Violent Threats to Social Security Judges

It is being reported at The Huffington Post that the Association of Administrative Law Judges issued a release to the Associated Press that judges handling Social Security disability cases are facing an increasing number of violent threats from claimants angry over denials or delays. Historically in Colorado Springs it has been taking a year or so to obtain a hearing for most cases. Efforts are always being made to speed up the process but it is a national problem and in some places delays exceed a year. Video hearings are one way that judges can be utilized where they are most needed but the shear volume of cases is a factor. Also I have noticed that cases may have voluminous medical records or paperwork so even with modern technology it requires time to review. I would personally like to see vocational rehabilitation used to help those who really may have a disability but perhaps can work have a chance at staying productive. It could also help the judge should such rehab fail because it reveals the truth. Instead vocational experts are often called to the hearing to express opinions based on certain assumptions which may or may not reflect the truth. In any event angry people are a sign of the times but blaming judges and violence is not the answer.

Pinnacol CEO Interviewed

A few weeks ago the Pinnacol CEO was interviewed. I just came across it and thought it would be interesting to see what he had to say. You can read what he said here. Pinnacol is still interested in what he calls "separation" from the state which to me still means autonomy. He points out that premiums for businesses have been reduced by 50% over the past 5 years. He also believes the economy is still not that great. Pinnacol tracks payrolls and they are not picking up. My impression and the statistics I've seen suggest that claims are down and have been declining for several years. In fact in my view it started even before the latest economic turndown. Are jobs being shipped overseas? What do you think? The problem this country may be facing is how do you remain a consumer when your income is down? But whether injured or unemployed we really should make a committment as a nation to retraining and vocational rehabilitation. If we are losing assembly line jobs we need to replace them with desk and tech and skilled trade jobs.

First Colorado Workers Comp Educational Conference

Just announced by the Director of the Division of Workers Compensation is the first educational conference in what may likely become an annual event. Aside from educational information on the law, rules and the like there will be workshops and an Exhibit Hall so that all manner of professionals and more may interact and learn from each other. This event is set for September 16-17th, 2010 and may be well attended. I know I am interested in it so will try to attend and gain insight although it would be nice to obtain some continuing education credits. You can view the announcement here.

The Dictionary of Occupational Titles (DOT)

Anyone who may be permanently and totally disabled or Social Security disabled may want to know about the federal publication called the Dictionary of Occupational Titles. This is an outdated (1991)but important resource when trying to ascertain how disabled a person might be. In SS cases it is extensively used and often relied on by Judges. In WC cases it is important but not quite as much as in SS cases. Still the job description and physical/skill demands of a job are quite important in all cases where employability is an issue. Each law defines unemployability differently but both make the concept of unemployability a key factor in determining total disability. In both areas jobs such as ticket taker, receptionist, customer service, telephone sales, hotel clerk, dispatcher, driver, assembler have detailed job requirements including physical, educational and skill levels. Each occupation receives a code number and a small paragraph describing it. Vocational experts use this information to assist in analyzing possible jobs for a claimant. They do much more but this old publication remains the bible in the field. The Social Security Administration goes further with its rules in analyzing how age, education and other limitations play into work ability but in Colorado workers comp we tend to rely on the experts to provide opinions rather then any further rules. The Social Security Administration realizes those over 50 have a harder time adjusting and there are rules in this area. In Colorado workers comp being over 50 is not going to stop someone from saying you can work in low paying or unskilled jobs. So if you want to check into occupations and what is required for that job you might take a look at the DOT Dictionary of Occupational Titles.

Vocational Rehabilitation

If you've been injured on the job or even if you simply have health problems which restrict work activities and you're worried about what work or job you can now do check out the Colorado Division of Vocational Rehabilitation. It is unlikely you will receive any vocational rehab through a workers comp insurer. Workers comp used to have a more active vocational rehab effort but that has changed so seldom will you be offered voc rehab by the insurance carrier. My experience has been that they simply pay you a settlement or by Final Admission and you are then on your own. This can be especially difficult when you feel you've lost your trade or occupation. If you are permanently and totally disabled from returning to any work then you may also seek Social Security disability benefits or other disability benefits if available. Moreover any resolution of your workers comp case can mean a substantial recovery if it is properly handled by your attorney. But if you simply cannot continue in your line of work yet believe you can work then consider contacting the Colorado Division linked here: http://www.cdhs.state.co.us/dvr/