The Court Orders the Payment of Benefits and SSA Drags Its Feet

The court ordered the payment of benefits on a date in the past.  Six months later, the agency has failed to process the claim.  The claimant is prejudiced by the delay because SSI benefits are paid in installments.  POMS SI 02101.020 effectuating 7502 of the Deficit Reduction Act of 2005 (P.L. 109-171). 

If SSA does not initiate the payment of benefits within 21 days, file a motion in the court asking the court to issue an order to show cause why the Commissioner of SS should not be held in contempt.  The claimant is entitled to be paid. 

The claimant should take a copy of the memo and judgment to the congressperson's office and start an inquiry. 

The attorney should write to the District Office and to the Appeals Council Court Case Branch with the judgment and the memorandum demanding immediate processing.  

Turning Down the Heat on the "Remand for the Payment of Benefits"

I wrote about Dominguez v. Colvin last month.  The discussion focused on the intra-circuit battle over the Credit-as-True doctrine and the remand for the payment of benefits.  The Ninth Circuit issued an amended opinion in Dominguez.  The Court removed:

 "Only when all factual issues in the record have been resolved,
overwhelming evidence establishes that the claimant is disabled, and the government points to no evidence to the contrary, have we held a district court abused its discretion in failing to remand for benefits. See Garrison, 759 F.3d at 1022." 

That wasn't an accurate statement of the law and warranted removal from the decision.  The panel turned down the heat in the warring panels.