New Pilot Program to Allow
Representatives to Access Clients Files through Internet
By Karl Kazmierczak
August 4, 2008
I am a part of the new Social Security Disability Pilot Program that
allows representatives to access their client‘s files over the internet.
First, let me say how pleased I am that the Social Security
Administration has been able to start this program so quickly. They
should be commended for their effort. I know the people pushing for this
at SSA have had to jump through many hoops to get this started.
Understandably the biggest concern and road block to the
program was the issue of security. One of the compromises that had to be
made was that only the registered lawyer or representative can actually
access the file and not anyone else in the representative’s office. This
clearly is not very practical but it is just the beginning of the
program and SSA is being particularly cautious. One thing I am
disappointed about is that I cannot access the file at the application
and appeals council stages. My understanding is that eventually it will
include these stages as well. Even with these limitations, I can already
see the benefit the program has because I no longer have to wait for
Social Security to send me the file on a CD.
Under the present system, it is not unusual for the claimant’s lawyer
to get a copy of the file on CD only a month or two before the hearing.
With the internet access, as soon as the file is at the Office of
Adjudication and Review (hearing office) I can look at the file and
download it. This is beneficial in several ways to all the parties
involved. I am able to look at a file at this early point and evaluate
it and decide what evidence is missing so I can get that evidence. In
particularly strong cases, I can even send in a brief with a request for
an on the record favorable decision. This can potentially free up
hearings for other cases because these cases will not have to be
scheduled if they are approved. This can also cut down on the amount of
processing time of the claim. Typically, a case can take anywhere from 1
to 2 years to be scheduled. If I can see that a case is ready for a
decision and send a brief detailing why the individual is disabled, and
point to the evidence in the file then it is possible to cut a 1 to 2
year wait for strong cases down to a couple of months. In a more typical
claim, were the decision is not so clear cut, it is still an advantage
because it gives me a look at the whole file and allows me to decide
much earlier what needs to be done with the case to get it ready for
hearing.
This should benefit the ODAR employees because often times it is easier
for the lawyer and claimant to get medical records and when they are
sent in this is one less thing an employee of ODAR will have to worry
about. The ODAR employees will also not have to take the time to burn
the claimants file to a CD for the lawyer. Another advantage is many
times before a hearing the claimant is sent for a medical exam by SSA.
This new program gives me access to that medical report as soon as it
makes it to the file. I can also submit new evidence directly to the
claimants file.
The Pilot program has just started and is only available to a small
number of representatives and lawyers. This is because it gives SSA an
opportunity to work out any bugs and improve the system with only having
to deal with a few people. You can imagine if SSA made this available to
all representatives and lawyers how difficult it would be to deal with
thousands of people instead of just a few. From what I believe is the
timeline it should be available in about a year to all. I am very
excited about this program and believe it is one of the most important
components of a much improved process that will lead to faster
processing time for claims in an increasingly burdened system.
Karl Kazmierczak, Esq.
|
