Feb 8, 2007

What Committments Did Michael Astrue Make To Become Commissioner?

Back in October I wrote about how outside groups might ask senators to extract commitments during the confirmation process for Michael Astrue, the nominee to become Social Security Commissioner. The confirmation process is over and Astrue has been confirmed. Let us look back at the issues I thought would be raised (and one which should have occurred to me but did not) and the results that we have seen so far:
  1. Keep the Social Security Administration out of politics, including any renewed effort at privatization or other "reform" of Social Security. This was a no-brainer. It was the first subject covered in the confirmation hearing and Astrue gave a clear committment to keep the Social Security Administration out of politics.
  2. Officially withdraw the Notice of Proposed Rulemaking that would increase the age requirements of the grid regulations. This did not come up during the confirmation hearing, but that does not mean that it did not come up during the private interviews before the hearing. We can hope this one will be quietly withdrawn. It would certainly be impolitic of Astrue to officially adopt the regulations. I do not expect any announcement that the proposal has been withdrawn, however. If it is going to be withdrawn, the winddrawal will just be hidden away in the next regulatory agenda that Social Security has to publish in the Federal Register.
  3. Do something now about the backlog of pending requests for hearings at Social Security, such as restarting "re-recon" and senior attorney decisions. Again, this subject was not covered during the public hearing, but that does not mean that Astrue was not asked to make a commitment privately. Since this would be fairly quick and easy to do, we can hope to find out before long. Astrue did publicly commit to talking with the employee unions. The National Treasury Employees Union (NTEU) has been pushing for the senior attorney program. The House Social Security Subcommittee may be pressing Astrue on this one as well.
  4. Speak publicly about Social Security's budget problems. It was clear from Astrue's comments during the hearing that Social Security's budget is already very much on his mind. It also seems clear that he wishes to avoid the trap of promising that some grand plan will improve service at Social Security without regard to Social Security's budget. He seems prepared to tell Congress that the level of service that the Social Security Administration provides the American people is determined by the budget they provide his agency. This is an enormous step forward. It remains unclear whether he is willing to speak outside Congressional committee rooms about the problem.
  5. Raise the fee cap. Under the fee agreement process, attorneys and others representing Social Security claimants are currently limited to a maximum fee of $5,300, as a practical matter. This cap has not been raised in more than five years. Adjusting this cap for inflation is at the discretion of the Social Security Commissioner. The National Organization of Social Security Claimants Representatives (NOSSCR) was seeking a commitment from Astrue to not only raise the cap to account for inflation, but also to make cost of living adjustments an annual event. We should find out on this soon, since almost no effort is required to raise the fee cap.
  6. Talk with the employee unions. This is one that I should have foreseen, but did not. Jo Anne Barnhart talked with everyone who was interested in talking with her, with one huge exception -- the employee unions. The National Treasury Employees Union (NTEU) and American Federation of Government Employees (AFGE) were extremely unhappy with this and demanded that the new Commissioner meet with them. Astrue promised during the confirmation hearing to meet with the employee unions.

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