NOSSCR Speaks, Ways and Means Listens: Hearing on SSA Claims Backlog

NOSSCR Interim CEO David Camp testified before the Ways & Means Committee about the impact of and potential solutions to unacceptably long processing times for disability claims at SSA.

During his testimony, Camp emphasized several policy changes that SSA could implement to reduce wait times, including:

• Eliminating reconsideration
• Eliminating e-signature verification, streamlining the process and saving valuable time and resources
• Implementing more effective technology solutions at SSA

NOSSCR’s positions seemed to resonate with lawmakers across the aisle, with representatives acknowledging that the delays are unacceptable.

While committee members remained divided over funding for SSA, representatives from both sides of the aisle expressed frustration over the delays and acknowledged that SSA can and should take steps to address the delays.

Rep. Bill Pascrell (D, NJ-09) emphasizes that SSA needs to implement new policies and procedures to address the backlog of Social Security Disability claims.

Camp’s testimony drew heavily on details and stories provided by NOSSCR members and the claimants they represent.

NOSSCR thanks all its members for their continued support and will continue to urge SSA and Congress to take action to reduce wait times.

To learn more about NOSSCR’s recommendations for improving the SSA disability claims process, click here.

Mentorship Program Applications Opens November 1

The application period for NOSSCR’s Mentorship Program opens November 1. We hope you will consider participating as a mentor or mentee in this valuable program supporting professional growth and engagement in NOSSCR. Mentors and mentees will be able to connect in person at the annual conference in Nashville at a Mentor-Mentee meet-up. 

Mentors are attorneys or EDPNAs with Social Security law at least 50 percent of their caseload for more than 5 years, and mentees are attorneys or EDNPAs with less than 5 years of experience or attorneys new to Social Security law. The time commitment is up to one hour per month. The application period closes on November 30. Please apply today.

More details can be found in the Program Outline, available here. 

Meet the NOSSCR Staff: Jennifer Cronenberg

Jennifer Cronenberg is excited to be part of the team here at NOSSCR, where she is serving as Senior Counsel, Director of Legal Information. Jennifer is responsible for conducting advocacy work with the Administration, helping shape CLE content and programming, and serving as an expert advisor to NOSSCR members. She is NOSSCR’s primary point of contact for fees and other legal issues where NOSSCR helps members interface with Social Security.

She began her career as a Social Security disability attorney in 2009 with the law firm Doherty, Cella, Keane & Associates, and has extensive experience representing claimants and training advocates.

Jennifer received her law degree from The Catholic University of America, Columbus School of Law here in D.C. She received her undergraduate degree from Ithaca College in upstate New York, where she learned that snow is best appreciated when someone else shovels it for you. Originally from Dallas, Texas, she’s thrilled that her Texas Rangers are finally back in the World Series and hopes this will finally be their year to bring home the championship!

Outside of work, Jennifer spends most of her time with her husband and two kids (aged 6 and 3), so she’s well practiced at remaining calm in an unpredictable environment. She serves as one of the leaders for the local Girl Scout troop, where she gets to showcase her love of silly songs and her begrudging tolerance of camping.

Jennifer is thrilled to be at NOSSCR and looks forward to getting to know all of our members! Don’t hesitate to reach out to Jennifer if you have a unique legal question, recurrent issue interfacing with SSA, or aged fee concerns. 

Meet the NOSSCR Staff: Emily Sobol

NOSSCR is thrilled to welcome Emily Sobol as our new receptionist.

Emily plays a vital role on NOSSCR’s operation team. She is responsible for directly assisting members and claimants by routing inquiries to the right channels and ensuring their questions are answered.

She is originally from San Francisco and moved to D.C. to go attend American University. She graduated in May, 2023, with a degree in business administration and a double specialization in marketing and business management.

To learn more about the NOSSCR staff, click here.

Update from 2023 NextGen Retreat

Our NOSSCR NextGen Retreat took place in New Orleans from October 19-21, and was a smashing success!

NextGen members Cody Passman, Stephen Sloan, Joseph Duerst, and Christine Burnside presented on the sequential evaluation process, federal court appeals, reducing medical records costs, and the ethical obligations at a hearing, respectively. We also heard from Assistant RCALJ for Region 6, Timothy Suing, along with Susan Ogden, Supervisory Attorney Advisor in New Orleans. Dr. Timothy Saar, a psychologist and DDS reviewer, presented on working with clients with mental and/or intellectual disabilities. NOSSCR’s Senior Counsel and Director of Legal Information, Jennifer Cronenberg, presented on how to handle cases after the claimant passes away. Our CLE Presenting Sponsor was Deuterman Law Group, and we are appreciative of their support. During the two days of CLE, attendees enjoyed snack breaks sponsored by Heard and Smith and a lunch sponsored by Trajector.

NextGen attendees met and mingled over other events, including a riverboat cruise sponsored by The Federal Appeals Firm, a happy hour sponsored by SSD Appeals, and dinner at Muriel’s in Jackson Square sponsored by Insurance Branch. This event would not have been possible without their sponsorship. We are also grateful to Lanier Law Group and Liner Legal for our NextGen Retreat t-shirts and welcome bags.

Our NextGen group is made up of NOSSCR members who have been practicing Social Security law for fewer than 10 years or are under the age of 40. Current NextGen members include four board members—Michael Liner, Maren Bam, Ashley Sappenfield, and Christine Burnside. Just 18 months ago, there was only one NextGen member on the Board. NextGen is truly NOSSCR’s next generation of leaders. Our retreat provided a valuable opportunity for newer practitioners to connect with colleagues, earn CLE, and participate openly in discussions about best practices (all while having some fun)!

We are excited about this dynamic group and look forward to sharing more of their voices with you at future NOSSCR events. We encourage all of our NextGen members to join us or, if you’re an experienced practitioner, consider sending your newer associates to our next event! Be on the lookout for exciting announcements about NextGen’s upcoming virtual events and involvement at our May conference.

SUMMARY: House Hearing on Protecting Beneficiaries from the Harm of Improper Payments

As many NOSSCR members know, overpayments by the Social Security Administration (SSA) can cause unnecessary hardship to claimants when they are asked to return funds that were erroneously given to them. To address concerns over SSA overpayments, the Social Security Subcommittee of the House Committee on Ways and Means held a hearing on October 18, 2023.

Witnesses included SSA Acting Commissioner Kilolo Kijakazi, Tonya Eickman of the SSA Office of the Inspector General (OIG), and Elizabeth Curda of the Government Accountability Office (GAO). NOSSCR’s David Camp, Betsy Osborn, and Daniel LaHue were in attendance.

While Kijakazi maintained that overpayments are rare, a recent SSA Inspector General (IG) report showed that the SSA recovered $4.7 billion in overpayments in fiscal year 2022. Kijakazi said that she had created a team to review the overpayments, but Members of Congress presiding over the hearing were not satisfied with the agency’s response.

Chairman Drew Ferguson (R-GA) was particularly concerned by the fact that the SSA had not yet implemented a system that would allow the agency to collect private payroll data even though Congress granted the authority to implement that system eight years ago. The program, called the payroll information exchange (PIE), is meant to reduce overpayments by allowing timely, automatic reporting of wages received by beneficiaries.

Ferguson zeroed in on the eight-year wait for PIE when he said, “What do you think that timeline is? It just seems eight years on like something’s broken in the system to go from start to eight years, and we still don’t have the program. So how much longer is this going to take?”

Kijakazi responded to Ferguson by explaining that the SSA was still in the rulemaking process for implementing the program and that she did not have a clear sense of when the agency could move forward with using PIE. 

Members of the subcommittee were noticeably frustrated by the slow pace of reform within the SSA that would potentially decrease the incidence of overpayments. Congressman Greg Steube (R-FL) wanted to know who at the agency was taking responsibility for the problem of overpayments. He asked, “Who is being held accountable for the mistakes that the Social Security Administration is making?” Kijakazi responded, “We are holding ourselves accountable.”

You can watch the full hearing here.

Update on Electronic Signatures

Recently, NOSSCR members have reported an increased frequency of electronic signature rejections. We appreciate all of you who provided us with detailed reports of these SSA errors, and we have been advocating on the topic.

Note that EM 20022 REV 3 continues to apply (not POMS), and electronic signatures continue to be acceptable. SSA officials agree, and they will take steps to remind staff of current policy. All of these were to be completed by October 27th:

• Adding this topic to the upcoming agendas for several regional calls (e.g., ARC MOS, CDPS, Area Directors, and All Managers).
• Issuing a reminder to the Regional Commissioners to further emphasize the use of EM 20022 REV 3.
• Provide manager talking points to address any confusion technicians may have.
• Provide a quick reference guide directing technicians to the appropriate instructions.
• Collaborate with the Office of Strategy, Learning, and Workforce Development (OSLWD) to include a reminder on the biweekly front line staff training to ensure technicians also receive a visual reinforcement of any messaging the managers share.

Please continue to collect and report to NOSSCR the failure of SSA staff to accept electronic signatures.

Job Incidence Numbers in Social Security Disability Claims: A Case Study and Analysis

Many Social Security Disability claims are decided on the basis of whether there is a significant number of jobs in the nation that the disability claimant can do. NOSSCR member Kevin Liebkmann’s latest article in the Legal Services of New Jersey Report examines how the Social Security Administration (SSA) decides that issue. It also presents preliminary results of a case survey that probes into the reliability of evidence that SSA uses to decide the significant number of jobs issue.