SSA Bans ALJs From Conducting Online Searches About Claimants
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- Last updated on Wednesday, 16 May 2012 03:54
- Published on Monday, 07 May 2012 06:25
The Social Security Administration (SSA) has advised its administrative law judges (ALJs) that they may not use information obtained from online sources when deciding cases, a tool used by some judges to uncover fraudulent claims. SSA officials said ALJs cannot trust information posted online, and the process of searching ror information could compromise protected private information. The SSA’s ban covers all Internet sites, including social media sites such as Facebook. Sen. Tom Coburn, an Oklahoma Republican, disagreed with the SSA’s decision, and in a letter to the Social Security Commissioner stated that “If an individual claims to be disabled, and then publicly posts a picture participating in a sport or physical activity on a social media website, such information should be used by [adjudicators] to determine if the claimant was truly disabled.”
The controversy highlights the ongoing questions about the information individuals make available about themselves online, and how others, such as employers and government agencies may use that information for such things as hiring decisions, disciplinary procedures, and uncovering fraudulent claims. Social Security officials advised that they are not opposed to using information obtained from the Internet, but they do not want the “front-line deciders” searching for such information. Instead, such online searches should be a function for fraud investigators. According to Kia S. Green, a spokeswoman for the agency, “Adjudicators should do what they are trained to do — review voluminous files to determine eligibility for disability benefits. Office of Inspector General fraud investigators should do what they are trained to do — vigorously follow up on any evidence of fraud.” Read More.
DOL Will Offer $20 million to Fund Disability Programs
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- Last updated on Thursday, 16 June 2011 15:25
- Published on Tuesday, 31 May 2011 18:53
The U.S. Department of Labor (DOL) announced that it will make $20 million dollars available to fund state programs aimed at improving education, training and employment opportunities for disabled adults and youth. Titled the "Disability Employment Initiative" the program is a joint project of the Labor Department's Employment and Training Administration and its Office of Disability Employment Policy. The disability programs to be funded will serve individuals who are unemployed, underemployed and/or receiving Social Security disability benefits. The stated goals of the project are: (1) "to improve coordination and collaboration across multiple service delivery systems" (2) "build effective partnerships that leverage public and private resources to better serve people with disabilities" and, (3) "ultimately, improve employment outcomes of people with disabilities." According to Secretary of Labor Hilda L. Solis, "Workers with disabilities suffer from one of the lowest employment rates of any group in the American population, even in times of prosperityIt is vital that state and local agencies work together with private sector partners to improve these statistics."...
DOL Obtains Judgment for $1.76 Million in Overtime Violations
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- Last updated on Thursday, 16 June 2011 15:25
- Published on Thursday, 28 April 2011 03:59
The U.S. Department of Labor (DOL) obtained a partial summary judgment requiring Hill Country Farms, to pay more than $1.76 million in back wages and other damages for allegedly violating the minimum wage and overtime provisions of the federal Fair Labor Standards Act (FLSA). The court concluded that the defendants willfully violated the FLSA by failing to properly pay 31 workers with disabilities. Henry's Turkey Service supplied the workers to a turkey processing plant, where most worked on the plant's processing line. According to Secretary of Labor Hilda L. Solis, "Working on a poultry processing line is a particularly difficult and dangerous jobHenry's Turkey Service exploited vulnerable employees who have a right to, and deserve, every penny that they earned." The DOL alleged that Henry's Turkey Service paid the disabled workers $65 a month in cash wages even when company time sheets reflected that the employees worked more than 40 hours a week. In addition to employing the workers, the company "provided in-kind care, room and board, serving as the workers' caretaker as well as the designated representative payee of their Social Security benefits. Henry's Turkey Service claimed credit for the food, housing and care against its wage obligation; however, the company also reimbursed itself for those expenses using the workers' Social Security benefits." The court found that the company failed to show that it incurred any costs above the amount received from the Social Security benefits and denied the credit toward the employees' wages....
DHS Launches New Program: E-Verify Self Check
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- Last updated on Thursday, 16 June 2011 15:25
- Published on Tuesday, 22 March 2011 18:39
The Department of Homeland Security (DHS) has launched a new program, E-Verify Self Check, which allows prospective employees to make sure they are legally eligible for employment before they look for jobs. The program is a companion program to the E-Verify program, which enables employers to run computer checks to ensure the eligibility status of employees. Pursuant to the E-Verify Self Check program, a prospective employee looking for work can first run a computer check on his or her own status to determine if there are any potential problems. According to a DHS statement, the new program "allows each user to identify data inaccuracies -- which often range from typographical errors to unreported name changes." If a prospective employee discovers inaccuracies, they are advised to submit corrections so DHS and the Social Security Administration can verify and correct the data before the workers apply for jobs and run into trouble. The program is voluntary and a person using the tests will have to take an "identity assurance quiz" based on verify personal information....
U.S. Supreme Court Rules Medical Residents Are Full-Time Employees Subject to FICA
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- Last updated on Thursday, 16 June 2011 15:26
- Published on Wednesday, 12 January 2011 06:29
In a unanimous decision, the U.S. Supreme Court has ruled that medical residents are considered employees when it comes to collecting Social Security taxes. The Court held that the Internal Revenue Service did not have to refund tax money collected by the Mayo Clinic and the University of Minnesota. Medical residents (physicians who are still in training), typically work in hospitals and pay income taxes. Mayo officials argued that residents fall under a Social Security tax exemption for student employees whose work is part of their education. However, the Treasury Department eliminated that exemption in 2004 for medical students who work more than 40 hours per week. Mayo Clinic asked the Court to overturn a federal appeals court decision and restore the student exemption for medical residents. It also sought a refund of the money it had withheld and paid to the IRS on its residents' stipends. However, the Court ruled that the Treasury Department had the right to eliminate the exemption. According to Chief Justice John Roberts, who authored the opinion, "The department certainly did not act irrationally in concluding that these doctors -- 'who work long hours, serve as high skilled professionals, and typically share some or all of the terms of employment of career employees' --are the kind of workers that Congress intended to both contribute and benefit from the Social Security system."...
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