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Social Security Today
October 1999 Issue
Elimination of Obesity Medical Listing Proposed by Social Security
No Bias Found in Social Security Judge's Comments
Reorganization of the Offices of Hearings and Appeals
Elimination of Obesity Medical Listing Proposed by Social Security
The Commissioner of Social Security has published proposed federal regulations which would eliminate the medical listing for obesity when evaluating disability claims. Currently, an individual is considered to be disabled when they meet the height and weight requirements for obesity and have at least one of five other significant medical impairments: severe hypertension (diastolic pressure persistently in excess of 100mm), arthritis in a weight bearing joint, chronic venous insufficiency affecting the lower extremities, congestive heart failure, or severe respiratory disease. The regulation spells out the level of severity necessary for each of these impairments.
The height and weight requirements for obesity are also contained in the regulation. For example, the listing would be met if a five foot, six inch tall woman weighed at least 274 pounds and also had a history of congestive heart failure. A five foot, six inch tall man would have to weigh at least 284 pounds.
If this medical listing is eliminated, Social Security would still be required to consider any work limitations imposed by obesity in disability evaluations, but disability could no longer be established on the basis of medical evidence alone in an obesity case.
No Bias Found in Social Security Judge's Comments
The Ninth Circuit Court of Appeals recently decided the case of Verduzco v. Apfel, 1999 Daily Journal D.A.R. 9165 (August 31, 1999). The case involved a claimant who had been in the United states for 30 years, but did not speak English. The Administrative Law Judge at the hearing stated in the decision that he found it hard to believe that the claimant did not speak English, given the long period of time he had been in the country. On appeal, the claimant argued that the Judge's remarks displayed the impermissible bias.
The Ninth Circuit found that the Administrative Law Judge's comment did not exhibit ethnic bias because his decision was not based on whether or not the claimant spoke English. The court found that the Judge's remarks merely reflected the Judge's finding that the claimant had not been truthful in general, rather than specific ethnic bias against an individual who had been in this country for some time and had not learned to speak English.
Payment of Medicare Premiums
The Medi-Cal program can pay all or some of Medicare's premiums and deductibles for eligible applicants. Call the HCFA Medicare Hot Line phone number at 800-633-4227 for more information on the application process for these Medi-Cal benefits.
What is the O*NET?
The O*NET is a new computerized database of information on jobs. It was developed by the U.S. Department of Labor and provides updated details about jobs in America. It is intended to replace the Dictionary of Occupational Titles (which has many obsolete job descriptions). The O*NET provides brief job descriptions and also includes information on the education, training and work experience typically required for entry into each job. For example, the O*NET notes that the general work activities of a warehouse clerk require that he or she interact with computers and monitor and control resources. The O*NET recognizes changes in job technologies that are not recognized by the Dictionary of Occupational Titles. The O*NET was designed to be of assistance to job seekers, businesses and career counselors. Information about the O*NET can be obtained through http://www.onetcenter.org.
The Social Security Administration has directed its Administrative Law Judges to continue using the Dictionary of Occupational Titles rather than the O*NET until more training has occurred. The O*NET is expected to replace the Dictionary of Occupational Titles altogether at Social Security hearings after the transition period.
Reorganization of the Offices of Hearings and Appeals
Social Security is in the process of redesigning the current process at the Offices of Hearings and Appeals to increase efficiency and reduce delays. The most recent statistics show that it is now taking an average of 314 days between a request for hearing and the hearing itself. Social Security wants to reduce that period of time to 180 days. The time lapse at the Sacramento OHA is approximately 180 days already (down from 392 days in the recent past), but the agency does expect an increase in the number of requests for hearing in the near future (due in part to the aging of the baby-boomers), which will once again increase delays. Some of Social Security's proposed changes for more efficient OHAs are restructuring employees into teams and instituting group-based accountability, the use of more pre-hearing conferences, hearings conducted by video conference, and more automation of data collection and analysis. It remains to be seen what effect these changes will have on the quality of adjudication in individual cases.
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