Wednesday, February 27, 2013

Ever Wonder Why SSN has nine numbers?

FACT AND FOLKLORE ABOUT THE SOCIAL SECURITY NUMBER
We have a 9-digit SSN but have you ever wondered why?
In 1935 and 1936 many other schemes were considered. In early November 1935, the Social Security Board adopted an identifier composed of 3 alphabetic characters representing geographic areas and 5 numeric characters. The scheme met a quick death.


The Board made the decision without consulting other federal agencies. The U.S. Employment Service , the Census Bureau, the Central Statistical Board, and the Bureau of Labor Statistics all used numeric symbols without alphabetic characters since most standard statistical machines used that scheme. The new proposed scheme with alphabetic symbols, would have required these agencies, as well as many private companies, to purchase new machines that could handle the alphabetic symbols.


The other problem was that only two companies manufactured tabulating machines using a combination of alphabetic and numeric characters. These were the same companies that had previously been sued by the U.S. Government for violation of the Sherman Antitrust Act.
In a November 1935 report, three alternatives were proposed:
  • a 9-digit number consisting of a 4-digit serial number, a 2-digit year of birth indicator, and a 3-digit number indicating the geographic area of registration;
  • an 8-digit number with a 5-digit serial number and a 3-digit geographic indicator; or
  • a 7-character version consisting of 4 digits and 3 alphabetic characters
Half a year later on June 2, 1936, the Board decided, it was the 9-digit scheme.
We don't know who received the first card, because the manner in which the numbers were issued, but the first number was 001-01-0001.
The nine digits are broken up into three number groups, why?



  • The first set of three digits is called the Area Number
  • The second set of two digits is called the Group Number
  • The final set of four digits is the Serial Number
    AREA NUMBER
    The Area Number is assigned by the geographical region. Prior to 1972, cards were issued in local Social Security offices around the country and the Area Number represented the State in which the card was issued. Since 1972, when SSA began assigning SSNs and issuing cards centrally from Baltimore, the area number assigned has been based on the ZIP code in the mailing address provided on the application for the original Social Security card. The applicant's mailing address does not have to be the same as their place of residence. Because the mailing address does not have to be the same as their place of residence, the Area Number does not necessarily represent the State of residence of the applicant, either prior to 1972 or since.GROUP NUMBER

             GROUP NUMBER

Within each area, the group number (middle two (2) digits) range from 01 to 99 but are not assigned in consecutive order. For administrative reasons, group numbers issued first consist of the ODD numbers from 01 through 09 and then EVEN numbers from 10 through 98, within each area number allocated to a State. After all numbers in group 98 of a particular area have been issued, the EVEN Groups 02 through 08 are used, followed by ODD Groups 11 through 99.

SERIAL NUMBER

The serial numbers (last four) run consecutively from 0001 to 9999

Quirks!

Prior to June 25, 2011, a valid SSN could not have an area number between 734 and 749, or above 772, the highest area number which the Social Security Administration has allocated. Effective June 25, 2011, the SSA assigns SSNs randomly and allows for the assignment of area numbers between 734 and 749 and above 772 through the 800s
There are also special numbers which will never be allocated:
  • Numbers with all zeros in any digit group (000-##-####, ###-00-####, ###-##-0000).
  • Numbers with 666 or 900-999 in the first digit group.

A lot of this article is hearsay, prior reading, general knowledge. If the information is really important to you for an important use, you should check out the information on your own and not relay on the accuracy of this article.

Tuesday, February 19, 2013

Facts and Folklore about the Social Security Number



FACT AND FOLKLORE ABOUT THE SOCIAL SECURITY NUMBER
Today we have a 9-digit social security number, have you ever wondered why? 
To answer that question, we need to go back to 1935 and 1936.  With passage of the law, a way to identify payers and beneficiaries had to be determined.  To accomplish this many ideas were considered.  In hopes of a resolution, the Social Security Board in November 1935, adopted an identifier composed of 3 alphabetic characters representing geographic areas and 5 numeric characters, i.e.  ‘ABC-12345’.
This scheme met a quick death.  The Board had made the decision without consulting other federal agencies. It turns out that the U.S. Employment Service (USES), the Census Bureau, the Central Statistical Board, and the Bureau of Labor Statistics all used numeric symbols without alphabetic characters.  These other agencies had tabulating machines that used only numeric characters.  Such machines were chosen because at the time most standard tabulating machines used only numeric characters.  The new proposed scheme with alphabetic symbols, would have required these agencies, as well as many private companies, to purchase new machines that could handle the alphabetic symbols
The other problem, with the purchase of such new machines, would have to come from only two companies manufactured tabulating machines using a combination of alphabetic and numeric characters.  These two companies were the same companies that had previously been sued by the U.S. Government for violation of the Sherman Antitrust Act.
In a November 1935 three proposed alternatives were put forward:
       a 7-character version consisting of 4 digits and 3 alphabetic characters
       an 8-digit number with a 5-digit serial number and a 3-digit geographic indicator; or
        a 9-digit number consisting of a 4-digit serial number, a 2-digit year of birth indicator, and a 3-digit number indicating the geographic area of registration;
It was the 9 digit proposal that was adopted, and that is how we arrived at the present social security numbers.
We don't know who received the first card, because the manner in which the post office sent them out, but the first number was 001-01-0001.
The nine digits are broken up into three number groups, why?
The nine-digit SSN is composed of three parts:
       The first set of three digits is called the  Area Number
       The second set of two digits is called the   Group Number
       The final set of four digits is the Serial Number
AREA NUMBER
The Area Number is assigned by the geographical region. Prior to 1972, cards were issued in local Social Security offices around the country and the Area Number represented the State in which the card was issued. Since 1972, when SSA began assigning social security numbers and issuing cards centrally from Baltimore, the area number assigned has been based on the ZIP code in the mailing address provided on the application for the original Social Security card. Because the mailing address does not have to be the same as their place of residence, the Area Number does not necessarily represent the State of residence of the applicant. 
 ROUPGROUP NUMBER
  GROUP NUMBER

The group number (middle two (2) digits) range from 01 to 99 but are not assigned in consecutive order. Group numbers issued first consist of the ODD numbers from 01 through 09 and then EVEN numbers from 10 through 98, within each area number allocated to a State. After all numbers in group 98 of a particular area have been issued, the EVEN Groups 02 through 08 are used, followed by ODD Groups 11 through 99.
SERIAL NUMBER
The serial numbers (last four) run consecutively from 0001 to 9999

THE QUIRKS
Prior to June 25, 2011, a valid social security number could not have an area number between 734 and 749, or above 772. Effective June 25, 2011, the SSA assigns social security numbers randomly and allows for the assignment of area numbers between 734 and 749 and above 772 through the 800s.
There are also special numbers which will never be allocated:
       Numbers with all zeros in any digit group 
       Numbers with 666 or 900-999 in the first digit group.
       Numbers from 987-65-4320 to 987-65-4329 are reserved for use in advertisements.

Saturday, February 16, 2013

Counsel, ask your client if she will agree to a new ON-SET DATE?

Decisions are easy when you win or lose a case.  You either walk away happy or you talk to your client about an appeal.

Everything changes when the ALJ asks: "Counsel, will your client agree to a new on-set date for her disability?

Your client has been living on nothing for at least two years waiting to have a court date.  She hasn't been able to work. She doesn't feel well. She has treated with her doctor for years and for 80% to 90% of the time done everything the physician has asked.  The treating physician has treated your client on a regular basis, and she has consistent complaints concerning her impairment. The physician had access to all of your client's treatment records. He has provided several medical opinion letters - all of which are in the court file and all have clinical and diagnostic support.  The physician's opinions on the whole are consistent with the record.  The problems are mostly subjective complaints although an objective basis exists for the complaints.  The reviewers from the Department of Disability review have found your client able to work.

At the hearing the medical expert has rendered an opinion that disagrees with the treating physician, and comments from the Judge and her general attitude of avoiding the treating physician's reports, leave you feeling that the judge will indicate that the treating physician is not credible and the state reviewers and the medical expert provide the "true" description of the client's situation.

Waiting for a resolution of her case, she has borrowed money from every relative who she could talk to to meet her day to day expenses. She feels entitled to benefits since she has spent years and years working and paying into the system.  As far as you can tell, she did only one thing wrong, she drew this judge.

After a hearing, a call comes into the office from the judge's clerk; the judge wants a new on-set date and indicates acceptance will result in resolution of the case.  The judge's clerk indicates that the date chosen was xmonth, day and year on which the client's condition worsened.  On review of the evidence there is no medical report, at or near that date, nothing substantial stands out!

You know the reason the judge is making the request.  By volunteering to a new on-set date the judge will be able to publish a fully favorable decision.  An appeal to the Appeals Council from a fully favorable decision will most likely not be overturned or sent back to the judge. Success on an appeal of a case so settled is very, very slim.

Issues to Discuss

The new on-set date means a much smaller past due amount for the client.  It means a longer wait to qualify for insurance.  It means that the attorney's fees (for which only the attorney is concerned) are  reduced, or in some cases eliminated. It does guarantee benefits into the future. For the client, how many months will need to pass before the client makes up her loss?

Some clients immediately say take the deal -- "I don't care about loss of back benefits, I need money now!"
Others, say this is terrible, " I am being held hostage", one client wanted me to report that she was being blackmailed into a settlement.  "The judge's offer is a threat; take less or take nothing."  The client, in many cases, is in a panic.  She wants to meet with the Judge.  She wants to call other attorneys for advise.  She wants to know what to do.  She wants some guarantees of success.

When this situation arises these and other questions need to be discussed with the client, and they need to be fairly discussed even if an acceptance of the deal substantially reduces, or wipes out the attorney's fee. (The judge's offer on many occasions raises an appearance of conflict between the attorney and client simply by the effect it will have upon fees).

1.  What is the strength of the case?  Is there evidence to overcome a judge's finding on credibility?
2.  What was the Judge's method of choosing the amended on-set date?  Has the judge given a clear explanation?
3. Is the receipt of on-going benefits, more of a benefit to the client then getting what she deserves at a later date?  Many people are so desperate by the time the hearing rolls around, that realistically they have no choice but to accept the amended date.
4.What has been your past experience on appeal in Federal Court, i.e. how many good cases went by the wayside.
5.  If you turn down the amended date, will the Judge still find your client disabled at least on the date she has indicated disability occurred?  It is one of the obligations of the ALJ to base the decision on evidence offered at the hearing, and if the evidence in the ALJ's mind is that disability occurred but at a different date from the claimed on-set, that should be reflected in the decision.
6. In many cases the offer is fair and a reasonable method of settling the case, but in the rare case it does not appear fair or based upon the evidence, and the judge, for whatever reason does not provide a good explanation for the new on-set date. 

The attorney wants to tell the client to refuse the offer and let the judge decide the case -- "From what I have seen, this case has a very good chance on appeal".  In reality, it isn't if you have a good case for an appeal, it is how will your client survive for another two or more years waiting on an appeal.

What if, for all your good intentions and review of the evidence, you lose?  All the good advise and wishes, will not be of much help to the client.  An appeal into Federal Court, draws the U.S. Attorney's office into supporting the judge and the decision.  Having appealed numerous cases into Federal Court, I know that there is no guarantee, no matter how good the case seems to the attorney, that it will result on a win.  Worse, in some cases,  it results in a remand back to the same judge for retrial on errors found by the Court.
I have been in that position before and I have received a new decision that basically said, "I reviewed the errors and find, I am still correct, the claimant is still not disabled."  We were five years into the case by that time.  It went back up to Federal Court and the second decision was affirmed.

I have been before judges who really struggle with these cases and I feel that when he or she makes the offer, it has been thought through and is offered as a lifeline to the claimant. They explain their thought process and I can clearly see the occurrence that resulted in the Judge thinking a new on-set date should be used, other cases not so much.

Life moves on.  As you can tell, I ABSOLUTELY HATE IT WHEN A JUDGE PUTS ME IN THIS POSITION, knowing the procedure upon a denial always leaves the client in a very difficult position.

Saturday, February 9, 2013

Alcoholism is not a disease for Social Security

I love Congress and titles it give to laws it sometimes generates.  Some law are given title that on reading it, everyone would say what a good idea, sounds like a good law etc.  An example is the "Senior Citizens Right to Work Act".  Who could be against such a law?

When it was signed into law in 1996, it amended the Social Security Act.  It amended the Act, not by allowing retired or disabled seniors to work more and not suffer a reduction in benefits, no this amendment eliminated drug addiction and/or alcoholism as a basis for finding someone disabled, no matter how disabled that person may be.  Although challenged, the law has been found constitutional by several appellate courts, so it is a law that must be dealt with when a claimant has a substance problem and is applying for disability benefits from the social security administration.

In other venues, alcoholism is under stood to be a disease.  "The modern disease theory of alcoholism states that problem drinking is sometimes caused by a disease of the brain, characterized by altered brain structure and function. The American Medical Association (AMA) had declared that alcoholism was an illness in 1956. In 1991, The AMA further endorsed the dual classification of alcoholism by the International Classification of Diseases under both psychiatric and medical sections."  Wikipedia

The "Senior Citizens Right to Work Act removes from coverage of the act all claims where the impairment results from alcoholism when alcoholism is material to a finding of disability.

Does that mean that all people who are impaired because of alcoholism not file for benefits from social security?  Absolutely not, alcoholism may be a hurdle, but it is not always a complete roadblock.

A claimant with this issue must establish disability on basis of some other condition without consideration given to the effect of the alcoholism.

In  normal case, it is tried as if there was not alcohol in issue.  If there is a possibility that the claimant may be disabled, then the issue becomes one of severance, i.e. would the claimant still be disabled if the effect of the alcohol use was not considered.

The claimant has fought with alcoholism for years.  He has been in and out of treatment.  All treatment, consultations with abuse counselors have failed.  Claimant may sincerely want to be free of alcohol use, but unfortunately for him it is a disease and the disease is winning.  He can't quit and he can't work.

In 15 to 20% of these cases involving chronic alcoholics, the drinking has caused damage to the body.  It is common to have a claimant who is an alcoholic who suffers from hepatic fibrosis or cirrhosis of the liver .  That individual, even if he stopped drinking still has a disability.  Put another way, if the claimant would still be found disabled if he stopped using alcohol, he is entitled to benefits.  A claimant suffering with hepatic fibrosis or cirrhosis either or both can be a basis for an award, because even though alcohol may have had something to do with the impairments, each not stands on their own, without consideration to the present use of alcohol.

These are difficult cases.  My heart goes out to the person who cannot control his drinking and cannot function in society because of it.  Some obtain benefits, and hopefully, with the help of a representative payee, at least get off the street.