National Association of Disability Representatives

Transcription

1 National Association of Disability Representatives Theresa Gruber Deputy Commissioner Office Of Disability Adjudication And Review (ODAR) Social Security Administration March 2017

2 Introductions Theresa Gruber, Deputy Commissioner Patrick Nagle, Chief Administrative Law Judge 2

3 Objectives ODAR State of Services CARES: Current Initiative Snapshot Office of the Chief Administrative Law Judge Questions & Answers 3

4 ODAR State of Services ODAR continues to implement our plan for Compassionate And REsponsive Service (CARES). Hearings pending have fallen from a record high of 1,141,234 in December to 1,129,268 in February. Because of our focus on our oldest cases, we expect hearing wait times to continue to rise for a time after pending begins to fall on a sustained basis. However, we project a significant reduction in average wait times in FY The Appeals Council continues to reduce the level of pending appeals, and appeals wait times have fallen to about one year from a previous high of more than 400 days. 4

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9 Representative Video Project Background: Allows representatives and their claimants to participate in hearings from their own office video sites. 80 certified RVP sites nationwide and have held over 25,000 RVP hearings since October 2008 Benefits: RVP agreement is for the physical location of the representative(s)/firm. No time lost and no cost for travel since each RVP site can connect to any ODAR hearing office or National Hearing Center! Flexibility to schedule the RVP hearings around in office client appointments. 9

10 Plan for Compassionate and REsponsive Service This Plan is a living document which is comprehensive, multi-layered, and multi-faceted that will be adjusted and modified as necessary. The Plan focuses on the Hearing Operation and the Appeals Council. Our Plan is built on two essential, interdependent components: People and Quality. It combines a number of immediate, tactical and strategic initiatives. 10

11 CARES: Current Initiative Snapshot Increasing non-alj dispositions National Adjudication Team (NAT) SmartMands Expansion of Pre-Hearing Conferences Reducing CD Burning in Hearing Offices Provide Medical Expert/Vocational Expert Electronic Folder Access Uploads without Barcodes 11

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13 Judge Patrick Nagle Chief Administrative Law Judge

14 Video Hearings: Providing Enhanced Public Service Shorter wait time Hearings may be held faster (National Hearing Centers providing workload assistance to local hearing offices with longer wait times). Greater convenience and flexibility Video hearing locations are often more numerous and may be closer to the claimant s residence. Cases may not need to be rescheduled due to a claimant s incarceration or an ALJ s retirement. 14

15 Video Hearings: Providing Enhanced Public Service Innovative audio and visual equipment ODAR processes and conducts in-person and video hearings in the same way. One can see, hear, and speak to the ALJ through the video equipment just as one would in an in-person hearing. Access to experts in other parts of the country Use of video opens up access to experts nationwide since the experts are not required to travel in order to testify at hearings held in remote hearing offices. 15

16 Video Hearings: Providing Enhanced Public Service Cases may not need to be rescheduled due to inclement weather Prior to video hearings being held at the local field office, a hearing office in Fort Wayne, IN routinely rescheduled 20 hearings each winter due to snow storms, costing valuable case processing time and agency resources when experts and hearing monitors still had to be paid. Use of video has drastically reduced the need for weatherrelated postponements, shortening case processing time and conserving valuable agency resources. 16

17 Video Hearings: Providing Enhanced Public Service Cases need not be rescheduled due to an ALJ s retirement An ALJ retired and was unavailable to hear a docket of 3 aged cases. An ALJ in another office was able to hear the cases via video rather than cancelling and rescheduling. Cases need not be transferred to a new hearing office and slow processing if a claimant moves A claimant who had been waiting for a hearing for over 2 years moved to another state shortly before the scheduled hearing. Rather than cancel the hearing, the hearing office arranged for a video hearing at a remote site in the claimant s new location for the same date and time. 17

18 Regulation Update: Program Uniformity The final rule was published on December 16, 2016 and became effective on January 17, Compliance is required on May 1, Hearing offices will provide notice of hearing 75 days in advance for any hearings held May 1 or later, unless the claimant or representative agrees in writing to waive advance notice. 18

19 Regulation Update: Program Uniformity Material Submission/Information Deadline Exceptions Medical evidence Objections to the issues Pre-hearing written statements 5 business days prior to the hearing 5 business days prior to the hearing 5 business days prior to the hearing Good cause for late submission Rebuttal evidence for issues that arise during the course of a hearing, if necessary. Subpoena requests 10 business days prior to the hearing 19

20 Key Best Practices for Representatives Be familiar with and follow the rules of conduct and standards of responsibility for representatives. Ensure a fee agreement or fee petition is consistent with SSA s law and policy. Submit evidence as early as possible, using Appointed Representative Services (ARS). Do not submit duplicative or illegible evidence. Consider appearing at the hearing by video teleconferencing (VTC). Submit concise pre-hearing briefs whenever possible. View our online handbook for a comprehensive list of best practices: 20

21 Dire Need? Appeals Council Reminders Contact the Congressional & Public Affairs Branch (CPAB) (Toll free) Need Special Help? Contact Ombudsman, Terry Jensen Fax #

22 Questions & Answers 22