How are Administrative Law Judges Hired?

People often wonder how the Social Security Administration (“SSA”) selects the Judges to hear their disability claim. Up until July 10, 2018, Administrative Law Judges (“ALJ”) were hired through a competitive process that was conducted by the Office of Personnel Management. It involved an application and series of online and in-person tests that took place in the D.C. area, followed by a structured interview. The process was lengthy and could take up to a full year. Once all the results were in, the ALJ candidates would receive a score. If the score was high enough, the candidate would be placed on an ALJ register and potentially receive an interview at one of the Federal agencies looking to hire an ALJ, if the location of the position matched a location that the ALJ candidate selected as an area he or she would be willing to serve.

This all changed on July 10 2018. On said date, President Donald J. Trump signed an executive order excepting ALJs from competitive service and assigning the hiring process of ALJs to the individual agencies where they would serve. Unfortunately, as the Office of Personnel Management has historically competitively screened the ALJ candidates, the individual agencies do not yet have a process in place for hiring ALJs at this time. The fear is that this change may impact the already exceedingly long backlogs at the hearing offices.

This significant order was issued at least in part due to the Supreme Court’s recent decision in Lucia v. Securities and Exchange Commission, No. 17-130 (June 21, 2018) which questioned whether ALJs had been properly appointed in line with the Appointment Clause of the U.S. Constitution. The new concern is that replacing the hiring of ALJs with a noncompetitive or meritless process will open the door to a political cronyism.

A bill has been introduced by Senators Maria Cantwell, D-Wash. and Susan Collins, R-Maine, to restore a competitive process that would be overseen by the Office of Personnel Management, but defer to the Lucia decision by requiring that an agency head make the final appointment of the ALJ.

All we know for now is that ALJ candidates who have already been on the hiring register received emails earlier this week letting them know that the register was now closed. Other than that, there is speculation as to the next steps the agencies will take to hire new judges and to whether the proposed bill will get the traction it needs to restore the ALJ hiring process back to a competitive format.

By: Joyce Trudeau of Premier Disability Services, LLC^®

Can I Receive Disability Benefits Outside the United States?

If you are a United States citizen, you can travel or live in most foreign countries without affecting your eligibility for Social Security benefits. However, if you reside in Cuba or North Korea, you cannot receive your Social Security benefits because of U.S. Treasury Department payment restrictions.  If you go to any of the following countries, you can receive your Social Security benefits only if you meet and agree to certain restricted conditions – Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, and Vietnam.

If you are not a U.S. citizen, the law requires the Social Security Administration (SSA) to stop your payments after you have been outside the United States for six consecutive calendar months unless you meet one of several exceptions in the law allowing your benefits to continue.  Most of these exceptions are based on your country of citizenship, residence or on other conditions.

Supplemental Security Income (SSI) benefits will cease for both citizens and legal residents once they are outside the United States for 30 days. The SSA will start paying SSI again once the person has been back in the United States for 30 days.

An exception to this is the children of military personnel receiving SSI. Military children who leave the United States because of their parents’ military service will not have their SSI payments stopped. In terms of SSI payments, out of the country includes Puerto Rico and inside the country includes the Northern Mariana Islands.

The SSA operates a division specifically set up to deal with international matters called the Office of International Operations (OIO). According to the SSA, the division receives assistance from the Department of State’s embassies as well as various consulates. The OIO serves people who are already living outside the U.S. or who plan to live outside the U.S.

Can I apply work overseas to my U.S. Social Security record?

The SSA does not transfer social security credits from one country to another, but your work overseas may help you qualify for social security benefits from the United States or an agreement country. This is because the United States has agreements with 24 countries to coordinate social security programs across national boundaries. This helps people who worked in both the United States and in an agreement country, who may have not worked long enough in either to qualify for benefits. See the entire list of U.S. International Social Security Agreements here: http://www.socialsecurity.gov/international/agreements_overview.html.

If you or someone you know is unable to work due to a medical condition, please contact us for a free evaluation of your claim!

By: Joyce Trudeau of Premier Disability Services, LLC^®

Wage Reporting Accuracy

For over 80 years, the Social Security Administration (SSA) has been committed to maintaining the accuracy of earnings records used to determine benefit amounts. The SSA relies on employers and workers for much of this vital information. The agency keeps a record of workers’ earnings to ensure people get the benefits they have earned.

Employers are responsible for providing accurate earnings information for their employees. There are a number of reasons why reported names and Social Security numbers (SSNs) may not agree with the SSA’s records, such as: typographical errors, unreported name changes, inaccurate or incomplete employer records, or misuse of an SSN. Businesses and employers can sign up for the SSA’s Business Services Online (BSO) at www.socialsecurity.gov/bso to verify that employee records are correct and resolve any name and SSN mismatch issues. The free tool, the Social Security Number Verification Service (SSNVS), allows employers to verify that their employees’ information matches Social Security’s records.

You can also check your lifetime earnings record to verify that it is complete and correct by creating a “my Social Security” account at www.socialsecurity.gov/myaccount and reviewing your online Social Security Statement to verify your earnings. You should notify the SSA if there is a discrepancy in their earnings record or if earnings are missing. Errors can affect your entitlement to benefits and future benefit amount.

If you or someone you know is unable to work due to a medical condition, please contact us for a free evaluation of your claim!

By: Joyce Trudeau of Premier Disability Services, LLC^®