Social Security Disability has been in the media spotlight in recent months, as Congress, scholars, advocates and other experts debate the current state of the program and its future.

Our Disability News page collects key documents for your review.

After reviewing sample pre-hearing orders submitted by NOSSCR, the Chief ALJ has reminded all ALJs that such orders must not include evidence submission deadlines or non-compliance sanctions.

Chief ALJ Memo

Effective August 13, 2012, SSA is adding 52 medical conditions to the Compassionate Allowance List (CAL), joining the 113 conditions already listed.

Compassionate Allowances are a way of quickly identifying diseases and other medical conditions that invariably qualify under the Listing of Impairments based on minimal objective medical information. Compassionate Allowances allow Social Security to quickly target the most obviously disabled individuals for allowances based on objective medical information that we can obtain quickly.

For the list of the 52 new conditions, check Emergency Message EM-12014

Social Security is improving its online disability application process, which is already substantially shorter than the standard paper application. Starting April 21, 2012, adults who file for benefits online will have the option to electronically sign and submit their Authorization to Disclose Information to the Social Security Administration (Form SSA-827).

This improvement allows applicants to complete disability applications in a streamlined online session, rather than printing, signing, and mailing paper authorization forms to Social Security offices.

On 2/4/12,USA Today ran both an inaccurate editorial about Social Security disability benefits and a thoughtful and informative op-ed response from NOSSCR President Chuck Martin.

Here are the links to both:

• Chuck Martin: Opposing View: Disability benefits remain a vital lifeline

• USA Today: Editorial: Disability claims swelling in recession

We are eager to "correct the record" whenever the media reports about the Social Security disability program are inaccurate, incomplete or misleading. Please notify us when you see this type of media report so that we can respond.

SSA has created a Hearing Office Status Report as part of its Electronic Records Express (ERE). This new functionality is available to representatives who register with Appointed Representative Services. As SSA states in its User Guide: "The Hearing Office Status Report provides instant information on cases pending at the hearing level."

When you log in to the Appointed Representative Suite of Services (ERE Home), you will find a new option entitled Get Hearing Office Status Report. Selecting that option allows you to view your cases: (1) individually; (2) in a group of the 100 oldest cases; (3) in an Excel spreadsheet of all of your cases in all ODAR hearing offices. The first two choices provide a more limited set of data for each case.

While the new functionality is straightforward and easy to use, you will find a link to the User Guide for more detailed information. This a major step forward in allowing representatives to manage their cases efficiently and effectively. It will reduce the need to call ODAR hearing offices for updates, and the fact that the data is available in "real time" is a major improvement over the hard copy status lists that some hearing offices have been providing.

Thanks to John R. Heard in San Antonio for this update.

By Barbara Silverstone, NOSSCR Staff Attorney

The Social Security Administration has announced the first electronic service that must be used by representatives who request direct fee payment. 77 Fed. Reg. 4653 (Jan. 31, 2012). Beginning March 16, 2012, "appointed representatives [will be required to] file certain appeals [requests for reconsideration and requests for hearing] using our electronic systems in matters for which the representatives request direct fee payment."

The announcement applies only to the filing of requests for reconsideration and requests for hearing in Title II and SSI disability claims. Note that this requirement is an affirmative duty under the Rules of Conduct, 20 C.F.R. §§ 404.1740(b)(4) and 416.1540(b)(4), that applies to representatives who request direct fee payment, but does not affect the actual fee withholding. This announcement also has nothing to do with direct deposit of fees, and the requirements do not apply in cases where the representative will not be requesting that the fee be withheld and paid directly.

On September 12, 2011, SSA published a final rule that first announced that certain services would have to be done electronically. 76 Fed. Reg. 56107 (Sept. 12, 2011). At the time, we were concerned that the failure to comply would result in SSA's refusal to withhold and pay the eligible representative's fee directly. In fact, we now understand SSA's policy to be that the failure to file online appeals will not affect the representative's statutory right to receive direct fee payment.

Because filing iAppeals is now an "affirmative duty," the continued failure to do so could lead to an investigation by the Office of General Counsel as a possible violation of the Rules of Conduct. If investigated as a possible violation of the Rules of Conduct, eligible representatives requesting direct payment of fees who continuously fail to file online appeals could be sent a letter asking for an explanation as to why they are not following this rule. If pursued, it could lead to sanctions under the Rules of Conduct.

SSA has encouraged the use of electronic filings where possible. Last year, attorneys filed more than 500,000 online appeals, an increase of 40% from the prior year. The benefits of online appeals include the fact that representative will be sent a receipt upon filing, and the appeal will be immediately processed. Online appeals are faster to process, which will allow SSA employees to spend time on other work, thus reducing the overall appeal time.

What happens if a claimant files his appeal and then hires me to represent him?

The requirement to file an online appeal does not apply to claimants. It only applies to "appointed representatives." So if a claimant files his or her appeal before hiring a representative, the representative's requirement to file the appeal online does not apply. When you are retained, you would submit the Forms SSA-1696 and 1695, and other documents as you have before.

Some forms cannot be submitted electronically. How do I comply with the iAppeal requirement?

SSA is aware that some forms, including Forms SSA-1696, SSA-1695 and SSA-827 cannot be electronically filed. Paper copies of these forms should be submitted, and will be associated with the appeal that was filed electronically.

How to I access SSA's electronic filing web portal?

Representatives may access the Internet Appeals web portal at www.socialsecurity.gov and click on "appeal a disability determination online."

What happens if the appeals deadline is approaching but a systems limitation (either SSA's or mine) prevents me from filing an iAppeal?

The requirement that the appeal be filed online will not apply if a system limitation prevents the electronic filing of an appeal. In this situation, the representative should file a paper appeal. SSA is only concerned about a representative who "purposefully violated this duty or is attempting to circumvent [these] rules."

Additional information will be available in February and March 2012 on SSA's Representing Claimants Web site at www.ssa.gov/representation, in a web cast, and in a FAQ. These rules are effective for appeals filed on or after March 16, 2012. More detail will be provided in the NOSSCR Social Security Forum.

SSA's Office of Disability Adjudication and Review has instituted a new policy in which the identity of an Administrative Law Judge assigned to a case is kept secret from the claimant and the claimant's representative until the time of the hearing. NOSSCR has grave concerns about the potential negative effects of this policy change, and has petitioned the agency for a prompt consultation. NOSSCR letter of 12/21/11.

SSA has proceeded with implementation of SSR 11-1p, which limits the situations where claimants can file subsequent applications while appeals are pending at the Appeals Council. We continues to remain very concerned about SSR 11-1p and its impact on claimants. It does allow new applications to be filed in certain limited situations and it calls for expedited consideration of new evidence that indicates a "critical or dire need situation." However, the procedures appear to be overly complicated and subject to misapplication.

We are monitoring implementation of the SSR. Please send us specific examples of the impact this policy change has on your clients and how they have been disadvantaged. We can forward specific cases to SSA where it appears that the SSR has been misapplied. In addition, this information will allow us to determine the impact that the SSR is having on claimants, whether rights afforded by the Act and Regulations are being adversely affected, and whether the exception allowing the filing of subsequent applications is being properly applied.

• Interim Security Rules with Request for Comments – NOSSCR Comments (11/1/11)
• NPRM: Step 4 Disability Determinations – NOSSCR Comments (11/14/11)