THE UNITED STATES DISTRICT COURT
NORTHER DISTRICT OF OHIO
EASTERN DIVISION
) CASE NO.:
)
Plaintiff, ) JUDGE JOHN ADAMS
)
v. ) INITIAL ORDER
)
)
)
)
Defendant. )
This Social Security appeal was filed on and automatically referred to
Magistrate Judge for the issuance of a Report & Recommendation. Consistent with Local
Rule 16.2(a)(2)(D) and Local Rule 72.2, the matter is automatically placed on the Administrative
Track. “Administrative Track cases shall be controlled by scheduling orders issued by the
Judicial Officer.” Local Rule 16.2(a)(2)(D). The newly revised rule continues “In actions for
review of decisions by the Social Security Administration, such orders shall be pursuant to, and
in accord with, the provisions of 16.3.1.” That rule seeks to establish deadlines for these matters.
Consistent with the Court’s authority to issue scheduling orders, the Court issues this order to
govern this matter in compliance with Local Rule 16.3.1.
Recent studies have shown that the length of the administrative appeal process has been
reduced from 514 days at its peak in 2008 to roughly 369 days as of June of 2011. At the same
time, the overall number of claimants awaiting a hearing has grown due to an influx of new
filings. Despite this influx, the Social Security Administration continues its efforts to reach its
goal of an average process time of 270 days.
Media reports dating back to April 6, 2010, indicate that the wait for those seeking
disability in Ohio are the longest in the nation. Diane Suchetka, Wait for disability hearings in
Ohio is longest in U.S., Cleveland Plain Dealer, April 6, 2010, at B1. More recent reports have
disputed whether any significant progress has been made to address the backlog of claimants.
Lisa Rein, Progress on disability benefit backlog disputed, The Washington Post, June 19, 2011,
available at, www.washingtonpost.com/politics/progress-on-disability-benefit-backlog-disputed.
Moreover, a recent study shows that claimants in Ohio still face significant waits before they
receive a hearing on their applications.
Government Falters in Effort to Reduce Massive Backlog of Disability Hearings, available at,
http://trac.syr.edu/tracreports/ssa/253/include/hearingofficeG.html (last visited on June 27,
2011). As can be seen from the above, four offices within Ohio are amongst the ten offices with
the longest wait times for applicants.
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Moreover, these delays cause more harm than a simple passage of time. Long delays,
such as those currently present on the consent dockets of many of this District’s Magistrate
Judges, serve to increase the total amount of retroactive benefits to any successful claimant.
While on its face this appears to have no financial impact, it in actuality has a very real impact on
the claimant. As social security attorneys nearly always enter into agreements that afford them a
contingency fee of 25% of any retroactive benefits, each day of delay increases the demand of
fees – despite the fact that counsel is taking no action during the delay. A timely decision still
affords counsel the right to seek hourly fees while also protecting the vulnerable claimant from a
loss of benefits through inaction that is beyond his or her control.
Mindful of all of the efforts being made to streamline the administrative process and the
ongoing backlog of applications in Ohio and mindful of the need to protect claimants from
unnecessary attorney fees, the Court must also take steps to ensure that the review process by
this Court is efficient. Accordingly, the Court expects that a Report & Recommendation will be
filed in this matter no later than six months from the filing of the transcript and record from the
administrative proceeding. Moreover, the Court recognizes that the transcript filing is often
delayed through motions for extensions to answer and file briefs. As such, the Court hereby
orders that the Report and Recommendation shall be filed in any event no later than 285 days
from the filing of the answer and transcript. Consistent with Local Rule 16.3.1., “[w]henever
possible, a quicker resolution is encouraged in order to provide faster relief to the parties[.]”
IT IS SO ORDERED.
Date: /s/ Judge John R. Adams_______
JUDGE JOHN R. ADAMS
UNITED STATES DISTRICT COURT
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