November 2023 Print Edition
Chief Judge Bulletin 23-01 (Hearing Appearances by Telephone and Online Video) Extended
Jennifer Cronenberg
CJB 23-01 has been extended again, with a current retention date of May 12, 2024. As SSA notes, “while in effect, to the extent that the guidance in this CJB differs from the Hearings, Appeals and Litigation Law Manual (HALLEX), follow the guidance in this CJB.”
This Bulletin confirms that, with claimant and representative consents, SSA will continue to schedule hearings via telephone and online video (MS Teams). It also reiterates that “claimants may withdraw their agreement to appear by telephone or online video at any time before or during the scheduled hearing, except in the limited circumstances where we may schedule a party to appear by telephone without the party’s agreement. (See 20 CFR 404.936(c)(2)-(3); 404.937(b)(2), (c); 416.1436(c)(2)-(3); 416.1437(b)(2), (c)).”
Therefore, even if your claimant initially consented to a phone/MS Teams hearing, they can revoke this consent at any point, and SSA must honor that revocation. However, if the hearing is already scheduled as a phone/MS Teams hearing, please understand that any post-scheduling revocation of modality will likely result in a postponement of the hearing as OHOs are typically unable to accommodate mixed modalities within the same hearing day.
Further, if your claimant is objecting to the phone/MS Teams hearing with the expectation that they will be scheduled for an in-person hearing, please note that an in-person hearing can only be guaranteed if the claimant has properly and timely objected to the VTC (remote / satellite-office video) hearing as detailed in 20 CFR §404.936(d) (“Prior to scheduling your hearing, we will notify you that we may schedule you to appear by video teleconferencing. If you object to appearing by video teleconferencing, you must notify us in writing within 30 days after the date you receive the notice. If you notify us within that time period and your residence does not change while your request for hearing is pending, we will set your hearing for a time and place at which you may make your appearance before the administrative law judge in person”).
To help make a timely VTC objection, SSA recently added the document type “Objection to Video Hearing” at the bottom of the dropdown list on the Electronic Records Express (ERE). You can now upload this form electronically and it will be placed in the B section of the electronic folder. Should you need to review instructions on how to upload documents via ARS/ERE, SSA has updated their user guide.
Please reach out to NOSSCR with any questions or issues regarding hearing modality selection.
NOSSCR News – November, 2023
Early-bird Registration for Annual Conference Opens December 18
Registration for the 2024 Annual Conference in Nashville will open on December 18, 2024.
NOSSCR’s Annual Conference gathers Social Security disability representatives and advocates from across the nation. Industry leaders will provide insightful presentations on navigating the claims process, maximizing representatives’ chances of winning cases, running a firm/practice more effectively, finding prospective new clients, NOSSCR’s advocacy, changes within Social Security, and more.
Register before January 3, 2024 to receive additional discounts.
New On-Demand CLE Courses
Do you still need a few more CLE credits before the year winds down?
Recorded session from the 2023 Virtual Conference and the 2023 8th Circuit Social Security Disability Conference are now available for purchase as on-demand CLE!
Courses cover a wide variety of topics, such as best practices in federal court, effective strategies for crossing experts, and ethical and effective ways to market your practice.
Individual courses are now available on the NOSSCR website, or purchase the full tracks of courses from the 2023 Virtual Conference or 2023 8th Circuit Social Security Disability Conference for additional discounts.
Bob Crowe Honored with Lifetime Membership
Organizations such as NOSSCR are only as effective as its members—and at NOSSCR, we’ve strong because of our dynamic, thoughtful membership. Our members are passionate, mission driven advocates who are committed to their clients.
No one exemplifies those attributes more than NOSSCR member and Past President Bob Crowe of St. Louis.
In recognition of his many years of NOSSCR membership and service to this practice area, NOSSCR’s Board of Directors has announced that Bob Crowe will receive a complementary lifetime membership.
To recognize the announcement, Bob was recognized at the 2023 8th Circuit Social Security Disability Conference.
Thank you again for your years of service Bob, and we are grateful that you’ll remain a part of the NOSSCR family for years to come.
Annual Statistical Supplement to the Social Security Bulletin
SSA has released the 2023 Annual Statistical Supplement, which includes more than 200 tables that provide comprehensive statistics on Social Security and SSI. Members can download the document using the button below or view the report on SSA’s website here.
FY 2023 SSA Disability and SSI Disability Claims Allowance Rates
Below is the list of allowance rates at the federal, regional, and state level.
| INITIAL | RECONSIDERATION | |
| NATIONAL | 38.6 | 15.3 |
| NATIONAL – DDS ONLY | 38.7 | 15.1 |
| BOSTON | 44.2 | 18.2 |
| CT | 43.6 | 14.7 |
| ME | 40.6 | 18.7 |
| MA | 43.2 | 20.1 |
| NH | 51.3 | 25.0 |
| RI | 46.1 | 16.4 |
| VT | 48.7 | 15.5 |
| NEW YORK | 41.0 | 15.5 |
| NJ | 40.1 | 13.7 |
| NY | 41.0 | 17.1 |
| PR2/ | 45.7 | 10.0 |
| PHILADELPHIA | 38.8 | 15.8 |
| DE | 38.2 | 18.1 |
| DC | 31.5 | 17.6 |
| MD | 47.6 | 20.6 |
| PA | 38.2 | 15.0 |
| VA | 42.3 | 17.0 |
| WV | 34.3 | 12.6 |
| VA EST3/ | 21.7 | 14.3 |
| ATLANTA | 37.7 | 14.7 |
| AL | 35.8 | 17.4 |
| FL | 39.9 | 14.6 |
| GA | 37.5 | 17.4 |
| KY | 33.4 | 9.8 |
| MS | 35.5 | 16.6 |
| NC | 38.3 | 14.8 |
| SC | 41.5 | 16.6 |
| TN | 36.7 | 14.2 |
| MS EST3/ | 0.0 | 0.0 |
| CHICAGO | 39.1 | 14.1 |
| IL | 39.6 | 13.7 |
| IN | 33.6 | 11.5 |
| MI | 39.6 | 14.6 |
| MN | 44.4 | 11.8 |
| OH | 37.8 | 14.4 |
| WI | 43.6 | 21.1 |
| DALLAS | 35.8 | 15.2 |
| AR | 38.6 | 15.8 |
| LA | 39.1 | 18.1 |
| NM | 37.2 | 14.9 |
| OK | 32.1 | 12.8 |
| TX | 35.3 | 15.2 |
| AR EST3/ | 32.4 | 20.5 |
| OK EST3/ | 27.3 | 0.0 |
| KANSAS CITY | 44.2 | 15.2 |
| IA | 44.4 | 13.8 |
| KS | 46.4 | 16.4 |
| MO | 42.7 | 15.3 |
| NE | 48.2 | 15.9 |
| DENVER | 40.3 | 12.7 |
| CO | 37.1 | 13.3 |
| MT | 38.7 | 12.3 |
| ND | 47.7 | 16.5 |
| SD | 39.6 | 13.3 |
| UT | 44.1 | 11.5 |
| WY | 44.2 | 8.1 |
| SAN FRANCISCO | 36.5 | 15.6 |
| AZ | 34.6 | 18.3 |
| CA | 36.6 | 14.9 |
| HI | 39.4 | 13.6 |
| NV | 38.5 | 14.6 |
| SEATTLE | 43.0 | 17.2 |
| AK | 54.8 | 24.0 |
| ID | 43.4 | 17.8 |
| OR | 43.5 | 16.8 |
| WA | 41.6 | 17.0 |
| FEDERAL4/ | 31.9 | 19.5 |
| San Juan DPU | 5/ | 5/ |
| Atlanta DPB | 25.3 | 19.5 |
| Chicago DPB | 42.5 | 24.3 |
| Kansas City DPB | 33.8 | 24.2 |
| New York DPB | 31.5 | 18.8 |
| Philadelphia DPB | 22.3 | 14.8 |
| San Francisco DPB | 34.0 | 16.9 |
| Boston DPU | 5/ | 5/ |
| Dallas DPU | 28.7 | 18.8 |
| Denver DPU | 5/ | 5/ |
| Seattle DPU | 5/ | 5/ |
| Philadelphia DPU | 5/ | 5/ |
| OCO | 26.2 | 21.2 |
| INTPSC | 34.4 | 19.0 |
| Guam | 47.2 | 25.0 |
| Virgin Islands | 5/ | 5/ |
1/Allowance and denial rates equal 100%.
2/Includes Social Security Disability Insurance (SSDI, Title II) only as there is no Supplemental Security Income (SSI, Title XVI) in Puerto Rico.
3/ EST DDS data comes from four extended service team sites in Arkansas, Mississippi, Oklahoma, and Virginia. Workload from State DDSs is transferred into these sites.
4/Federal Site data comes from the following SSA sites: Office of Central Operations; International Payment Service Center; Guam; the Virgin Islands; and Disability Program Branches in the Atlanta, Chicago, Dallas, Kansas City, New York, Philadelphia, and San Francisco Regions.
5/The federal sites that have zero allowance rates are sites where they do not have their own legacy system and complete cases by remotely logging into the legacy system of the state they are assisting. Therefore, the allowance information rolls up into the state they are assisting.
2023 and 2024 Deeming Charts
NOSSCR is pleased to share the SSI Deeming Charts for 2023 and 2024. We hope that this reference tool will be useful in your practice. Big thanks to NOSSCR member Michael Wener for keeping this chart updated and allowing us to share it with all of you.
NPRM COMMENTS: Intermediate Improvements to the Disability Adjudication Process
NOSSCR submitted comments on revising the period considered when determining whether an individual’s past work is relevant from 15 years to 5 years. NOSSCR’s letter details how the change will have a positive impact on claimants and provided additional recommendations on how the Agency can streamline the claims process and deliver more fair and accurate rulings.
Legislative Spotlight: Work Without Worry Act
Betsy Osborn
On June 22, 2023, Sen. Ron Wyden (D-OR) and Sen. Bill Cassidy (R-LA) introduced S. 2196, the Work Without Worry Act. A companion bill has not yet been introduced in the House.
S. 2196 has 10 cosponsors: seven Democrats, two Republicans, and one Independent. The bill has been referred to the Senate Committee on Finance and is awaiting further action.
Bill Summary: The Work Without Worry Act would modify Social Security Disability Insurance (SSDI) benefits for those who became disabled before the age of 22. At present, these individuals can obtain SSDI benefits based on the work record of a retired, disabled, or deceased parent. However, those with earnings beyond what is deemed “substantial gainful activity” after age 22 are considered ineligible for such benefits. If enacted, S. 2196 would allow these individuals to remain eligible for benefits regardless of their earnings after age 22. Further, these individuals would qualify for Social Security benefits based on their own record and would receive the larger of the two benefit amounts. NOSSCR supports this legislation.
Bill Details:
SECTION 1. SHORT TITLE.
This Act may be cited as the “Work Without Worry Act”.
SEC. 2. ELIMINATION OF WORK DISINCENTIVE FOR CHILDHOOD DISABILITY BENEFICIARIES.
(a) In General.—Section 202(d) of the Social Security Act (42 U.S.C. 402(d)) is amended—
(1) in paragraph (1)(B)(ii), by striking “is under a disability (as defined in section 223(d)) which began before he attained the age of 22, and” and inserting the following: “is under a disability (as defined in section 223(d)), and—
“(I) the physical or mental impairment (or combination of impairments) that is the basis for the finding of disability began before the child attained the age of 22 (or is of such a type that can reasonably be presumed to have begun before the child attained the age of 22, as determined by the Commissioner), and
“(II) the impairment or combination of impairments could have been the basis for a finding of disability (without regard to whether the child was actually engaged in substantial gainful activity) before the child attained age 22, and”; and
(2) by adding at the end the following new paragraphs:
“(11) (A) In the case of a child described in subparagraph (B)(ii) of paragraph (1) who—
“(i) has not attained early retirement age (as defined in section 216(l)(2));
“(ii) has filed an application for child’s insurance benefits; and
“(iii) is insured for disability benefits (as determined under section 223(c)(1)) at the time of such filing;
such application shall be deemed to be an application for both child’s insurance benefits under this subsection and disability insurance benefits under section 223.
“(B) In the case of a child described in subparagraph (B)(ii) of paragraph (1) who—
“(i) has attained early retirement age (as defined in section 216(l)(2));
“(ii) has filed an application for child’s insurance benefits; and
“(iii) is a fully insured individual (as defined in section 214(a)) at the time of such filing;
such application shall be deemed to be an application for both child’s insurance benefits under this subsection and old-age insurance benefits under section 202(a).
“(C) Notwithstanding paragraph (1), in the case of a child described in subparagraph (A) or (B), if, at the time of filing an application for child’s insurance benefits, the amount of the monthly old-age or disability insurance benefit to which the child would be entitled is greater than the amount of the monthly child’s insurance benefit to which the child would be entitled, the child shall not be entitled to a child’s insurance benefit based on such application.
“(D) For purposes of subparagraph (C), the amount of the monthly old-age or disability benefit to which the child would be entitled shall be determined—
“(i) without regard to the primary insurance amount calculation described in section 215(a)(7); and
“(ii) before application of section 224.
“(12) For purposes of paragraph (1)(B)(ii), a child shall not be required to be continuously under a disability during the period between the date that the disability began and the date that the application for child’s insurance benefits is filed.”.
(b) Effective Date.—The amendments made by this section shall apply to applications filed on or after the date that is 24 months after the date of the enactment of this section.
NPRM COMMENTS: Expand the Definition of a Public Assistance Household
NOSSCR Staff
NOSSCR supports SSA’s proposed change to expand the definition of a Public Assistance (PA) household by including the Supplemental Nutrition Assistance Program (SNAP) as an additional means-tested public income maintenance (PIM) program. NOSSCR also encouraged SSA to build stronger data-sharing relationships with states and to broaden the definition further by including Medicaid.
SSR 23-1P: Updated Agency Policy Regarding Duration Requirement for Disability
The Social Security Administration has published SSR 23-1p to replace SSR 82-52.
This new SSR in intended to update the out-of-date SSR originally published in 1982 to align with the Agency’s current regulatory authority and policy guidance. The new ruling does not include any substantive changes but updates and consolidates policy regarding the duration requirement for disability under Titles II and XVI and during CDR.
Of note, the new SSR continues to include language explaining that consecutive unrelated disabling conditions do not combine to satisfy the twelve-month requirement, as required by statute.
Additionally, the SSR has been updated to conform with the current sequential evaluation process for widows and Title XVI children, the process for evaluating medical improvement in CDR cases, the multiple work incentives for recipients of Title XVI payments, and the extended re-entitlement period for Title II claims. To see the full text of SSR 23-1p, click here.
COLA-Based Data by Year
Every year NOSSCR member Ann Atkinson utilizes SSA’s updated COLA data to create her own useful reference chart. Ann generously shared this chart with our listserv, and, with her permission, we are sharing it again here.
| YEAR | SGA REG. BLIND | TWP | SSI (ind/couple) | QC | |
| 1975 | 200 | 200 | 50 | 157.70/236.60 | 50 |
| 1976 | 230 | 230 | 50 | 167.80/251.80 | 50 |
| 1977 | 240 | 240 | 50 | 177.80/266.70 | 50 |
| 1978 | 260 | 333 | 50 | 189.40/284.10 | 250 |
| 1979 | 280 | 375 | 75 | 208.20/312.30 | 260 |
| 1980 | 300 | 417 | 75 | 238/357 | 290 |
| 1981 | 300 | 458 | 75 | 264.70/397.00 | 310 |
| 1982 | 300 | 500 | 75 | 284.30/426.40 | 340 |
| 1983 | 300 | 550 | 75 | 304.30/456.40 | 370 |
| 1984 | 300 | 580 | 75 | 314/472 | 390 |
| 1985 | 300 | 610 | 75 | 325/488 | 410 |
| 1986 | 300 | 650 | 75 | 336/504 | 440 |
| 1987 | 300 | 680 | 75 | 340/510 | 460 |
| 1988 | 300 | 700 | 75 | 354/532 | 470 |
| 1989 | 300 | 740 | 75 | 368/553 | 500 |
| 1990 | 500 | 780 | 200 | 386/579 | 520 |
| 1991 | 500 | 810 | 200 | 407/610 | 540 |
| 1992 | 500 | 850 | 200 | 422/633 | 570 |
| 1993 | 500 | 880 | 200 | 434/652 | 590 |
| 1994 | 500 | 930 | 200 | 446/669 | 620 |
| 1995 | 500 | 940 | 200 | 458/687 | 630 |
| 1996 | 500 | 960 | 200 | 470/705 | 640 |
| 1997 | 500 | 1000 | 200 | 484/726 | 670 |
| 1998 | 500 | 1050 | 200 | 494/741 | 700 |
| 1/1999-6/1999 | 500 | 1110 | 200 | 500/751 | 740 |
| 7/1999-12/1999 | 700 | 1110 | 200 | 500/751 | 740 |
| 2000 | 700 | 1113 | 200 | 513/769 | 780 |
| 2001 | 740 | 1170 | 530 | 531/796 | 830 |
| 2002 | 780 | 1300 | 560 | 545/817 | 870 |
| 2003 | 800 | 1330 | 564 | 552/829 | 890 |
| 2004 | 810 | 1350 | 580 | 564/846 | 900 |
| 2005 | 830 | 1380 | 590 | 579/869 | 920 |
| 2006 | 860 | 1450 | 620 | 603/904 | 970 |
| 2007 | 900 | 1500 | 640 | 623/934 | 1000 |
| 2008 | 940 | 1570 | 670 | 637/956 | 1050 |
| 2009 | 980 | 1640 | 700 | 674/1011 | 1090 |
| 2010 | 1000 | 1640 | 720 | 674/1011 | 1120 |
| 2011 | 1000 | 1640 | 720 | 674/1011 | 1120 |
| 2012 | 1010 | 1690 | 720 | 698/1048 | 1130 |
| 2013 | 1040 | 1740 | 750 | 710/1066 | 1160 |
| 2014 | 1070 | 1800 | 770 | 721/1082 | 1200 |
| 2015 | 1090 | 1820 | 780 | 733/1100 | 1220 |
| 2016 | 1130 | 1820 | 810 | 733/1100 | 1260 |
| 2017 | 1170 | 1950 | 840 | 735/1103 | 1300 |
| 2018 | 1180 | 1970 | 850 | 750/1125 | 1320 |
| 2019 | 1220 | 2040 | 880 | 771/1157 | 1360 |
| 2020 | 1260 | 2110 | 910 | 783/1175 | 1410 |
| 2021 | 1310 | 2190 | 940 | 794/1191 | 1470 |
| 2022 | 1350 | 2260 | 970 | 841/1261 | 1510 |
| 2023 | 1470 | 2460 | 1050 | 914/1371 | 1640 |
| 2024 | 1550 | 2590 | 1110 | 943/1415 | 1730 |
Courtesy of Ann J. Atkinson, Attorney at Law, Parker, Colorado
Updated 10/12/2023
NOSSCR PAC Donors – November, 2023
THANK YOU TO OUR NOSSCR PAC CONTRIBUTORS!
List includes all donors from 2023 to date
First Circuit
Ronald Belluso (CC)
Mariam Alexanian Lavoie (CC)
David Ferrari (C)
Susan Smith Webb (CC)
Second Circuit
Peter Antonowicz (CC)
Sharmine Persaud (CC)
Katrina Tomer (CC)
Third Circuit
Kate Albert (CC)
Marianne Brown (CC)
Michael Brown (CC)
Maryjean Ellis (CC)
Greg Hobbie (CC)
Adrienne Jarvis (CC)
Jess Leventhal (CC)
Sheryl Mazur (CC)
Timothy Mello (CC)
Alan Polonsky (CC)
Fourth Circuit
Russel Bowling (CC)
Leah Broker (CC)
Christine Burnside (CC)
Vaughn Clauson (CC)
Linda Cosme (CC)
Geraldine Delambo (CC)
Rick Fleming (DC)
Eric Goodale (CC)
Todd Johnson (CC)
Martin Keane (CC)
Nowell Lesser (CC)
Liz Lunn (CC)
George Piemonte (CAP)
Ashley Hartmann Sappenfield (CC)
Joanna Suyes (CC)
Stacy Thompson (DC)
Laura Beth Waller (DC)
Robertson Wendt (DC)
Fifth Circuit
Paul Burkhalter (CC)
Angela Davis Morris (CC)
Thomas Fischer (CC)
John Heard (CAP)
Jonathan Heeps (CC)
Michel Hengst (CC)
Ronald Honig (CC)
Gerard Lynch (CC)
David Pogue (CC)
Alex Rankin (CC)
Sixth Circuit
Mary (Beth) Bates (CC)
Clifford Farrell (DC)
Jennifer Harris (CC)
Robert MacDonald (CC)
John Nicholson (CC)
Debra Shifrin (PC)
Donna Simpson (CC)
James Roy Williams (CC)
Seventh Circuit
Martin Carrow (CC)
Vicki Dempsey (CC)
Justin Kosiba (CC)
Randall Manus (CC)
Katherine Miller (CC)
Jeremy Pollen (C)
Avram Sacks (CC)
James Schiff (C)
Thomas Scully (CC)
Stephen Sloan (CC)
Thomas Thompson (CC)
Audrey VanGilder (CC)
Eighth Circuit
Karen Bill (CC)
Jeffrey Bunton (CC)
Julie Burkett (CC)
David Camp (CAP)
Patrick Cavanaugh (DC)
Timothy Cuddigan (DC)
Meghan Gallo (CC)
Theodore Norwood (DC)
J. Asha Sharma (CC)
Geramya Smith (C)
Frederick Spencer (CAP)
Frank Williams (CC)
Ninth Circuit
Sima Aghai (CC)
Mark Bunch (CC)
Maren Bam (DC)
Mark Caldwell (CC)
Paul Clark (CC)
Brian Clymer (CC)
Mary Fowler (CC)
Marc Kalagian (DC)
Alise Kellman (CC)
Kevin Kerr (DC)
Mark Manning (CC)
Meghan McNamara Miller (CC)
Eric Penar (CC)
Maggie Schott (CC)
David Shore (CC)
Steve Weiss (CC)
Jennifer Zorilla (CC)
Tenth Circuit
Ann Atkinson (DC)
Jay Barnes (CC)
Stephen Robert Earl (CC)
Thomas Feldman (CC)
John Harlan (DC)
Erin Stackenwalt (CC)
Steve Troutman (CC)
Gayle Troutman (CC)
Eleventh Circuit
Pamela Atkins (CC)
Carol Avard-Hicks (CC)
Richard Culbertson (CC)
Heather Freeman (DC)
Kevin Hall (CC)
Marylin Hamilton (C)
Kathleen Flynn (CC)
Doug Mohney (CC)
Krysti Monaco (CC)
Marjorie Schmoyer (DC)
Sarah White Park (CC)
David Wright (DC)
Key: CAP= Capitol Club, $5,000/monthly contribution of $416
PC= Platinum Club, $2,500-$4,999/ monthly contribution of $208-415
DC=Diamond Club, $1,000-$2,499/monthly contribution of $83-207
CC= Century Club, $100-$999
C=Contributor, all other contributions