A Note on the Electronic Version of the SSI Coalition Newsletter: The SSI Coalition Newsletter is published bi-monthly by the Disability Benefits Project of the Disability Law Center. This is the first electronic version of the newsletter and we invite your feedback re: format, readability, etc. There are a couple of attachments to the hard copy of the newsletter that aren't yet in the electronic version, but we are working on correcting that. Please direct your feedback to Barbara Siegel at 617-723-8455 x129 or bsiegel@dlc-ma.org.
SSI COALTION NEWSLETTER
NOVEMBER 2002 Volume XX, No. 6
More MassHealth Cuts Announced
New Notices - Ford v. Apfel Implementation
Appeals Council Policy Change - Response Time
SSA Publishes New Obesity Ruling. SSR 02-1p
Medex and Prescription Advantage Announce Additional Open Enrollment Periods
EM-02044 on Implementation of Barnhart v.Walton
New Multicultural Gateway Pages on SSA’s Webpage
New Federal Website for Disability Related Government Resources
Referral Resources for IRS Problems & Bankruptcy Information
H. 4070 and H. 4069 Move to the Senate
What can you do about delays and other problems at the Appeals Council
SSR 02-1p. Evaluation of Obesity
DI 11055.240 - Presumptive Disability
GN PHI00301.137 - Translation of Foreign Language Documents.
GN 06010.005 - Providing Copies of the Law, Regulations, and POMS to the Public
Waters v. Barnhart, 276 F.3d 716 (5th Cir. 2002). Closed Period & Medical Improvement.
LeBlanc v. Halter, 2001 WL 1543482 (1st Cir. Mass. 12/3/01). Mills and New Evidence at the Appeals Council.
Corliss v. Barnhart, 2002 WL 21165152 (D. Mass. 9/30/02). New Evidence. Jurisdiction.
Madden v. Barnhart, 2002 WL 31077019 (D.Mass. 9/17/02). EAJA Fees.
Dionne v. Barnhart, 2002 WL 20025847 (D.Me 9/3/02).
Pimentel v. Barnhart, No. 02-10114-RGS (D.Mass. 5/22/02). New Evidence.
Appeals Council Remand. Treating Source. Inadequate Administrative Record
ALJ Overpayment Waiver Decision
SSI COALTION NEWSLETTER
NOVEMBER 2002 Volume XX, No. 6
1. 2003 COLA Changes. Social Security and SSI recipients will receive a 1.4% COLA for 2003. This increase will result in an SSI FBR of $552 for an individual and $829 for an eligible couple in 2003. The trial work period amount increases to $570 and the SGA amount increases to $1330 for blind recipients and $800 for all others. The maximum yearly SSI student earned income exclusion will be $5410. For more information on the COLA and other SSA changes for 2003, see SSA's fact sheet at http://www.ssa.gov/pressoffice/colafacts2003.htm.
The Medicare Part B premium will increase 8.7% to $58.70. For more information on Medicare changes for 2003, go to http://www.medicare.gov/basics/amounts2003.asp.
2. More MassHealth Cuts Announced. Due to continuing poor revenue receipts, the Governor has announced budget cuts in addition to those announced for the MassHealth program in August. See the included memorandum dated 10/11/02 by Deborah Thomson for more information (Note that there have been a few changes for the better since Deb prepared the memo). Here are the highlights (or lowlights).
Proposed regulations implementing the optional services cuts should be published soon.
3. The Boston OHA is Moving! - lock, stock & barrel - to One Bowdoin Square, Boston. The new location is not far from their current location. It is on Cambridge Street, right in front of the Bowdoin stop on the subway Blue Line and across the street from state office building that has been vacated and is under renovation. The move is currently scheduled for December 6, 2002, but there is much potential for delay. SSA may begin to try to schedule hearings in some cases in other locations so that business will not have to completely shut down for the move. Watch your hearing notice carefully. A representative from the Region I OHA will be at the SSI Advocates’ meeting on 11/8/02 to let us what there is to know at that time.
4.. New Notices - Ford v. Apfel Implementation. SSI financial eligibility notices were found unconstitutional in the nationwide class, Ford v. Apfel, 87 F.Supp. 2d 187 (E.D.N.Y.1999). SSA is in the process of implementing the decision on kind of a 5 year plan. See the Ford Implementation web page at http://www.wnylc.net/ford/ford.html. Among the notice defects was the lack of budget calculations. Starting 7/29/02, notices involving no income or "simple" unearned income (e.g., Social Security benefits, Veterans benefits, Workers Compensation, child support) have been revised to include budget worksheets. See POMS SI 02005.000. Plaintiffs’ counsel continues demands for separate, more detailed worksheets that would include other types of income.
Failure to provide the worksheet should constitute good cause for missing either the 60 day appeal period or the 10 day benefit "stay put" for SSI Reconsiderations. See Administrative Message AM-01080: http://www.wnylc.net/ford/AM-01080.pdf. The administrative message states
Good cause for late filing may apply when an SSI recipient indicates that SSA actions were confusing or misleading. If an SSI claimant states that he/she did not file a timely appeal of an initial financial eligibility determination due to lack of understanding of the information contained in the SSI notice, develop for good cause under established procedures.
Remember that advocates can use the modified Reconsideration Request and Good Cause Statement on the Ford website.
5. Appeals Council Policy Change - Response Time. At the September 2002 coalition meeting, it was noted by some that the Appeals Council seemed to be granting fewer days in which to respond after receiving the requested tapes and exhibits. Well, you were right. There has been a policy change.
As reported in the August 2002 NOSSCR mailing, Andrew Wakshul, Executive Director OHA Office of Appellate Operations, confirms that, effective 7/24/02, the Appeals Council is granting 25 days from the date on the cover letter that accompanies the tape and/or exhibits. This is a reduction from the prior practice of granting 40 days. Cases will be diaried for assignment to Appeals Council staff 30 days after the date on the cover letter.
If you want to request additional time, be sure to do so well within the allowed response period. You may find the Appeals Council stingier with additional time requests that it once was. However, delay in receiving the tapes/exhibits should be grounds for an extension. The Appeals Council mail sometimes gets mailed after the date on the cover letter. Be sure to hang onto the date stamped envelope that arrived in your office and check early to see whether you will have sufficient to provide your response.
6. SSA Publishes New Obesity Ruling. SSR 02-1p. This SSR supercedes SSR 00-3p, which provided guidance on the evaluation of obesity in disability claims following the deletion of listing 9.09. The new ruling makes no substantive changes in SSR 00-3p’s guidance on the evaluation of obesity. SSA states that the new ruling was published because several of the rules that we apply under the SSR have been revised, including the adult mental disorders listing, the musculoskeletal listings for adults and children, and the regulations that we use to evaluate disability in children in the SSI program. The new ruling, just as the old, provides that obesity is a medically determinable impairment, may constitute a "severe" impairment, and may medically equal a listing. In addition, the presence of obesity may support the finding that a condition meets a listing, may increase the severity of some impairments and functional limitations and may result in a variety of exertional and nonexertional functional limitations. To see the Ruling, go to http://www.ssa.gov/OP_Home/rulings/di/01/SSR2002-01-di-01.html
7. Medex and Prescription Advantage Announce Additional Open Enrollment Periods.
Medex will open enrollment voluntarily for the period 9/23/02 through 12/31/02 for all Medicare beneficiaries in the state, including those affected by the Tufts’ service area withdrawals. Policies purchased during this period will be effective 1/1/03.
Prescription Advantage’s open additional open enrollment period will be from October 2 - December 20, 2002, for those who are losing their coverage by Tufts, with a a start date of January 1. Prescription Advantage applications are available from any of the following sources: local Councils on Agency; call 1-800-243-4636, TTY 1-800-610-0241, on the internet at http://www.800ageinfo.com/, by writing to Prescription Advantage, PO Box 15153, Worcester, MA 01615-0153, or by calling the Health Care For All Helpline at 1-800-272-4232
8. EM-02044 on Implementation of Barnhart v.Walton. The EM issued on 4/19/02. It summarizes the Walton holdings and announces the rescission of Acquiescence Rulings 00-5(6), 98-1(8),92-6(10), and 88-3(7). In addition, the ruling instructs adjudicators as follows:
*do not reopen cases that were fully adjudicated before 3/27/02;
* you may reopen favorable decisions made after 3/27/02 that was based on one of the above ARs;
* use the provisions in 20 CFR 404.1592 and SSR 82-52 for cases not finally adjudicated as of the date of this EM and for future cases.
* if reopening is required for work activity discovered postentitlement, do not apply the provisions of the ARs.
Go to http://www.ssa.gov/regulations/rescission--ar-88-3(7)--ar-92-6(10)--ar-98-1(8)--ar-00-5(6).htm for the Federal Register Notice of the Rescission of Social Security Acquiescence Rulings 88-3(7), 92-6(10), 98-1(8), and 00-5(6) is at . 67 Fed. Reg. 39781 (June 10, 2002).
9. New Multicultural Gateway Pages on SSA’s Webpage. SSA’s website, http://www.ssa.gov/, has long had a gateway page on its website for Spanish speaking consumers. You can find it by scrolling down the menu on the left side of the home page to "Special Gateway Pages" and then "En Espanol." In September, SSA added gateways pages for Native Americans and for Asian American & Pacific Islanders. Both gateway pages are in English but contain links to materials in other languages.
10. New Federal Website for Disability Related Government Resources. The new website is at http://www.disabilityinfo.gov/. It is intended to be an online resources for people with disabilities, linking employers to people with disabilities seeking jobs.
11. Referral Resources for IRS Problems & Bankruptcy Information. Here is a referral resource for IRS tax problems you may find helpful. It's hard to find a resource for free tax assistance - but here is one (does anyone know of others?). Bently College has a Low Income Taxpayer clinic that offers free tax counseling and representation before the IRS. They provide federal tax information, assist clients in tax controversies, audits, collections. They will negotiate with IRS and handle IRS appeals. They also have a pro bono tax professional network. Their number is 781-891-2083. I don't think they have any particular service area requirements. For more information, go to Bentley's website at http://www.bentley.edu/ and search for BLITC.
Here is another useful referral. Some folks end up deeply in debt while going through disability benefit appeals and waiting for benefits. Sometimes bankruptcy is the answer, but people need advice about the process, the options and the pros & cons. Here is a free resource for this. LARC - on the 9th floor at the offices of Greater Boston Legal Services at 197 Friend St., Boston - periodically runs a Bankruptcy Clinic. There are no income or geographic limits on this service.
The clinics are generally held the first week of the month at LARC. People who are interested can register by calling LARC at 617-603-1700 and leaving a message for a call back on LARC's bankruptcy call-back line. Someone will call them back and register them for a clinic.
Implementation. The first phase of the Ticket to Work rollout in Massachusetts has been completed. According to SSA, 198,618 Tickets were sent out to Massachusetts residents between February and July of this year. Of those who received Tickets, 333 are actually using them, primarily at the state vocational rehabilitation agency (the Massachusetts Rehabilitation omission). So far, very few Tickets in Massachusetts have been assigned to Employment Networks. SSA’s Ticket Tracker is at http://www.ssa.gov/work/Ticket/ticket_info.html#TicketTracker.
Along with their Ticket, recipients receive a notice from SSA with information about the Ticket program and the #800 number for MAXIMUS, the Virginia-based company hired by SSA as the Ticket program manager. It is up to Ticket recipients to take the next step and contact MAXIMUS about using their Ticket. Upon request, MAXIMUS will send Ticket holders contact information for Benefit Counselors, Employment Networks and state VR agencies, and Protection and Advocacy services provided by DLC (see below). Additional information about the Ticket program and services offered by specific Employment Networks is available at MAXIMUS’s website http://www.yourtickettowork.com/.
Benefits Counselors Available. In addition to creating the Ticket to Work program, TWWIIA provided for Benefits Planning, Assistance and Outreach (BPAO) services for all SSI and SSDI recipients. Social Security has contracted with two organizations - Massachusetts Rehabilitation Commission and Massachusetts Project with Industry, Inc./ Resource Partnership - to provide these services. Comprehensive benefits counseling is available to all SSI/DI recipients, not just Ticket users, who wish to explore the possibility of returning to, or beginning, work. The BPAO counselors are available to meet with recipients and discuss the effect of earned income on the recipient’s entire benefits package, including SSI/DI, healthcare, food stamps, TANF and housing benefits.
Contact information is as follows:
Project IMPACT (http://www.state.ma.us/mrc/ses/impact.htm)
617-204-3854; 1-800-734-7475; TTY: 617-204-3600
Serving Barnstable, Bristol, Dukes, Essex, Nantucket, Norfolk, Plymouth, and Suffolk Counties, and the City of Somerville.
BenePlan (http://www.resourcepartnership.org/services/specialists.html)
508-647-1722; 1-877-937-9675; TTY:508-652-7284
Serving Berkshire, Franklin, Hampshire, Hampden, Worcester, and Middlesex Counties (excluding Somerville).
Protection and Advocacy for Beneficiaries of Social Security (PABSS). The Disability Law Center has received a grant from SSA, pursuant to TWWIIA, to provide advocacy services to Ticket users and other SSI/DI recipients interested in returning to work. PABSS services include legal advocacy and representation to overcome barriers to obtaining and retaining employment, training and technical assistance, and information and referral. Examples of legal advocacy include representation in cases to ensure access to needed medical care, support services and assistive technology, advocacy in cases involving the Americans With Disabilities Act and reasonable accommodation issues, and resolving disputes with Employment Networks and Vocational Rehabilitation Services. At this time, PABSS services do not extend to representation in overpayment cases or any other action or proceeding against SSA (although DLC may do this type of advocacy under other grants). For more information about PABSS services, contact Ray Cebula (617-723-8455 x132), Linda Landry (617-723-8455 x154), or Barbara Siegel (617-723-8455 x129) at DLC. Also, please let us know what you’re hearing from people about the Ticket program, including feedback about SSA field office staff, MAXIMUS, the Employment Networks, the state VR agencies, and the Benefit Counselors.
For More Information About the Ticket to Work and Other SSI/DI Work Incentives.
http://www.ssa.gov/work (SSA’s work website)
http://www.yourtickettowork.com/ (MAXIMUS website)
The Red Book. SSA’s 2002 Red Book on Work Incentives is now available through SSA’s website, http://www.ssa.gov/work/ResourcesToolkit/redbook_page.html.
13. H. 4070 and H. 4069 Move to the Senate. On June 26, 2002, the House unanimously passed H. 4070, entitled the "Social Security Program Protection Act of 2002." Significant provisions of the bill include:
After passing the House, the bill was introduced in the Senate as S. 2700, the "Social Security Attorney Fee Payment System Improvement Act of 2002." It has been referred to the Senate Finance Committee.
H. 4069, the "Social Security Benefit Enhancements for Women Act of 2002," has also passed the House on a unanimous vote and now sits with the Senate Finance Committee. This bill would:
1. What can you do about delays and other problems at the Appeals Council? Although the Appeals Council has been improving its response time and working down the backlog, waits for appeal decisions can still be lengthy. In addition, it can be difficult to get through to the right person to get information or to take of problems. NOSSCR representatives have been meeting regularly with the Appeals Council about these issues and have created a list of practice tips which is included in this newsletter. Also included is an updated list of Appeals Council branch contact numbers. (These contact numbers are also available on line at http://www.ssas.com/. As always, be sure to document in detail your dealings with the Appeals Council.
Do you have a practice tip you would like to share? Send it to us for a future edition.
1. SSR 02-1p. Evaluation of Obesity. This SSR supercedes SSR 00-3p with the same title ad provides guidance on the evaluation of disability claims involving obesity following the deletion of listing 9.09. See Brief Note 6 above and http://www.ssa.gov/OP_Home/rulings/di/01/SSR2002-01-di-01.html
1. DI 11055.240 (9/3/02). Presumptive Disability. Revision allows SSA to make a PD finding for a low birth weight infant when an application is filed anytime up to the child’s first birthday. Previous instructions seemed to require that an infant had be less than 6 months old for the PD provisions to apply. http://policy.ssa.gov/poms.nsf/36f3b2ee954f0075852568c100630558/a3e9cee3e0edf5cd85256a5e004e1790?OpenDocument
2. GN PHI00301.137. Translation of Foreign Language Documents. Provides description of procedures for obtaining translations. http://policy.ssa.gov/poms.nsf/36f3b2ee954f0075852568c100630558/e7c4668626126a3385256b1900646131?OpenDocument&Highlight=0,translation
3. GN 06010.005. Providing Copies of the Law, Regulations, and POMS to the Public. This provision is part of the implementation of the nationwide class action in Ford et al v. Apfel. This section explains that, beginning in January 2002, SSI notices tell claimants, beneficiaries, and their representatives that they can get copies of the sections of the law, regulations, and policy statements (e.g., POMS) that were used to make decisions on their SSI eligibility. The section goes on to explain the procedure for providing the copies. The procedure will be used when an individual asks for copies of specific sections of the law, regulations, and POMS. If an individual requests a complete copy of the law, regulations, or POMS the procedures in GN 03360.040 apply. http://policy.ssa.gov/poms.nsf/36f3b2ee954f0075852568c100630558/aebb201898f1896b85256c460010913b?OpenDocument
Federal Circuit Court of Appeals
1. Closed Period & Medical Improvement. Waters v. Barnhart, 276 F.3d 716 (5th Cir. 2002). The 5th Circuit joins the 3rd, 7th, 10th, and 11th Circuits in holding that an ALJ must apply the "medical improvement standard" in order to find a closed period of disability. See http://www.ca5.uscourts.gov/opinions/getopin.cfm?loc=00/00-41432-cv0.htm
2. Mills and New Evidence at the Appeals Council. LeBlanc v. Halter, 2001 WL 1543482 (1st Cir. Mass. 12/3/01). Court upholds closed period decision, finding that it cannot consider new evidence submitted to the Appeals Council pursuant to the 1st Circuit decision in Mills v. Apfel. The court also reviews the facts to find that the Appeals Council did not comit egregious error in denying review. See: http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=01-1546.01A; http://www.ca1.uscourts.gov/pdf.opinions/01-1546-01A.pdf
Federal District Court
1. Jurisdiction. Corliss v. Barnhart, 2002 WL 21165152 (D. Mass. 9/30/02). Plaintiff sought review pursuant to 28 USC 1331 of the validity an Appeals Council decision to reopen a subsequent favorable decision. Plaintiff’s subsequent application had been allowed pending Appeals Council action on the prior application. The Appeals Council granted review, reopened the subsequent application and remanded the entire case to an ALJ for further proceedings. The court finds it has no subject matter jurisdiction over plaintiff’s claims. See: http://pacer.mad.uscourts.gov/dc/opinions/collings/pdf/corlissfinal.pdf.
2. New Evidence. Madden v. Barnhart, 2002 WL 31077019 (D.Mass. 9/17/02). Court declines to remand for consideration of new evidence of a mental impairment. The new evidence consisted of a C.E. report in conjunction with a second application and a report from plaintiff’s therapist. The court cites Mills v. Apfel, 244 F.3d 1(1st Cir.2001) and Evangelista v. Secy, 826 F.2d 136 (1st. Cir.1987) for the "new evidence test:" new and material and good cause exists for failure to present it below. The court, however, finds that neither report claims to apply to plaintiff’s condition before the ALJ and that neither casts doubt on the sufficiency of the administrative record before the ALJ. See: http://pacer.mad.uscourts.gov/dc/opinions/otoole/pdf/madden%20-%20order.pdf
3. EAJA Fees. Remand but plaintiff unsuccessful after further proceedings. Dionne v. Barnhart, 2002 WL 20025847 (D.Me 9/3/02). Court awards fees despite SSA’s argument that it’s position was substantially justified as shown by plaintiff’s failure to win benefits after remand. The court finds that it is irrelevant whether plaintiff ultimately won or lost; the issue actually litigated was whether the commissioner’s decisional process was sufficiently flawed that remand was warranted. See: http://www.med.uscourts.gov/site/opinions/singal/2002/gzs_09242002_1-01cv188_dionne_v_barnhart.pdf
4. New Evidence. Pimentel v. Barnhart, No. 02-10114-RGS (D.Mass. 5/22/02). Remand to consider new evidence. The case includes a good, lengthy discussion of the both the rules for submitting new evidence to the Appeals Council and the rules for submitting new evidence in federal district court, in light of the 1st Circuit’s decision in Mills v. Apfel. See: http://pacer.mad.uscourts.gov/dc/opinions/saris/pdf/pimentel%20opinion.pdf or opinion.pdf
1. Appeals Council Remand. Treating Source. Inadequate Administrative Record. Claimant was unrepresented at her ALJ hearing. The Appeals Council finds that the hearing decision fails to adequately evaluate treating source opinion and that the hearing record is inadequate as to claimant’s mental impairment. Tara Doucette, GBLS, represented claimant at the Appeals Council.
2. ALJ Overpayment Waiver Decision. ALJ finds claimant to be without fault in causing the $22, 000 overpayment but that she has the ability to repay. The decision states that the claimant was a credible and candid witness whose ongoing problems greatly contributed to her ability to comprehend and carry out SSA requirements as to timely reporting of income or to recognize when she was not due benefits. The ALJ finds that she complied to the best of her ability and that there is no persuasive evidence that she willingly withheld information or accepted checks to which she knew or should have know she was not entitled. Note that since ability repay is "current ability repay," the claimant can reapply for a waiver is her financial circumstances change. Sarah Anderson, GBLS.
& Note to all advocates: Please send your ALJ and Appeals Council decisions to DLC so we can share them. All reported decisions are available at DLC.
1. Re-Launch of MassLegalServices.org. The new, revamped website is now up and available for your use. This website is a collaborative effort of all the MLAC-funded legal services programs, including the Disability Benefits Project of DLC, which manages the Disability section of the website. Our goal is to use the website to keep advocates informed of new developments in SSI/SSDI law and practice, share practice materials and resources that are at the heart of disability benefits practice, and help make internet-based legal research accessible and even fun for advocates. We also plan to post the SSI Coalition newsletters on the website. This edition of the newsletter will be posted soon. In order to have access to the advocate-only material on the website, you need to sign up and log in. To do this, go to http://www.masslegalservices.org/login.
This is a work in progress. Over time, we will continue to add and update resources. Your feedback is essential to keeping this website vital and useful. Please let us know what you would like to see here or if you see anything that needs to be changed. If you have resources you want to share with other advocates, let us know. Please direct your comments and questions to Barbara Siegel at bsiegel@dlc-ma.org.
2. HALLEX Online. The entire Hearings, Appeals and Litigation Law Manual (HALLEX) is now available on SSA’s website at http://www.ssa.gov/OP_Home/hallex/hallex.html. The HALLEX contains guiding principles and information on procedure and practice for SSA’s Office of Hearings and Appeals. It can be an extremely valuable source of information for advocates representing claimants at the OHA and beyond.
3. http://www.govbenefits.gov/: A New Government Website to Screen for Benefit Eligibility. The U.S. Department Labor has created a website that members of the public can use to help them determine if they might be eligible for various government benefit programs. The process is relatively simple and user-friendly (for people who have computers and internet access, that is). Visitors to the website provide some basic, non-identifying demographic information, then answer 64 yes/no questions about their financial, household, disability, family, and other circumstances. With the press of a button, a list of benefits for which they might be eligible appears. In addition to providing a brief description of each program, the list includes contact information and internet links for people who want additional program or application information. The website screens for scores of benefit programs from dozens of agencies, including educational loans, food stamps, and all of the major SSA benefits. Since many programs have complicated and/or state specific eligibility criteria, there are limits to the website’s utility, but it can be a good starting point.
4. SSA Accepting SSDI Applications Online. SSA is taking applications for Title II disability benefits on the internet. Online applications for Social Security retirement benefits have been available for over a year. Filing online gives the applicant a protective filing date, but does not eliminate the requirement of a paper or "hard copy" application. After the applicant completes the application online, s/he must print it out, sign it, and mail or take it to SSA within six months of electronic submission. The Disability Report (SSA-3368) that must accompany the application cannot be filled out online. Applicants can either download it from SSA’s website, fill it out and send it in, or call SSA to arrange an appointment to complete the form with an SSA claims representative (SSA’s website has a guide to filling out the Disability Report). Similarly, online applicants will need to either mail or take certain documents (e.g., proof of birth, citizenship, and earnings) to SSA. The application instructions on the website are quite thorough and detailed, but may be overwhelming to some applicants. The SSDI application is available at https://s00dace.ssa.gov/pro/isba3/irib.cgi?WFORM=A. No plans for on-line SSI applications have been announced.
5. POMS Online. SSA has made the POMS availlable on its website. The good news is that SSA’s online POMS are searchable, browsable, and free. Users can search the POMS using key words, browse the POMS section by section, or find a specific section by entering the cite as a key word. Nifty features of the online POMS include the ability to click on links to referenced cites within documents, and links to recently issued POMS (released within 7, 15 and 30 days). A notice on the website states that the public version of POMS is identical to the version used by Social Security employees except that it does not include internal data entry and sensitive content instructions. It also does not include Emergency Transmittals, Program Circulars, or the Transmittal Sheets that list changes to specific POMS sections.
To link directly to the POMS, click on http://policy.ssa.gov/poms.nsf/poms?OpenView.
6. Also On SSA’s Website.
Representing Clients Site. SSA has added a special site for advocates to its website. To reach the advocates’ site, click on http://www.ssa.gov/representation/. The Representing Clients site has lots of fee-related materials including fee petitions, fee agreements, fee agreement procedures, a model fee agreement, and a downloadable Petition to Obtain Approval of Fees (SSA-1560-U4).
Multi-Language http://www.ssa.gov/multilanguage/, Immigration http://www.ssa.gov/immigration/, and En EspaÁol http://www.ssa.gov/espanol/ Sites on SSA’s Website. SSA’s website has several features geared toward people whose first language is not English. The Multi-Language Gateway has links to SSA general information in 14 languages and to an interpreter services page which states, in 15 languages: "If you need an interpreter to conduct Social Security business, we will supply one on request, free of charge." See also POMS GN 00203.011 at http://policy.ssa.gov/poms.nsf/36f3b2ee954f0075852568c100630558/58e6967ecc34abe285256a4e004de9a3?OpenDocumentfor SSA’s interpreter policy. The Immigration site has information about interpreters, basic benefits, field offices, obtaining Social Security numbers, immigration status requirements for employment,, as well as links to other agencies. Much of the information on SSA’s website is available in Spanish via the En EspaÁol Gateway. All of these sites can be accessed by clicking on links under the heading "Special Gateway Pages" on SSA’s home page.
Office of Employment Support Programs (work incentive and Ticket to Work information). Click on http://www.ssa.gov/work.
7. Court Websites. Court websites post court rules, dockets, opinions, forms, fee schedules, directions, and lots of other useful information.
U.S. Supreme Court: http://www.supremecourtus.gov/
1st Circuit Court of Appeals: http://www.ca1.uscourts.gov/
Federal District Court, District of Massachusetts: http://www.mad.uscourts.gov/
Federal District Court, District of Maine: http://www.med.uscourts.gov/
Federal District Court, District of New Hampshire: http://www.nhd.uscourts.gov/
Federal District Court, District of Rhode Island: http://www.rid.uscourts.gov/
Federal District Court, District of Puerto Rico: http://www.prd.uscourts.gov/
Federal Judiciary (links to all federal courts): http://www.uscourts.gov/
Massachusetts State Courts: http://www.state.ma.us/courts/
8. Social Security Advisory Service (http://www.ssas.com/). The Social SecurityAdvisory Service is a private organization, not related to SSA, for Social Security advocates. It publishes a quarterly newsletter available by subscription only, but has lots of useful information and links on its website. A link to the complete HALLEX was recently added to the website. The Public Files page has classic advocacy materials such as the 8/30/96 Emergency Message (EM) on Drug Abuse and Alcoholism, and the list of the 137 Sedentary Unskilled Occupations in the D.O.T. SSAS Connect is a public posting board for discussion of Social Security related issues. There are a lot of thoughtful discussions and debates about SSI/DI legal issues on SSAS Connect and it’s a good forum in which to present a question or topic if you want to get a variety of opinions. Connect discussions are archived by date and can be browsed, although there is no search function at this time.
9. Medical Websites
Merck Manual online: http://www.merck.com/pubs/mmanual
medical periodicals: http://www.mosby.com/
National Library of Medicine Journals: http://www.ncbi.nlm.nih.gov/pubmed/
pain management materials: http://www.painnet.com/
Centers for Disease Control: http://www.cdc.gov/
The Greater Upstate Law Project has collected an excellent list of medical websites, many with links, at its website http://www.gulpny.org/.
10. Need information about a doctor in Mass.? Go to http://www.massmedboard.org/ (website of MA Board of Registration in Medicine) and click on the "Physician Profiles" link.
11. MassHealth Defense Group: http://64.82.65.67/medicaid/news.html. Affiliated with the Massachusetts Law Reform Institute and Health Care for All. Information about changes and proposed changes to the MassHealth programs.
12. THOMAS, for tracking federal legislation: http:///thomas.loc.gov.
13. Government Printing Office, access to CFR and Federal Register: http://www.access.gpo.gov/su_docs/index.html
14. For general reference: http://www.refdesk.com/.
% Many thanks to advocates for sharing their Web finds with us.
MCLE Seminar: Combating Discrimination in Health Care (11/25/02)