Claims of lack of staff are smoke screens since Regional Staff Counsel, normally assigned to prepare briefs for the local U.S. Attorney in Social Security cases, are now reviewing Appeals Council claims. They are normally poor in debt, sitting home and worrying about their future - and I can't give an answer. Up until now, I have never told my clients to call their local congressman. In this case, I will make an exception. This Posner suggestion will be revived and policy wonks will have another field day.
History repeats itself.
Attorneys are dealing with the problem by short circuiting normal practices. Don't file a brief. In my opinion, this will be a mixed blessing for clients. Maybe a file is slipping through the cracks but that shouldn't be my client's problem. The Appeals Council should take its job seriously or get out of the business of representing itself as a quasi-judicial body.