’s LC was advised that Digestive and Skin Disorder Listings are in line for updates soon, and NPRM’s will be forthcoming.

NADR NEWS

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2023

NADR ANNUAL CONFERENCE

NADR NEWS

7

FIRST QUARTER 2023

THE UNCONTROLLABLE CLIENT JAMES BROWN client is having. Whenever possible he will get a statement from the attending physician about why his client is having these problems.

If any answers such as this occur at the hearing he will interrupt and try to calm the client down by asking a question such as, “Are you still seeing all of the doctors you put on the form? You aren’t seeing any others, are you?” I assured the OGC attorney that my client would be prepared in the future.

Are you prepared should your client have an outburst? Have you warned them never to have one? Getting your client ready to respond to the AU should begin early in your representation.

When they ramble, remind them to start practicing for their hearing by giving short answers. When they are angry, remind them to practice for the hearing by being calm.

That case should have been an easy win if the client was properly prepared.

James Mitchell Brown has represented almost 100 representatives when they receive complaints from the Office of General Counsel. He can be reached at jim@attorneyconsultant.com.

Have you ever had a client who was a loose cannon at a hearing? One lawyer did and it resulted in an inquiry letter from OGC. The client told the lawyer during hearing prep that he didn’t like having to answer the same questions over and over for Social Security. “Why in the F*** couldn’t they just have something where I could click something if there were no changes in who the doctors were, past work etc?”

He told the attorney he would refuse to answer any questions for the judge if he had already provided the answers.

At the hearing the judge asked him to state his social security number and he had his first tantrum telling the judge he already knew it because it was on the notice of hearing he received.

The judge then asked about past work and he said, “What kind of f****** idiot are you? I have filled out six different forms with that information and it is the same every time. This is bull*** if you are unable to read what I have already filled out.”

The attorney interjected and asked if there had been any change in his work since the claim was filed, and he said no.

The judge then asked him what doctors he was seeing, and all hell broke loose. He let the judge know he was a “f****** a****** for wasting his time, the lawyer’s time and the expert’s time by asking stupid questions…” that he already had the answers too. He made a couple of threats about how the judge didn’t deserve to be paid because of his incompetence.

The judge ended the hearing and issued a show cause for why he should hold a supplemental hearing. The lawyer filed an answer citing the claimant’s mental problems.

The judge denied the claim and filed a complaint against the lawyer.

JAMES MITCHELL BROWN ATTORNEY CONSULTANT INC. I change my clients lives for the better.

WWW.JAMESMITCHELLBROWN.COM jim@jamesmitchellbrown.com WWW.ATTORNEYCONSULTANT.COM jim@attorneyconsultant.com 216-621-2022 877-621-2022 216-273-7565 fax PO BOX 22854 Beachwood, OH 44122

In my response, I wrote that this attorney had never experienced a claimant such as this one previously.

He has now changed his procedures for claimants who may be difficult. He will include a statement in his pre-hearing memo about the problems his NADR NEWS

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FIRSTQUARTER 2023

Congressional Committees To manage the volume and complexity, the House and the Senate divides its work between standing committees, special or select committees, and joint committees. These committees are further divided into subcommittees. Of all the measures sent to committees, only a small percentage are considered.

The Committees Structure The US Congress is made up of two chambers: The House of Representatives The Senate

The Congress

Committee Chairpersons present bills to the full chamber for a vote

Members of the House of Reps. can submit bills to Committees for review.

Members of the Senate can submit bills to Committees for review.

Committee Chairpersons present bills to the full chamber for a vote

conference committees

The House of Reps.

The Senate House and the Senate need to reconcile different versions of the same bill

Standing Committees

Special, Select & Other Committees

Joint Committees

House | Senate

House | Senate

House | Senate

20 | 16

NADR NEWS

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| 5

9

Sub-Committees

4

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Standing Committees

Special, Select & Other Committees

Joint Committees

House | Senate

House | Senate

House | Senate

20 | 16

5

| 5

4

Sub-Committees The path of a bill to become law is through committee Most House and Senate committees also establish subcommittees – subpanels of the full committee where members can further focus on specific elements of the policy area

Bills begin and end their lives in COMMITTEES, whether they are passed into law or not. Hearings from interest groups and agency bureaucrats are held at the committee and subcommittee level, and committee members play key roles in floor debate about the bills that they foster.

The extent to which subcommittees play a formal role in policymaking – for example, by holding hearings or marking-up legislation prior to full committee consideration – varies by chamber and by committee tradition and practice. Whatever role a full committee allows its subcommittees to play, subcommittees cannot report legislation to the chamber; only full committees may do so.

House of Representatives Committees & SSA The House of Representatives has two committees that regulate the SSA

NADR NEWS

Ways and Means

Appropriations

the chief tax-writing committee in the House of Representatives

responsible for funding the federal government’s vital activities to keep the United States safe, strong, and moving forward

Subcommittee (6) – Social Security

Subcommittee (12) – Labor, Health & 10

Human Services, Education & Related Agencies

FIRST QUARTER 2023

committee consideration – varies by chamber and by committee tradition and practice. Whatever role a full committee allows its subcommittees to play, subcommittees cannot report legislation to the chamber; only full committees may do so.

House of Representatives Committees & SSA The House of Representatives has two committees that regulate the SSA

Ways and Means

Appropriations

the chief tax-writing committee in the House of Representatives

responsible for funding the federal government’s vital activities to keep the United States safe, strong, and moving forward

Subcommittee (6) – Social Security

Subcommittee (12) – Labor, Health & Human Services, Education & Related Agencies Jurisdiction (3 departments & 15 Related Agencies) – Social Security Administration

The Senate Committees & SSA The Senate has two committees that regulate the SSA

Finance concerns itself with matters relating to: taxation and other revenue measures generally, and those relating to the insular possessions and other health and human services programs financed by a specific tax or trust fund; and national social security

Subcommittee (6) – Social Security, Pensions, & Family Policy NADR NEWS

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Jurisdiction (3 departments & 15 Related Agencies) – Social Security Administration

The Senate Committees & SSA The Senate has two committees that regulate the SSA

Finance concerns itself with matters relating to: taxation and other revenue measures generally, and those relating to the insular possessions and other health and human services programs financed by a specific tax or trust fund; and national social security

Subcommittee (6) – Social Security, Pensions, & Family Policy

Appropriations its role is defined by the U.S. Constitution, which requires "appropriations made by law" prior to the expenditure of any money from the Treasury

Subcommittee (12) – Labor, Health & Human Services, Education, & Related Agencies Jurisdictions (148) – Social Security Administration

SOURCES: https://www.usa.gov/

NADR NEWS

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FEE ISSUES

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It’s Easy to Purchase NADR On Demand Content!

You can either access our on demand store from our website or you can go directly to https://nadr.retrieve.com/ store/#/!

Current Titles

We are constantly adding new content every month! Here’s what’s currently available!

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NADR NEWS

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At Disability Health Advocates, we specialize in teaching Social Security Disability firms and non-attorney representatives how to earn significant additional income by educating their clients about the Medicare Health Plan that best fits the client's needs. We teach you how to help your clients in a transparent and ethical way, while remaining compliant with all State and Federal guidelines.

Original Medicare does not include prescription coverage, and leaves the SSDI recipient responsible for large deductibles and 20% of all medical costs. Fortunately, there are additional health plans available to Medicare Beneficiaries at little to no additional cost, above what they pay for original Medicare. That’s where you come in!

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Complete the Circle of Service, contact us today! o: 801.990.2900 c: 801.244.6584 www.disabilityhealthadvocates.com NADR NEWS

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FOURTH QUARTER 2021

National Association of Disability Representatives

Lets Get Into It!

NADR NEWS

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NADR NEWS

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T HAPPEALS CI R CUI WINNING I T Y CA COUNCILCUR ARGUMENTS 10TH016 EDITION UP D A

Sarah Bohr’s Pocket Guide to Key Social Security Rulings - 13th Edition

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175

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125

DOWNLOADABLE VERSION

New and improved discussion of key Social Security Rulings, through SSR 20-1p addressing education & illiteracy Provides a handy synopsis of key Rulings dating back to 1968 For each Ruling, includes Topics Addressed, Overview of Ruling, & Key Components Highlights which Rulings are repealed and date of repeal e Updates helpful charts - Chart of Ruling by Subject Area & Chart of Acquiescence Rulings by Circuit Handy guide to have at hearings and to use when writing arguments!

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NEW 2022 EDITION! - Available in May

2022 UPDATE! - Available in May

• Updates major regulatory and ruling changes, including SSR 20-1p addressing education & illiteracy & regulations addressing musculoskeletal disorders • New section on setting the manner of the appearance of parties and witnesses at hearings • Includes 10 New winning Appeals Council letter briefs • Updates Charts, including Top 10 Remand Reasons Cited by the Appeals Council & the Courts through 2020.

• Updates Checklist of Issues to Raise, including new issues pertaining to SSR 20-01p and latest HALLEX citations • Great resource for writing arguments to the ALJ, AC & federal courts!

Sarah Bohr’s Pocket Guide TE to Social Security Disability Law - 6th Edition

$

DOWNLOADABLE VERSION

210

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NEW 2020 EDITION!

NEW UPDATE COMING THIS SUMMER!

• Annotates over 150 new cases since the last Update!

• NEW sections on EAJA fees and 406b fees • NEW! Includes key Supreme Court cases addressing Social Security and attorney fee issues • Annotates published & unpublished 11th Circuit cases and published district court cases over the past 30 years through 9-15-20 • Widely used by members of the federal judiciary in the Eleventh Circuit

• Provides an overview of key provisions of Social Security disability law, including the 2017 regulations abolishing the treating physician rule & expanding acceptable medical sources • Includes a discussion of the key Rulings through SSR 20-01p, including SSR 19-2p regarding obesity, SSR 19-4p regarding headaches, and SSR 20-01p regarding education • NEW sections on "Headaches" and "Fraud and Similar Fault Redeterminations" and updated sections on education, obesity and administrative procedural issues • Includes a detailed discussion of the "Lifetime Commitment to a Field of Work" exception to the Grids

Phone: (904) 246-7603 • E-mail: sarahhbohr@aol.com www.SarahBohrPublications.com

Coupon: $15 off each publication - use coupon code NADR2022

Software & Web-Based Services

Information for Important Work Decisions 1. FACT CHECK the Vocational Expert 2. COMPARE VE DOT Occupations 3. EXPLORE / CONFIRM 4. SEARCH DOT with

JOB

to hypotheticals

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various hypotheticals

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10% CONFERENCE DISCOUNT until 4/30/2022 800-827-2182 NADR NEWS

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Manage Your Social Security Disability Claims with Prevail

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Using EREtrieve, you can download clients’ exhibit files, including any media files, from ERE with the click of a button. The downloaded files are OCR-capable and text-searchable, and are automatically attached to the EREtrieve tab in Prevail.

This feature also allows you to upload documents to ERE, and download your Appeals Council and Hearing Office status reports with ease. Automatic updates to the report ensure you always have the most recent information!

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User-defined categories make it easier than ever to find the reports you’ve created, and share them with selected users.

866.998.4400 sales@prevail.net upgrades@prevail.net NADR NEWS

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SECOND FOURTH QUARTER 2021

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NADR NEWS

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Ta

BOARD OF DIRECTORS

KEY ENGAGEMENT METRICS

125

AUDIENCE INTERACTIONS

2022 - 2023

236

Attendees Logged-On

1 , 3 16

Average Interaction Per Attendee

Live Stream Views

TOP CONTENT INTERACTIONS

Schedule

President 3, 479 Michael Wener, ADR Agenda Memphis, TN Views

Session

Networking

1, 838 2,0Vice 62President Christopher Mazzulli, ADR Baltimore, MD

342 EDPNA Requirements Over Breakfast: Course 2 & Course 3 200 "Get to the Point": Writing a Prehearing Memo that Gets the ALJ's Attention, Presented by Lindsay Osterhout

Speakers

Ask A Question

1Director ,351 At Large 1, 141 Clifford Berkley, ADR Fullerton, CA

160 Representative Roundtables: Exploring a Wide Range of Relevant Topics, Virtually and In-Person 159 Keynote: Slow Your Roll: Mindfulness for Fast Times, presented by Greg Graber

134 Keynote: The Current State of Disability Representation 117 Ethics: What Would You Do? Presented by Professor Robert R Is Success at the Appeals Coun 110 Possible? presented by Sarah B and Linda Cosme

Treasurer Carl Groves

Secretary Kelly Blad, ADR Cook, MN

Director At Large Dr. Carletta Griffin

Director At Large Karl Osterhout

Director At Large Sherrell Rodgers

Director At Large Carol Balderree

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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