Dec 14, 2017

Donald Trump's SSN Is Out There

     From ABC News:
A Louisiana private investigator pleaded guilty on Monday to misusing Donald Trump's Social Security number in repeated attempts to access the president's federal tax information before his election last year.
Jordan Hamlett, 32, faces a maximum sentence of five years in prison and a $250,000 fine following his guilty plea in federal court.
Authorities have said Hamlett failed in his attempts to get Trump's tax information through a U.S. Department of Education financial aid website. ...

Dec 13, 2017

Merry Christmas


Problem Solved!

     From Mother Jones:
... I have some good news to share. I was browsing through the 2017 Social Security Trustees report, and it turns out that Social Security will be solvent through the rest of the century. Here’s their chart of how things look based on different estimates of economic growth:
As we all know, the official OMB/Treasury estimate of future economic growth is 2.9 percent, which means the trust fund will be flush with cash far into the future. This means everyone can stand down and leave Social Security alone. In fact, it’s doing so well that Congress might want to think about raising benefits. Hooray!

Dec 12, 2017

Look, Squirrel!

     In an editorial, the Ft. Worth Star-Telegram falls for Sam Johnson's absurd attempt to blame Social Security's hearing backlog on the lack of a confirmed Commissioner for Social Security. Yes, they make some vague mention of "resources and staff" but the thrust of the piece is that the cause of the backlog is that there's no confirmed Commissioner. That's nonsense. The backlog is 100% caused by the failure of Johnson and his Republican colleagues in Congress to appropriate enough money for the agency. No Commissioner could do anything with this impossible budget situation. Blaming the backlog on the lack of a confirmed Commissioner is such an obvious misdirection by Johnson. He must be chuckling at how easily he fooled them.

Dec 11, 2017

Waiting In Tampa

     The Tampa Bay Times reports on the effects of Social Security's hearing backlog. Tampa has one of the highest backlogs in the country.

Happy Holidays


Dec 9, 2017

Can Anyone Explain This One To Me?

     A contracting notice posted by the Social Security Administration:
The purpose of this request for information (RFI) is to conduct market research to determine potential vendors that are capable of providing mobile Livescan fingerprinting services nationwide.
     I'm sorry but it sounds a little black helicopterish, if you know what I mean.

Dec 8, 2017

Chasing An Elusive Goal

     From a contracting notice posted by the Social Security Administration (SSA):
SSA is seeking the assistance of a contractor to conduct an evaluation of the Retaining Employment and Talent After Injury/Illness Network (RETAIN) demonstration projects. RETAIN is a joint demonstration with the Department of Labor (DOL) that will test early interventions to help workers stay at work or return to work after experiencing a work-threatening injury, illness, or disability. The ultimate policy goal is to reduce long-term disability - including the need for federal disability programs - and increase labor force participation among those individuals. ...
RETAIN is loosely modeled on several promising early intervention programs run by the Washington State workers' compensation system, including the Centers of Occupational Health and Education (COHE), the Early Return to Work program, and the Stay at Work program. These programs provide early intervention and return-to-work services for individuals with work-related health conditions. Preliminary results from COHE suggest a significant (26%) reduction in long-term transitions to SSDI. This demonstration will draw from and test key features of these Washington programs, in other states and/or for a population beyond workers' compensation (i.e., for non-occupational injuries and illnesses), and with an increased emphasis on employment-related supports.
Developing and conducting a rigorous evaluation of the interventions is a key component of RETAIN. In this joint demonstration, DOL will award cooperative agreements to states to operate RETAIN projects, and SSA will provide an independent, comprehensive national evaluation of all of the state projects. The national evaluation will include a process analysis, a participation analysis, an impact analysis, and a cost-benefit analysis. As part of the RETAIN evaluation, we will analyze the impact of these programs on the following broad outcomes:

Dec 7, 2017

In Case Of A Government Shutdown

     Even though Republicans control the House, the Senate and the White House there's a risk of a government shutdown at midnight Friday.  Money Magazine talks about what happened at Social Security the last time this happened:
In 2013, the Social Security Administration delayed 1,600 medical disability reviews and 10,000 Supplemental Security Income redeterminations on each day of the shutdown, a government report found.

Bill Introduced On Rep Payees

     From a press release issued on December 5:
Today, Ways and Means Social Security Subcommittee Chairman Sam Johnson (R-TX) and Ranking Member John Larson (D-CT) introduced the Strengthening Protections for Social Security Beneficiaries Act of 2017 (H.R. 4547), bipartisan legislation to improve and strengthen the Social Security Administration’s (SSA) representative payee program. ...
The Strengthening Protections for Social Security Beneficiaries Act of 2017:
  • Strengthens oversight by increasing the number of performance reviews of payees, requiring additional types of reviews, and improving the effectiveness of the reviews by the requiring the Protection and Advocacy system of each state to conduct the reviews, on behalf of the Social Security Administration (SSA).
  • Reduces the burden on families by eliminating the requirement to file an annual payee accounting form for parents who live with their children and for spouses.
  • Enhances personal control by allowing beneficiaries to designate their preferred payee in advance of actually needing one; and ensures improved selection of payees by requiring the SSA to assess the appropriateness of the preference list used to select payees.
  • Improves beneficiary protections by increasing information sharing between the SSA and child welfare agencies, and by directing the SSA to study how better to coordinate with Adult Protective Services agencies and with state guardianship courts.
  • Limits overpayment liability for children in the child welfare system.
  • Ensures that no beneficiary has a barred payee by codifying the ban on individuals with certain criminal convictions from serving as payees and prohibiting individuals who have payees from serving as payees for others.
     I don't like the idea of greater involvement of Protection and Advocacy systems. I think that's asking for trouble. Social Security isn't good at that sort of interface. Unfortunately, there will always be some representative payees who rip off the people they're trying to help. I strongly doubt that this sort of thing would help.

Dec 6, 2017

Self-Referential For Good Reason?

     Jeff Caplan at the Fort Worth Star-Telegram has written another piece on the effects of the horrible hearing backlog at Social Security. I'll give you an excerpt, even though he's quoting me, since I was stating some things that most reading this already already know but which haven't been stated in this sort of article before:
... Initially [claimants with their own stories of hardship due to the hearing backlog] who contacted the Star-Telegram, said they were hesitant to air their grievances publicly for fear it would be detrimental to their cases.
Those fears are unfounded, said prominent disability attorney Charles Hall of Raleigh, N.C. He believes the Social Security Administration follows press reports and “perhaps usually speeds up the process when a case gets reported.” ...
Hall’s advice for anyone who believes they qualify for disability benefits is to start the process immediately. Too many people, he said, are convinced they will get better and will be able to return to work.
“They view filing for Social Security disability as unpleasant and demeaning. They think of it as a one-way trip, that if they file a disability claim that they can’t ever return to work. That’s not the way it is,” Hall said. “If a claimant gets better, they can always return to work. It’s frustrating to me that many of my clients wait until they’re destitute before ever filing a claim.
“It’s bad enough if you file the claim quickly. It’s so much worse if you wait until you’re homeless.”

Read more here: http://www.star-telegram.com/news/local/community/fort-worth/article188307729.html#storylink=cpy

Read more here: http://www.star-telegram.com/news/local/community/fort-worth/article188307729.html#storylink=cpy

Read more here: http://www.star-telegram.com/news/local/community/fort-worth/article188307729.html#storylink=cpy

Dec 5, 2017

Priceless

A Picture Of Eric Conn As He Was Being Arrested At A Pizza Hut In Honduras

Dec 4, 2017

Newsflash: Eric Conn In Custody

     A Honduran newspaper is reporting that Eric Conn is in custody.

Anarcho-Capitalism And ALJs

     The Trump Administration has decided to reverse the position taken by prior administrations on whether Administrative Law Judges (ALJs) are officers or employees. Prior administrations had argued they were employees. The Trump Administration is arguing to the Supreme Court that they are officers.
     Sounds boring, right? The problem is that if they are officers, their appointments have to be approved by the President. ALJs would all serve at the pleasure of the President. Got your attention now?
     Under the appointments clause of the Constitution, "officers" must be appointed by the President. Employees are not appointed by the President and are protected by civil service rules. ALJs have not been appointed by the President and are protected by those civil service rules. The difference between an officer and an employee is the degree of independent authority exercised.
     "Officers" need not be confirmed by the Senate. There is a corps of about 7,000 members of the Senior Executive Service (SES) who are considered "officers" in the federal government who must be appointed by the President but who are not confirmed by the Senate. They hold, well, senior positions at agencies. The confirmation is mostly a formality. Agencies send over lists of SES appointments for routine Presidential sign-off. However, the President can always refuse to sign-off on an SES appointment or insist that a certain person get an SES appointment or insist that a person holding an SES position by removed from his or her position. Political appointees can do the same to the extent that an SES office holder work for them.
     Since none of the ALJs on duty now have been approved by the President, all actions they have taken may be considered ultra vires, to use the legal term for "beyond their powers."
     If ALJs, as presently appointed, are found to be unconstitutional, the President could decide on which of the current ALJs he wants to keep and which he wants to leave. He could fire any of them at any time if they displease him. They could be ordered about pretty much as the President desires.
     Basically, if the President's position is upheld, the independent ALJ corps as we have known it is dead.
     Why would anyone argue for Presidential appointments of ALJs? If you have an ALJ decision you disagree with, you might want it overturned on the grounds that the ALJ who decided it had no legal authority to decide it. You might make the argument if you want all disputes you have with the federal government decided in a completely political manner. More importantly, you would make this argument if, like Steve Bannon, you wanted to "deconstruct the administrative state," by which you meant returning the federal government to some supposed state of nature after it has been drowned in a bathtub to use Grover Norquist's words. Given the growth of the American economy and population, I think that would bring about what could only be described as anarchy, although the more accurate term might be anarcho-capitalism, which really is a thing. Today's Republican party is rapidly becoming an openly anarcho-capitalist party.
     What would follow if ALJs as presently appointed are found to be unconstitutional? Maybe, they continue to be hired in much the same way as now but their appointments are routinely approved by the President and there's no interference with their exercise of judgment. Maybe, Trump starts picking individual ALJs to be fired based upon what he heard on Fox and Friends that morning. Maybe, there will be a wholesale turnover of ALJs with each Presidential Administration. Maybe, appointments of ALJs become openly political. Maybe, ALJs are routinely told by those holding political appointments what decisions they must make. Maybe, Social Security ALJs are told they must not approve more than some set percentage of disability claimants. God only knows.

Dec 3, 2017

One Man's Fight

     A Norfolk, VA television station reports on one person's fight for Social Security disability benefits. Over a million people are in the same boat. And don't make the stupid assumption that because he has liver cirrhosis that he's an alcoholic. He's a diabetic. Diabetes can cause liver disease.

Dec 2, 2017

LOL

     Sam Johnson, the Chairman of the House Social Security Subcommittee, is now trying to blame the hearing backlog on President Trump's failure to nominate a new Commissioner for Social Security.
     A confirmed Commissioner would be nice but it's absurd to think that any Commissioner could possibly do anything of consequence about the backlog without more money to spend to hire the personnel needed to get the work done. That one is on you and your Republican colleagues in Congress, Mr. Johnson.

Dec 1, 2017

Hearing Backlog Soaring

     The Orange County Register article on Social Security's hearing backlog included a number of very interesting charts. Here's one.
Cases awaiting a Social Security disability hearing

Nov 29, 2017

Why Is There So Much Regional Variation? Part I

     The Orange County Register article on Social Security's hearing backlog included a number of very interesting visuals. Here's one.

Nov 28, 2017

Looks Like Someone Goofed

     From a Social Security press release:
In October of each year, the Social Security Administration announces adjustments that take effect the following January that are based on the increase in average wages. Based on the wage data Social Security had at the time of the October 13, 2017, announcement, the maximum amount of earnings subject to the Social Security tax (taxable maximum) was to increase to $128,700 in 2018, from $127,200 in 2017. The new amount for 2018, based on updated wage data reported to Social Security, is $128,400. ...
     This is odd. Why wouldn't Social Security have had the correct data as of October 13, 2017? It looks like someone goofed but the goof may have happened outside the Social Security Administration. In fact, it sounds like they're saying that someone else, perhaps Treasury, gave them incorrect information.
    I hope this doesn't cause problems. Programs used to compute payroll have to have the correct FICA wage cap. There will be problems if those programs aren't corrected.

Cut It Until It Bleeds And Then Complain About The Bloodstains

     The Orange County Register has a report on Social Security's horrendous hearing backlog. As the story says, Republican ideology plays a part. Even though Republican voters in general support Social Security, the Republican donor class hates Social Security so Republican officeholders underfund Social Security so that service deteriorates. Then they use the poor service as proof that government programs can't work.

Nov 27, 2017

A Narrow Win For Social Security

     The First Circuit Court of Appeals has issued an opinion in Justinano v. Social Security holding that the federal court have no jurisdiction, prior to a final administrative decision, to review Social Security's termination of disability benefits due to allegedly fraudulent medical evidence. These cases arose in Puerto Rico but this is essentially the same as the situation when the first civil actions were filed in the cases of claimants who had been represented by Eric Conn. 
     Note that no one is denying that there is jurisdiction to review a final administrative determination in these cases. Presumably, by now there are final administrative determinations to review.

Nov 26, 2017

Stop The Garnishment

     From a piece in Huffpost written by Nancy Altman and Raúl Grijalva:
... [U]ntil 1996, income from Social Security was one of the few sources that people with debt could count on because the benefits were off limits to creditors. Unlike your paycheck, which is subject to garnishment if you are late on a payment, your Social Security benefits were protected from debt collection. But in that year, Congress enacted the Debt Collection Improvement Act. That bill gave our government the power to seize a portion of Social Security benefits for the repayment of student loans, Veterans Administration home loans, food stamp overpayments and the like. It is ironic, at best, that Congress has exempted itself from a rule that limits private creditors. The government garnishing the very income that provides such modest support and lifts so many people out of poverty is plain wrong.   
Let’s look at student loans as one example. It is no news that our nation is facing a student loan debt crisis. However, despite popular belief, student debt is not only a young person’s problem. People 65 and older owe billions of dollars on outstanding student loans. As the population ages, the amount owed by older Americans continues to increase.  
Some of this debt is decades old, incurred when older Americans sought higher education. Some is the result of co-signing loans to help their children and grandchildren. If the loans can’t be paid off, they will follow you into retirement. Student loans owed by seniors are much more likely to be in default than student debt held by younger Americans. In 2013, 12 percent of federal student loans held by those aged 24 to 49 were in default. In contrast, 27 percent of federal student loans held by those aged 65 to 74 were in default. For those aged 75 and older, the default rate spikes to more than 50 percent! 
That’s where Social Security comes into play. If the student loan was made by a private bank or other financial institution, your Social Security benefits are safe. But if the loan was made by the government, a portion of your hard-earned Social Security benefits can be grabbed without your permission. 
This garnishment of Social Security benefits is happening and at an alarming rate. The number of retirees and people with disabilities who have had a part of their modest Social Security benefits seized by the government to pay off student loans tripled between 2006 and 2013. And this number is projected to grow dramatically in the future, as the cost of education continues to balloon and our population ages. 
The good news is that there is a solution – Congress created this problem, which means that it can also fix it. The Protection of Social Security Benefits Restoration Act, which will be introduced in the House of Representatives after Thanksgiving, will overturn the wrong-headed 1996 legislation by restoring the protected status of Social Security trust fund payments. That means no more garnishment of already meager Social Security benefits. Led by Representatives Raúl M. Grijalva, John Larson, Marcia Fudge and Mark Pocan, this legislation is particularly important because in addition to facing a student debt crisis, the nation is facing a looming retirement income crisis. As more and more seniors retire in the future, Social Security will be even more important. ...

Nov 25, 2017

An Embarrassing Mistake

     From KWTX:
A local mother is speaking out for disabilities awareness after her 4-year-old daughter was denied access to accommodations needed to treat her disability at the Temple Social Security office. 
Scarlett Barker-Thomas has a metabolic disorder that keeps her body from regulating blood sugar properly.  
Because of this, she loses energy quickly and needs frequent feedings through a tube in her stomach.  
Scarlett’s mother, Terrin Barker-Thomas, said she and her daughter visited the Social Security Administration office in Temple on Nov. 13.  
When she tried to bring in a small bottle of apple juice for her daughter, Barker-Thomas said a security guard told her that was against the agency’s food and drink policy, and that any feeding would need to be done outside.  
Barker-Thomas said she tried to explain her daughter’s situation to the guard, but he still refused.  
The manager of the office agreed with the guard, and Barker-Thomas eventually called police. ... 
The Social Security Administration later apologized.  
“We sincerely apologize to Scarlett and her mother,” SSA Deputy Regional Communications Director Veronica Taylor said in a statement. ...

Nov 24, 2017

Explosive Package Sent To Acting Social Security Commissioner

     From The Daily Beast:
A Texas woman has been accused of mailing explosives to Gov. Greg Abbott and former President Barack Obama. Abbott reportedly opened the package but it failed to explode because he didn’t open it “as designed.” Court documents say 46-year-old Julia Poff faces charges of transporting explosives with intent to kill or injure for packages allegedly sent to Abbott and Obama in October 2016. Poff also allegedly sent a package to Carolyn Colvin, the commissioner of the Social Security Administration. A six-count indictment alleges the letter bombs “could've caused severe burns and death.” Poff was reportedly angry about not receiving support from her ex-husband. ...

Nov 22, 2017

Eight Pivotal Dates For Social Security

  
The Motley Fool has a list of what it considers the eight pivotal dates in Social Security history. What do you think of their list?
  • Aug. 14, 1935: The Social Security Act is signed into law 
  • Aug. 10, 1939: Social Security benefits are broadened to include dependents and survivors 
  • Aug. 1, 1956: Amendments are introduced to provide benefits to the disabled 
  • Jun. 30, 1961: Amendments allow workers to elect a reduced retirement benefit at age 62
  • Jul. 1, 1972: A new law is signed, establishing an annual COLA beginning in 1975 
  • Oct. 30, 1972: The Social Security Amendments of 1972 creates the SSI program 
  • April 20, 1983: The Social Security Amendments of 1983 are signed into law (partial taxation of Social Security benefits and a gradual increase in full retirement age) 
  • April 7, 2000: The Retirement Earnings Test is eliminated for those at, or beyond, full retirement age

Nov 20, 2017

Washington Post On Social Security's Hearing Backlog

     The Washington Post has another in its series on Social Security disability. The stigmatization is still there -- focusing on an uneducated claimant, a photo of an extremely messy home, a mention of drug abuse -- but the primary focus is on the suffering that Social Security's hearing backlog causes for disabled people and the cause of that backlog, inadequate administrative funding. Still, articles such as this suggest that the problems caused by Social Security's hearing backlog aren't near by. They're out there. They only affect stupid people living in rural areas who are drug addicts. I don't have to worry about this because it doesn't happen to people like me. Let me suggest to the Post's writers that they don't have to travel far to find disabled people to write about. I expect that they can find them within a couple of miles of their offices. They can easily find people with the same problems who have college educations. There are plenty of people their readers can identify with whose lives have been devastated by Social Security's hearing backlog. It can even happen to reporters.
     By the way, I do not tell clients that they should avoid work while awaiting a hearing. I do tell them that regular work, even part time work, can affect their case. Theoretically, if it's below a certain earnings level, it's not supposed to but in the real world it can affect perceptions. Anyway, most claimants who return to work, even part time work, don't last long. Also, by the way, I don't require that male clients wear a dress shirt to their hearing, much less to meet with me.

Nov 19, 2017

Being Poor Is Bad For Your Health -- Or Maybe Being In Poor Health Makes You Poor

     From The Guardian:
... [O]ver a 10-year period, Americans aged 54 to 64 who were in the lowest wealth bracket (with financial holdings of $39,000 or less) faced a 48 percent risk for developing a disability and 17 percent risk for dying prematurely, the investigators found.   
By comparison, their peers in the highest bracket (with holdings equaling $560,000 or more) had a 15 percent disability risk and 5 percent premature death risk. 
The fact that people in England are guaranteed cradle-to-grave government-run health care coverage, while Americans are not, did not seem to have much effect. 
The study was published online October 23 in JAMA Internal Medicine.”We saw similar relationships in both the United States and England, which are two countries with very different health and social safety-net systems,” explained Dr. Lena Makaroun, the study’s lead author. ... 
Disability status was assessed on the basis of whether participants could, on their own, get dressed, bathe, eat, get in and out of bed, and use the bathroom. ...

Nov 18, 2017

If You Thought That Social Security's Workload Would Decrease After All The Baby Boomers Retired, You Were Wrong

     This is from a report by Social Security's Office of Inspector General (OIG). Online services will only get the agency so far. Social Security needs more funding so it can hire more warm bodies to get the work done.
Click on chart to view full size

Nov 17, 2017

Devote Estate Tax Revenues To Social Security Trust Funds?

     From an opinion piece written for The Hill by Nancy Altman, co-director of Strengthen Social Security and a member of the Social Security Advisory Board:
Of the many giveaways to the super-rich in the Republican tax bill, the elimination of the estate tax stands out. This tax, the government’s most progressive source of revenue, does not affect 99.8 percent of Americans. Rather, it is paid by Republicans’ billionaire donors. ...
If Republicans don’t want the revenue from that top 0.2 percent of wealthiest Americans to run the government, let’s dedicate it to Social Security and use it to expand those modest but vital benefits for everyone. ...
[T]he bulk of income gains captured by the wealthy either fall above Social Security’s maximum earnings contribution cap (currently $127,200), or are unearned income on which they do not pay Social Security contributions.
Since the earnings of high-income workers have increased much more rapidly than the average in the last several decades, Social Security now covers only about 82 percent of all wages. In 2016 alone, those at the top paid $80 billion less to Social Security, only because the cap has slipped from covering 90 percent of wages, as Congress intended, to 82 percent today. Those are billions of dollars that should have gone to Social Security but instead stayed in the pockets of the wealthiest among us. Unquestionably, the richest are not paying their fair share into Social Security. ...
Isn’t it more than fair that their heirs, who had nothing to do with creating the wealth, receive most of it, but not every single penny of it? Isn’t it more than fair that a small piece of all that wealth go to the rest of us, without whom that wealth would never have been amassed? ...

Nov 16, 2017

Social Security Will Be Affected By Republican Tax Bill

     The tax bill that Republicans hope to pass would potentially have effects upon Social Security. It would trigger budget rules that would demand significant cuts in Social Security and Medicare. Congress would still have to pass those cuts but they would have held a gun to their heads to force themselves to do so. However, the bill would end a tax loophole that has allowed many professionals to avoid the FICA tax that supports Social Security by using pass-through corporations.

Nov 15, 2017

"Backlogged To The Point Of Near-Absurdity"

     The Fort Worth Star-Telegram is reporting on the effects that Social Security's horrible backlogs are having on disabled people. Here are some excerpts:
...[T]he system is backlogged to the point of near-absurdity. Local applicants can wait up to two years for a hearing before a judge, with many cities facing longer waits. A hearing is scheduled after applicants have already been denied — as most typically initially are — a process in itself that can take up to eight months.
And so as the bureaucratic clock creeps toward a hearing, many applicants are faced, month after month, with slashed household income, dwindling or drained savings accounts and often no option left but to pile car payments, mortgage payments, the electricity bill and prescriptions and groceries on to credit cards....

Read more here: http://www.star-telegram.com/news/local/community/fort-worth/article184703718.html#storylink=cpy

Read more here: http://www.star-telegram.com/news/local/community/fort-worth/article184703718.html#storylink=cp
A staffer in the Washington, D.C., office of Rep. Sam Johnson, R-Texas — who is a member of the House Ways and Means Committee where he serves as the chairman of the Social Security Subcommittee and sits on the Health Subcommittee referred calls to health adviser Darren Webb.
Webb, however, did not return an email message. ...
A Fort Worth woman who has had breast cancer, has undergone heart surgery and suffers from chronic obstructive pulmonary disease that limits her lung functionality to 54 percent, filed her initial disability claim two years ago. She isn’t scheduled for her hearing until early 2018.
She said she is “appalled at the process” and was too scared to be quoted by name for this story because she feared jeopardizing her chances at winning her claim, or delaying the process further. She said she has “has always worked and paid my taxes,” but is now in “serious financial problems.” If not for her ex-husband helping her pay bills, she said she would have lost her house through this process. ...

Read more here: http://www.star-telegram.com/news/local/community/fort-worth/article184703718.html#storylink=cpy

Read more here: http://www.star-telegram.com/news/local/community/fort-worth/article184703718.html#storylink=cpy

Nov 14, 2017

Good Contracting Move?

     When a Social Security Administrative Law Judge holds a hearing, there's always someone helping him or her -- escorting the claimant and attorney into the hearing room, operating the recording equipment, taking notes, etc. I've heard this person referred to as a hearing recorder or monitor or reporter. Some years ago, the hearing recorder was a regular Social Security employee. Then the agency began using contract workers to do the job. The hearing recorders were paid a set amount per hearing -- as long as the claimant showed up for the hearing. When my client failed to show up for the hearing, I wasn't the only one who was disappointed! The contracting was done on an individual basis with each hearing recorder.
     We've now heard that Social Security has decided to contract with a firm which will hire and manage hearing recorders to provide this service generally. I don't know how widespread this is. It covers at least all the hearing offices in North Carolina. This will start at the beginning of 2018. 
     The contractor that has been hired has informed the current hearing recorders in North Carolina that they can continue the work but that they'll be paid 40% less. Almost all of the hearing recorders I've talked to have told me they're not interested in taking a 40% pay cut and working for the new contractor.
     Like a lot of jobs, the hearing recorder job may seem easy to perform and not that important -- until you get someone performing the job badly. I'm concerned that because the job will pay so much less that the new people hired will be unable to provide quality service. I know that at best there's going to be problems and frustration come January.

Nov 13, 2017

I'd Call This Answer Seriously Incomplete -- Why?

     From app., some newspaper that doesn't want you to know its name or where it's located:
In my daughter’s senior year of high school, she had an accident that paralyzed her. It doesn’t look like she will be able to work in the near future, and since she has never worked she hasn’t paid Social Security taxes. Can Social Security still help her?
Your daughter may qualify for Supplemental Security Income (SSI) benefits. SSI is a needs-based program paid for by general revenue taxes and run by Social Security. It helps provide monetary support to people who are disabled and who have not paid enough in Social Security taxes to qualify for Social Security disability benefits. To qualify for SSI, a person must be disabled, and have limited resources and income. For more information, visit our website and check out our publication, “You May Be Able To Get SSI,” at www.socialsecurity.gov/pubs.
Valerie Fisher is district manager of the Social Security office at 3310 Route 66, Neptune, NJ 07753. Call 800-772-1213 for information.
     This may have been prepared by some press officer at Social Security rather than by Ms. Fisher. In any case, it's an incomplete answer. It's the sort of thing that is often, perhaps usually, missed. What is it?

Nov 12, 2017

That's A Bleak Image

     I think that half the press articles about Social Security use this same bleak stock photo. Why can't they do better? Is that how we want people thinking about Social Security? Here's a few links to give you an idea: St. Louis Post-Dispatch, USA Today, Seattle Post-Intelligencer. What would a better illustration look like?

Nov 11, 2017

Lest We Forget

They shall grow not old, as we that are left grow old:
Age shall not weary them, nor the years condemn.
At the going down of the sun and in the morning
We will remember them.
From For The Fallen by Robert Laurence Binyon

Nov 10, 2017

Social Security Numbers Must Go?

     From Tech Crunch:
Eyeing more secure alternatives to Social Security numbers, lawmakers in the U.S. are looking abroad. Today [November 8], the Senate Commerce Committee questioned former Yahoo CEO Marissa Mayer, Verizon chief privacy officer Karen Zacharia and both the current and former CEOs of Equifax on how to protect consumers against major data breaches. The consensus was that Social Security numbers have got to go. ...
“Some combination of digital multi-factor authentication… is the right path,” former Equifax CEO Richard Smith said when asked about such a program.
Multiple times throughout the hearing, Brazil’s Infraestrutura de Chaves Públicas system of citizen IDs through digital certificates came up as a potential model for the U.S. as it moves forward. In this model, a certificate lasts for three years at maximum and can be used to issue a digital signature much like written signatures are used now. Unlike its counterpart in the U.S., these identity accounts can be revoked and reissued easily through an established national protocol. ...
Last month, White House cybersecurity coordinator Rob Joyce made it clear that the Trump administration is also interested in abandoning Social Security numbers in favor of a more secure, more digital form of identification, stating that the form of ID has “outlived its usefulness.”

Nov 9, 2017

ODAR Caseload Analysis Report

     Obtained by the National Organization of Social Security Representatives (NOSSCR) and published in their member newsletter, which isn't available online:
Click on image to view full size

Nov 8, 2017

Online Wage Reporting For SSDI Recipients

     An announcement from the Social Security Administration:
Social Security has expanded its online services to allow people who receive Social Security Disability Insurance (SSDI) benefits and their representative payees to report wages securely online. This service is available through our existing my Social Security portal. ...
This service will be available for Supplemental Security Income (SSI) recipients in the future. SSI recipients should continue to report wages through SSI Mobile Wage Reporting, SSI Telephone Wage Reporting, or by visiting a local field office.

Nov 7, 2017

Immigrants Less Likely To Receive Social Security Disability

     From a press release:
No matter where they came from, people born outside the United States but working here are much less likely to receive Social Security Disability Insurance benefits than those born in the U.S. or its territories. Foreign-born adults, according to a study published in the December issue of the journal Demography, are less likely to report health-related impediments to working, to be covered by work-disability insurance, and to apply for disability benefits.
The researchers used data from the American Community Survey (ACS) to determine the prevalence of work disability and records from the Social Security Disability Insurance (SSDI) program to determine the incidence. They found that over the ten-year period from 2001 to 2010, about 6.56 people per thousand born in the U.S. received benefits through the SSDI program.
Foreign-born individuals make up about 13 percent of the U.S. population, and a somewhat larger proportion (16.7 percent) of the U.S. labor force. They are, however, significantly less likely to report work disability and to receive work disability benefits. The researchers found that only 4.16 per thousand foreign-born men and 4.36 per thousand foreign-born women were approved for benefits. ...
     I don't think this means much. Many of the native born Americans who end up receiving Social Security disability benefits have health problems that were coming on for a long time, sometimes since birth. People who emigrate are unlikely to have serious, chronic health problems at the time they emigrate. If they had been sick, they probably would have stayed in their native countries. The addition of healthy productive workers is one of the many ways that America benefits from immigration.

Nov 6, 2017

Plan To Go After More Debts

A Non-Entitled Debtor (NED) is a person or entity that owes a debt to the Social Security Administration (SSA) but is not entitled to Social Security benefits or Supplemental Security Income payments. Consequently, the NED does not have a Master Beneficiary Record (MBR) or a Supplemental Security Record (SSR) of his or her own....
 In order to take appropriate actions, SSA’s automated debt collection systems have always interfaced with an MBR or SSR [databases of those entitled or potentially entitled to benefits] for the debtor. In cases where the debtor did not have a master beneficiary record, debt collection required manual control and efforts.
The purpose of the NED initiative is to create an automated system for controlling debts (both overpayments and incorrect payments) owed by people who do not have master beneficiary records. Therefore, SSA developed the capability within the Debt Management System (DMS) to identify, record, collect, and otherwise resolve debts owed by NEDs.
The NED database will record Overpayments and other debts in a series of releases to be determined in the future. Ultimately, the plans are to enable SSA to record and control debts owed by all types of NEDs. SSA intends to use all available, authorized debt collection methods to recover the debts ...

Nov 5, 2017

Social Security Employee Convicted Of Fraud

     From some radio or television station in Indiana that likes to call itself "ABC57":
A South Bend woman who worked for the Social Security Administration was convicted in federal court of ten counts of making false entries in government records, two counts of conversion of government money, and one count of wire fraud.
Sharon Ramos, 56, was convicted after a four day jury trial.
Between January 2008 and December 2013, Ramos made false and fictitious representations on Supplemental Security Income accounts of numerous claimants. The improper entries resulted in numerous claimants receiving payments they were not entitled to receive, according to the US Attorney's Office. ... 

Nov 4, 2017

What About Criminal Charges?

     From a press release:
The United States recovered $200,000 as a settlement of allegations that Stephen G. Ackerman violated the federal False Claims Act by improperly accepting Social Security Disability Income payments and misleading the Social Security Administration (“SSA”) about his work activity, acting U.S. Attorney Bob Troyer announced.
The Settlement Agreement resolves contentions by the United States that Mr. Ackerman failed to accurately report his work activity to SSA between January 2011 and January 2016.  The United States contends that Mr. Ackerman engaged in substantial gainful activity that made him ineligible to receive his monthly disability income payments through his work on behalf of Organic Alternatives, a marijuana retail business Mr. Ackerman owns and operates.  Because Mr. Ackerman was not truthful to SSA about his work activity, the United States contends that he is liable under the False Claims Act, which allows for civil penalties and treble damages. ...
     Did Mr. Ackerman buy his way out of criminal charges?

Nov 3, 2017

Headcount Ticks Up Slightly

The Office of Personnel Management (OPM) has posted updated figures for the number of employees at the Social Security Administration:
  • September 2017 62,297
  • June 2017 61,592
  • March 2017 62,183
  • December 2016 63,364
  • September 2016 64,394 
  • December 2015 65,518
  • September 2015 65,717
  • June 2015 65,666
  • March 2015 64,432
  • December 2014 65,430
  • September 2014 64,684
  • June 2014 62,651
  • March 2014 60,820
  • December 2013 61,957
  • September 2013 62,543
  • December 2012 64,538
  • September 2012 65,113
  • September 2011 67,136
  • December 2010 70,270
  • December 2009 67,486
  • September 2009 67,632
  • December 2008 63,733
  • September 2008 63,990

Nine Months For Throwing Rock Through Window

     From the New Orleans Times-Picayune:
A Metairie man was sentenced Wednesday (Nov. 1) to nine months in prison for hurling a "medium to large sized rock" through a second-floor window of the U.S. Social Security Administration's office in Kenner, according to federal court documents.
Bobby Joseph Hammond, 38, was also ordered to pay $1,330 in restitution after he previously pleaded guilty to felony destruction of government property for throwing the rock. ...
In an interview with federal investigators, Hammond's mother said her son has mental illness and refuses to take his prescribed medication. ...
In a separate item, the affidavit shows that Hammond's mother told investigators she used to be the payee for her son's Social Security checks, but he had asked her to remove herself, which stopped the checks from being deposited into her bank account. 
After Hammond's checks were no longer deposited into her bank account, Hammond grew angry "because he did not have access to his money," according to his mother's statements. ...

Nov 2, 2017

I'll Take A Guess

     The Vermont Legislative Joint Fiscal Office is asking why there is a higher percentage of Vermonters drawing Social Security disability benefits due to mental illness than the national average. I'll give them an answer they haven't considered. Vermont is in Social Security's Region I. That Region has long had higher approval rates than other Regions. Regions matter since Regional Office Quality Assurance reviews most favorable determinations (but few unfavorable determinations) made within the Region. Mental illness disability determinations are particularly sensitive to differences in adjudicative climate.

Nov 1, 2017

Tinkering With Work Incentives Won't Matter

    Here's another writer who thinks that people will fly off the disability rolls if we just tinker with work incentives. We should change it from a cliff to a ramp but I'm telling you that it will make little difference. We've had near continuous tinkering with work incentives since the 1960s -- yes, the 1960s -- to no effect. Additional tinkering won't matter much. There are two fallacies underlying all this tinkering -- the belief that it's not that hard to get on disability benefits and that people who go on disability benefits will eventually get better. Neither is even a little bit true.

Oct 31, 2017

Happy Halloween!

Yes, I know they're actually dressed for Dia de los Muertos but that's sorta the same thing.

Oct 30, 2017

Why So Much Homelessness?

     From The Oregonian:
Of the 4,000 people living on the streets in Multnomah County, more than half have serious mental illness and more than a third have physical disabilities.
You'd think many of these people could qualify for disability income help from the government.
The short answer is they probably could. 
The reality is the more disabled they are, the harder it is for them to pursue benefits.
This is where Mellani Calvin comes in. In April 2010, she founded the nonprofit ASSIST, which stands for "Assertive Supplemental Security Income Service Team." From a small office in Southwest Portland, the five-member staff works with indigent or homeless clients seeking to qualify for disability benefits. ...

Oct 28, 2017

Sicker Because Poorer Or Poorer Because Sicker

     From Reuters Health:
People with fewer assets like real estate, savings, stocks and retirement accounts may be more likely to develop disabilities or die prematurely than wealthier individuals, a new study suggests. ... 
“Interestingly, the link between wealth and health outcomes was seen in both the U.S. and England, which are two countries with very different health and social safety net systems,” said study leader Dr. Lena Makaroun of the VA Puget Sound Health Care System and the University of Washington in Seattle. ... 
The similarities suggest that for low-wealth individuals, health care or financial benefits alone may not be enough to improve their health trajectory, she added. ... 
Disability was defined as any difficulty in performing activities of daily living, such as dressing, eating and bathing. ...
     I think there may be one important explanation that apparently wasn't considered by the study's authors. People become poorer because they're sicker. Sickness limits the ability to work. Even with relatively generous government benefits in England, the ability to accumulate wealth is closely tied to the ability to work. You can't put away much money if you're on the dole.
     By the way, don't think that government healthcare in England pays for everything. It doesn't pay for dental care, for instance. Brits are notorious for having bad teeth. Poor dental care is bad for your general health. Of course, there are plenty of Americans who lack dental care.

Oct 27, 2017

A 50% Tax Encourages People To Work?

We are announcing a demonstration project for the Social Security disability program under title II of the Social Security Act (Act). Under this project, we will modify program rules applied to beneficiaries who work and receive title II disability benefits. We are required to conduct the Promoting Opportunity Demonstration (POD), in compliance with section 823 of the Bipartisan Budget Act (BBA) of 2015. 
In this project, we will test simplified work incentives and use a benefit offset based on earnings as an alternative to rules we currently apply to title II disability beneficiaries who work. Under the benefit offset, we will reduce title II disability benefits by $1 for every $2 that a beneficiary earns above a certain threshold. 
We will select beneficiaries and offer them the opportunity to volunteer for the project . When we make the selection, we will include beneficiaries who receive title II disability benefits only as well as beneficiaries who receive both title II disability benefits and Supplemental Security Income (SSI) based on disability or blindness under title XVI of the Act.
     This amounts to a 50% tax on earnings on top of the regular taxes the worker is already paying. This is supposed to encourage people to work?
     In any case, it won't matter what incentives they give; few of these disabled people have the capacity to do any significant amount of work. They're too sick. That's why their disability claims were approved. Getting approved is very tough. They're not going to get better. Almost all the people who had a realistic hope of getting better never got on benefits in the first place because of the one year duration requirement. If you haven't gotten better after a year, you're probably never going to get better.
     By the way, the abbreviation POD already has an established meaning at Social Security -- Period Of Disability. I wish they wouldn't try to use that for something else related to disability benefits. It's confusing.

How Much Does Motherhood Cost Women In Social Security Benefits?

     A new study by Matthew Rutledge, Alice Zulkarnain and Sara King reports that:
  • The lifetime earnings of mothers with one child are 28 percent less than the earnings of childless women, all else equal, and each additional child lowers lifetime earnings by another 3 percent.
  • When examining Social Security benefits, the motherhood penalty is smaller than the earnings penalty. But mothers with one child still receive 16 percent less in benefits than non-mothers, and each additional child reduces benefits by another 2 percent.
  • The motherhood penalty is almost negligible among women receiving spousal benefits, but mothers who receive benefits on only their own earnings histories see significantly lower Social Security income.

Oct 26, 2017

Over $1 Trillion In Social Security Benefits Paid In FY 2017

     Social Security benefits paid more than one trillion dollars in fiscal year 2017. This is the first time that benefits in a fiscal year topped the $1 trillion mark. The 2017 fiscal year ended on September 30, 2017.

Oct 25, 2017

Can Someone Explain This One To Me?

     From an item that the Social Security Administration published in the Federal Register today:
We are republishing SSR [Social Security Ruling] 16–3p, a ruling that rescinded and superseded SSR 96–7p, with a revision detailing how we apply the SSR as it relates to the applicable date. We changed our terminology from ‘‘effective date’’ to ‘‘applicable date’’ based on guidance from the Office of the Federal Register. ...
This SSR, republished in its entirety, includes a revision to clarify that our adjudicators will apply SSR 16–3p when we make determinations and decisions on or after March 28, 2016. When a Federal court reviews our final decision in a claim, we also explain that we expect the court to review the decision using the rules that were in effect at the time we issued the decision under review. If a court remands a claim for further proceedings after the applicable date of the ruling (March 28, 2016), we will apply SSR 16–3p to the entire period in the decision we make after the court’s remand. ...
     Update: When I posted this, I expected that someone would quickly step up to explain the reason this has been published. I figured there had to be some important point that Social Security wanted to make that was just eluding me. So far, no one has stepped up to explain this. Maybe a lot of other people are mystified by this. I think it mostly has to do with federal court but I don't see how it's going to help the agency.

Oct 24, 2017

To Hell With The Third Way

     The Atlantic may not be an important shaper of opinion among Democrats but this piece is the most convincing of several I've read saying that a major problem for Democrats in 2016 was a perceived lack of conviction caused by listening too much to the Third Way, a group heavily supported by Wall Street interests and country club Democrats, which has counseled Democrats  to support a "centrist" way, even asking Democrats to be open to cutting Social Security. While Hillary Clinton does have convictions, she didn't campaign that way. Neither did most other Democratic candidates apart from Bernie Sanders. For his part, Trump projected conviction even though he seems to have no true convictions unless you count greed and arrogance. There are strong signs that Democratic candidates are eager to avoid repeating the mistake of standing for little.
     I write about this because aggressively supporting increases in Social Security benefits would be an excellent way for Democrats to show conviction in 2018. Whether they make it a centerpiece of their 2018 campaign or not, it's clear that if Democrats win in 2018, there's going to be a dramatically different atmosphere in Washington and that will affect Social Security. If nothing else, Democratic leaders won't be suggesting any openness to Social Security "reform" in the foreseeable future.  If you support that, you're not a Democrat. The Third Way may have money but it doesn't have votes and, in the end, votes are what matter.

Oct 23, 2017

Why So Little Attention To Retiree Fraud?

     I don't bother to post about it since the stories are repetitive and boring but Social Security prosecutes a number of people each year for disability benefits fraud. It's usually recipients who failed to report under the table earnings. In comparison to the number of people drawing benefits it's a small number.
     I never hear anything about another similar type of Social Security fraud, one that I'm pretty sure happens regularly. It may even happen at the same rate as that of disability recipients hiding earnings. That's early retiree fraud. We don't have a retirement earnings test for those over full retirement age, currently 66, but we do for those between 62 and 66. Retirement benefits for people in this age group are subject to reduction due to earnings. There are many, many retirees between 62 and 66. Surely, some of them are working under the table and drawing retirement benefits they're not entitled to.
     Is Social Security making any effort to root out retiree benefit fraud?  The only retirement benefit fraud I ever hear about is concealing a death and continuing to collect the decedent's benefits. That can't be the only fraud going on.
    Why all the attention to disability recipients and little or no attention to retiree benefit fraud? Why single out disability recipients?

Oct 22, 2017

Do Media Pieces On The Hearing Backlog At Social Security Even Matter?

 Another day, another media piece on the hearing backlog at Social Security, this one with an interview of former Social Security Commissioner Michael Astrue.

Oct 21, 2017

Yuck!

     From WAFF in Huntsville, AL:
Bed bugs inside Huntsville's Social Security office on Research Dr. have forced it to shut down for the second time in two weeks.
Regional communications director Patti Patterson [said] a pest control company first confirmed signs of bed bugs on Oct. 11. She said it was in an isolated area in the reception area in the 13,000 square foot building.
Patterson also said that area was tested and treated, but a pest control company again confirmed signs of bed bugs in the same area on Thursday. The area is being treated and tested again. ...

Oct 20, 2017

Starving Social Security

     From Michael Hiltzik writing for the Los Angeles Times:
Since they’ve been unsuccessful (thus far) at cutting Social Security benefits, congressional Republicans are continuing to resort to the backdoor assault on the program by starving its administrative budget. In the latest versions of the agency’s budget under consideration in Washington, the House is planning to keep the budget at the same inadequate funding level as the current year. The ever more ambitious Senate is trying to cut it by $400 million, or nearly 4%.
To retirees, near-retirees, and disability applicants the effects aren’t invisible. They show up in deteriorating customer service at every level. ...
The sole area of long-term growth in the budget has been a separate appropriation for “integrity funding,” which essentially means ferreting out waste, fraud, and abuse in the disability program, a favorite Congressional hobby horse. That line item has grown to about $1.7 billion (in the budget proposals of President Trump, the House, and the Senate) from an inflation-adjusted $871 million in fiscal 2010 ...
Whether that search for fraud is worth the money is hard to gauge, since the level of improper payment in Social Security disability has been estimated at less than 1%, with underpayment a bigger problem than overpayment. A far greater impact on disability applicants is the record backlog. The Social Security Administration has been struggling with that issue for nearly two decades, but has been unable to get a handle on it consistently because of Congressional budget cuts. The backlog came down sharply from fiscal 2008 through fiscal 2012, a period in which the average wait time for a disability decision fell from more than 500 days to 350 days, the first time the wait had been less than a year since 2003.
Since 2012, wait times have again climbed steeply, as a surge of applicants during the recession combined with an inability to hire disability judges and support staff. The average wait time is back up to 626 days. ...

Oct 19, 2017

I Hate This Kind Of Story

     From ABC News:
Dean Otto of Charlotte, North Carolina, was riding his bike one humid morning in September 2016 when the unimaginable occurred: The husband, father and marathoner was struck by a truck.
His spine was fractured. His pelvis, tailbone and ribs were broken. And he could not feel his legs.
After surgery, Otto's surgeon Dr. Matt McGirt gave him a 1 percent to 2 percent chance of ever walking on his own again. 
But, after months of grueling physical therapy, Otto was taking his first steps with the help of a walker. Slowly, he picked up speed, eventually climbing stairs and then running.  ...
During Otto's rehabilitation, he was also visited in the hospital by Will Huffman, the driver of the truck. The two became friends.
Otto said today that forgiveness had been key to his recovery.
"To be able to forgive Will immediately after the accident has been paramount in my positive attitude, in my recovery from this terrible accident," he said. ...
Eventually, Otto invited Huffman and McGirt, with whom he'd formed a friendship as well, to run a half-marathon with him. Neither men had run in years but felt motivated by Otto's perseverance. 
On Sept. 24, a year to the day of the accident, the three completed the Napa Half Marathon in California. ...
     I'm glad that Mr. Otto recovered but I hate this kind of story. Mr. Otto's hard work and good attitude may have been some help in his recovery but mostly he just got lucky or, perhaps, his surgeon was a poor prognosticator. What about all the other people who suffer severe injuries and never recover? Is it because they didn't work as hard at recovery as Mr. Otto or because they weren't brave enough or because they lacked the grace that Mr. Otto showed in befriending the man responsible for his injury?
     We like hearing stories like Mr. Otto's because we want to believe that if we suffer some terrible injury that our courage and hard work and the grace of God will allow us to recover but we're wrong. Whether we recover mostly has to do with the nature of our injury rather than factors attributable to ourselves. We'd like to believe that we can control what happens but we can't.
     The instinct to believe that we can recover from injury or illness is a  real problem for those who suddenly become disabled. People think recovery is right around the corner despite strong signs that they're not recovering. They fail to take appropriate action to try to secure an income for themselves -- applying for Social Security disability benefits -- even as their financial situation rapidly deteriorates. They regard themselves as failures when they finally have to concede that they aren't recovering. Why can't they transcend their injuries like Mr. Otto did? What "right stuff" did he have that they lack? This sense of failure contributes to depression which compounds the disability they suffer. Mr. Otto's story may seem inspirational but it's a positive menace to many people who have suffered serious injury.
    Stories like Mr. Otto's also lead many people to believe that most who receive Social Security disability benefits aren't truly disabled, that they're people who could have transcended their injuries or illnesses and continued working if they really wanted to. If Mr. Otto could do it, why can't anyone? Disability isn't a real thing; it's just a lack of courage and hard work. If we have any type of disability benefits, it should only be for the most severely disabled because we don't want a bunch of lazy people abusing the system. Stories like Mr. Otto's are part of the reason why we got to the incredibly harsh system of disability benefits we have now.
     By the way, in case Mr. Otto or some member of his family happens to read this, I'm not blaming you, for goodness sake. You're not the problem. The problem is everyone's very human but still pathetic urge to believe that we can overcome all injuries and illnesses when that's just not true.