Waiting In Utah

Fox News 13 in Utah is running a piece on Social Sacecurity disability backlogs in Utah.

Elliptical Answers

Commissioner Astrue testified before the House Social Security Subcommittee back in March. He later provided some written responses to the Subcommittee which have now been posted online. There is much that I find of interest. Here are a couple of important questions and answers. Would you say that the Commissioner was completely forthcoming?

You stated in your testimony that by the end of the current year, the ALJ-to-staff ratio in SSA’s hearing offices will be 4.5 to 1. However, some have suggested that the ratio should be higher – as high as 5.25 to 1 – especially given the importance of working down the backlog quickly. Do you agree that hearing office productivity could be increased if the ALJ-to-staff ratio were higher than 4.5 to 1?

Because of the economic downturn, we are seeing an increase in the number of initial disability applications filed, which will ultimately lead to more requests for hearings. In addition to improving our business process and productivity, we will need more administrative law judges (ALJs) and staff to support them to process the projected increase in receipts.

However, it is not simply the number of staff in a hearing office that determines the most efficient hearing office composition, it is also the mix of employees in the particular office. We believe that, as long as we can provide the right combination of job functions, a ratio of 4.5 support staff – such as case pullers and decision writers – for each ALJ will allow us to continue reducing the backlog. Our goal for this year and into the next is to ensure that all offices have the most efficient mix of staff needed to support the ALJs. The American Recovery and Reinvestment Act (ARRA) funding will help us hire these critical additional support staff.

With the right mix of critical support staff and the addition of 148 new ALJs whom we are hiring this month, we anticipate seeing an accelerating decrease in the disability hearings backlog. The number of pending hearings has dropped five months in a row and is down for the year, and we should be able to continue to make progress even in the face of the current economic downturn.

Your timely support of the President's FY 2010 budget will enable us to hire ALJs and hearing office support staff earlier in the fiscal year, which will allow these new employees to complete training and become productive in processing workloads earlier in the fiscal year. ...

How many full-time equivalents (FTEs), in addition to current staffing levels, would be required in the Field Offices to address all their responsibilities? To reach these staffing levels how many more FTEs would the Field Offices require above the level of hiring that you are planning for FY 2009? How many hires above replacement level would the Field Offices receive if SSA is funded at the full FY 2010 President’s Budget request of $11.6 billion? Will you be able to place additional employees in every Field Office nationwide?

In FY 2009, we will hire over 6,000 new employees between March and the end of this fiscal year, replacing all staffing losses and adding critical new positions. We will assign the majority of these new employees to our front-line operations, where they will directly assist the American public. Although these new employees will help us improve the overall level of service, we will have a backlog of approximately 900 work years in post-entitlement work in FY 2009, i.e., actions we take after a claimant is awarded such as changes of address, stewardship reviews, etc.

If we are funded at the full FY 2010 President’s Budget, we will hire approximately 5,800 employees in FY 2010, replacing all staffing losses and filling 1,300 new positions, with the majority of the hires working in front-line positions. We will add 600 new workers in the DDSs and add about 700 new employees in the hearings offices. We will place these employees in the offices with the greatest need. Most field offices have received or will be adding additional staff, but not all will, due to changes in workloads, real estate constraints, and other issues.

There is more from the Commissioner in his answers to the Minority members and staff of the Subcommittee.

Astrue Finds "Callous Kumbaya Attitude" Beyond Comprehension

From Government Executive:

According to [Social Security Commissioner Michael] Astrue and other experts on disability claims, the faltering economy is causing an increase in applications of between 15 percent and 25 percent. SSA originally anticipated receiving 2.6 million to 2.65 million applications for disability benefits in fiscal 2009, but upped its prediction to 3 million and another 3 million for 2010. Recently, the agency adjusted its estimates again, increasing the projection for 2010 to 3.3 million applications. ...

Astrue says the agency has been making inroads, reducing processing times by 4 percent each of the past two years. The recession, however, has reversed the progress on the backlog of cases. At the beginning of 2009, SSA had 550,000 cases pending at the state level. The state-run SSA-funded Disability Determination Services do much of the initial processing and eligibility determination for applicants. The number of claims pending at the state level, which does not account for applications at other stages of adjudication, is now up to 725,000. ...

"We've been stymied at the state level," Astrue says. "There's this callous 'Kumbaya' attitude that if there's going to be pain, everyone has to suffer. For me, it's beyond comprehension that you would make a civil service suffer unnecessarily and make claimants in desperate need of assistance wait much longer than they otherwise would." ...

Astrue says having that budget in place by the start of the fiscal year would be a tremendous benefit to the agency.

"There's a possibility - I don't even know the last time this happened - that we could have an appropriation by the start of the fiscal year," he says. "For planning purposes, being able to plan for the full fiscal year is enormous; we should be able to deliver much more use to the public."

I might not have used the word "kumbaya" in discussing the matter but I too find the state government furloughs of Disability Determination employees beyond comprehension.

By the way, I'm still not buying that the increase in claims filed has that much to do with the recession. My understanding is that the huge increase in claims filed did not start until after the inauguration of Barack Obama. I think this has far more to do with public perceptions about the adjudicative climate at Social Security.

Another GAO Report

From Social Security Disability: Additional Performance Measures and Better Cost Estimates Could Help Improve SSA's Efforts to Eliminate Its Hearing Backlog, a report issued by the Government Accountability Office (GAO):

SSA’s Plan should help the agency reduce its hearings-level backlog, but the likelihood that SSA will eliminate the backlog within its projected time-frame depends on the extent to which SSA’s assumptions for improved administrative law judge (ALJ) hiring, availability, and productivity are achieved in practice. Both SSA and GAO believe that the agency has about a 78 percent chance of eliminating the backlog, that is, reducing the number of hearings-level pending claims below 466,000 claims, by the end of fiscal year 2013—SSA’s target date—if those assumptions are fully realized. However, SSA’s assumptions project higher levels of performance achieved than recent experience—from fiscal year 2008 to April 2009. ALJ productivity improvements are especially important to SSA’s reaching its goal. The likelihood that SSA will eliminate the backlog by its target date changes under different scenarios for achieving its ALJ hiring, availability, and productivity goals. If SSA achieves its average ALJ productivity, but not its ALJ hiring and availability goals, GAO estimated that SSA’s chances are reduced from about 78 percent to about 53 percent. Conversely, if SSA achieves its goals for ALJ hiring and availability, but not for average productivity, its chances are about 34 percent. If SSA is unable to achieve any of its ALJ workforce and performance goals, the likelihood of the agency eliminating the hearings-level backlog by its target date drops to about 14 percent.

GAO is foolish enough to think that the chances of reducing the backlogs can be reduced to percentages and that Social Security's projections of productivity gains have a relationship to reality. It has seemed clear to me for many years that Social Security figures out how much budget it can expect to get and how many people it can hire and then works backwards to figure out how much productivity it needs to project to meet some abstract backlog goal.

ODAR Processing Time Report

The National Organization of Social Security Claimants Representatives (NOSSCR) has obtained the report reproduced here on backlogs at Social Security's Office of Disability Adjudication and Review (ODAR -- I still hate this name and abbreviation). Click on each thumbnail to see it full size.

Here are some historical numbers to help put this in perspective.

• January 25, 2007 -- 508 days
• May 25, 2007 -- 523 days
• July 28, 2007 -- 528 days
• August 31, 2007 -- 523 days
• November 30, 2007 -- 500 days
• February 29, 2008 -- 511 days
• May 30, 2008 -- 523 days
• June 27, 2008 -- 529 days
• July 31, 2008 -- 530 days
  
• September 3, 2008 -- 532 days
• November 5, 2008 -- 476 days
  
• December 3, 2008 -- 480 days
• March 8, 2009 -- 499 days
• April 24, 2009 -- 505 days
• June 3, 2009 -- 505 days
• June 29, 2009 -- 495 days
• July 31, 2009 -- 494 days
  

Backlogs Soar At Initial Level

Courtesy of the National Organization of Social Security Claimants Representatives (NOSSCR) here are stats on Disability Determination Service backlogs. Click on the thumbnail to see it full size.

The picture is ugly, even eye popping. The national backlog of cases at the initial level is up 37.7% over a year ago. Every state but two has increased backlogs.

As Social Security makes a very slow start on reducing the backlog of cases awaiting a hearing, another bigger backlog opens up at the initial level. Very discouraging.

Slow Progress At ODAR

I received this from a reader:

Deputy Commissioner's Broadcast

Date: September 8, 2009

Disability backlog goes down eight months in a row -- internal goal of exceeding budgeted pending by 20,000 cases already met

Even during the traditionally slow month of August you have again managed to reduce the disability backlog -- now eight remarkable months in a row. This past month, you exceeded the disposition target by 3,633 cases by processing 56,332 dispositions. Our pending is currently at 734,199 cases below the FY 2009 opening pending -- which means we have already exceeded our end of year goal by over 20,000 cases.

Reducing the most aged cases continues to be an ODAR success story -- just over 3,000 of the 850 day old cases remain to process by the end of the fiscal year
For those Americans who have waited the longest for a decision from us, you have processed nearly all of the cases that are 850 days old or more, leaving just 3,201 aged cases to process by the end of September (see chart on next page [which I did not receive]).

Productivity is even better than last year

Other than a slight dip in April, we are seeing more productivity in clearing cases this year than last. Most notable is that in August 2008 the disposition per day rate was 2.15, compared to 2.54 at the end of last month (August 2009) - an 18% increase in productivity.

Improved integration of disability process with Operations

On August 21, Operations sent out an Administrative Message (AM) stating, in essence, that the DDS standard for reconsiderations is the same as review by ALJs - a de novo review. This message also included reminders about developing and documenting vocational factors. By emphasizing de novo review as the standard for reconsideration, we hope more allowances will be made at this earlier level. This is to ensure that claimants receive the right decision as early as possible in our disability process. The full AM can be viewed at http://policynet.ba.ssa.gov/reference.nsf/links/08212009013330PM.

More ALJs and support staff are coming on board - OPM Director swears in new ALJs

On August 27, our second new class of 72 ALJs was sworn-in at the Congressional Auditorium of the U.S. Capitol in Washington, D.C. The U.S. Office of Personnel Management Director, John Berry, delivered the keynote address.

In addition to hiring 148 ALJs and 850 support staff by the end of June, we are well on our way to hiring at least 348 additional staff in the field and at ODAR headquarters by the end of the fiscal year.

Regional Reorganization

In order to provide better service to the American people by making better and faster decisions, the reorganization of ODAR headquarters will take effect in October. We are also reviewing the ODAR Regional Office structure. We expect to implement the regional office reorganization during FY 2010.

You are all doing a great job - and please know that you make an important difference in people's lives every day. We are on a good path for reducing the disability backlog by 2013. Due to the recession and because we continue to be in the disability prone years of the baby boomers, we know that FY 2010 and FY 2011 are going to be difficult years. However, please know that all of our hiring and space expansion activities this year have been in preparation for this coming bulge.

I hope you all had a wonderful Labor Day Weekend.

/s/
David V. Foster
Deputy Commissioner

Raise Corn And Raise Hell Iowans!

An editorial from the Des Moines Register:

According to a recent Des Moines Sunday Register investigation by reporter Clark Kauffman, Iowans wait an average of 541 days - about a month longer than the national average - to bring their cases before a Social Security judge for a hearing.

A massive backlog of unresolved disability claims at the Social Security Administration has contributed to Iowans being subjected to stress and difficulties. One disabled Iowan has been living in a storage garage while he waits for help. ...

A recent Government Accountability Office report determined 1.5 million disability claims nationwide "were awaiting a determination" in 2006. One of the main reasons: reduced staffing.

More staff working on disability claims are needed - including staff at "the hearing level" where the GAO says the greatest backlog of claims exists.

The Social Security office in West Des Moines handles most claims for Iowa. Individual judges are trying to move cases through the system by hearing 70 or 80 cases a month, as opposed to their usual 50 to 60 cases. The risk is applicants not getting fair and complete hearings.

And from another editorial in the same issue of the Des Moines Register:

Current law requires most people to wait two years - after they're eligible for Social Security Disability Insurance - to enroll in Medicare, the federal health insurance program.

Congress should eliminate the 24-month waiting period for disabled people needing Medicare coverage. Lawmakers are in the midst of crafting health-care reform legislation, and helping disabled Americans get insurance coverage makes sense.

According to the Congressional Budget Office, studies show as many as one-third of people deemed disabled by Social Security are uninsured, and these individuals have limited access to health services.

Eliminating the waiting period will cost money - an estimated $113 billion from 2010 to 2019, according to the CBO. Disabled people are obviously sick and will use more health services. But if they have access to health care, they may be able to return to work - and get off Social Security.

NPR Story On Delays

National Public Radio has a story today on delays in adjudicating Social Security disability claims.

Astrue: Agency "Moving Backwards"

From the Des Moines Register:

Todd Lindberg has lived for a year and a half in a storage garage in northwest Des Moines. He sleeps on a well-worn couch in a dark corner of the building, amid construction equipment, tools and snowmobiles.

With most of one foot amputated and part of the other missing, he qualifies for federal disability benefits that would pay for an apartment and groceries.

But getting those benefits is not easy.

A massive backlog of unresolved disability claims at the Social Security Administration has kept Lindberg and millions of others waiting years for benefits they earned while in the work force. The delays have led to splintered families, foreclosed homes and suicides.

Last year, a 49-year-old Missouri truck driver died in the lobby of a Social Security office while waiting to be called into the office for a hearing on his three-year-old claim for benefits. During the past year, the number of people waiting to have their claims processed has increased more than 30 percent, from 556,000 to more than 736,000. The head of the Social Security Administration, Michael Astrue, has acknowledged that the situation might soon get worse. The agency is "moving backwards" in its efforts to keep pace with a recession-driven influx of new claims, he said. ...

Social Security's West Des Moines hearing office handles most of the cases from Iowa. Individual judges there have tried to catch up on their workload by hearing 70 to 80 cases each month, as opposed to their usual 50 to 60 cases.

"That's too many cases," said Denzel Busick, the office's chief administrative law judge. "We can do that for a while," he said, "but you wouldn't want us doing that on a sustained basis because, as a judge, you start to think, 'What am I forgetting here? What am I overlooking?' ...

There is almost universal agreement about the cause of the disability backlog: Funding and staffing levels at the Social Security Administration have gradually dropped to their lowest levels since 1972, while the number of Americans applying for disability benefits has increased. Early this year, the number of unresolved cases was declining, but the economic crisis is making things worse: As the job market tightens, people with limited abilities have fewer job opportunities.

But in a sidebar, we get the traditional Republican response that Social Security must reorganize its way out of the backlogs:

U.S. Sen. Charles Grassley said he is not sure additional spending by the Social Security Administration would help reduce the backlog. He said the agency needs to change its structure, in part by fast-tracking initial decisions on claims, improving the productivity of judges and transitioning to electronic record keeping."More money can't solve all of the problems," Grassley said. "You can never satisfy these bureaucracies if you always accept the excuse that they need more money."

No More Corners To Cut

From the Las Vegas Sun:

The Social Security Administration is being slammed by a surge in disability and retirement claims that is threatening to shortchange applicants and cripple a system that, even before the downturn, was starved for resources.

To cope with the growing tsunami, the agency is putting pressure on its ranks of administrative law judges, both here and nationally, to clear a massive backlog of disability appeals cases. But the union representing those judges says the hearing officers are overworked — and that some, under threat of disciplinary action, have been cutting procedural corners to hit the agency’s mandate of 500 to 700 cases a year.

Since October, the number of people waiting to have a claim processed has jumped more than 30 percent, from about 556,000 to 736,000 last month. Although most of those initial claims will be denied, many will end up before an administrative law judge on appeal. Nearly 750,000 people are waiting for a hearing before overwhelmed judges.

“No one ever says, ‘do a sloppy job,’ ” said Marilyn Zahm, executive vice president of the Association of Administrative Law Judges. “But to pretend you can keep pumping out decision after decision and spend the requisite amount of time on each case is foolish. That’s shortchanging people, and the system will lack integrity if you do not require everyone to do a good job.” ...

“Corners are being cut in order to accommodate a backlog and at the end of the day everyone is going to suffer,” she said. “People have a right to expect due process ... At a certain point, no more corners can be cut.” ...

“Hearings are being shortened, not all information in the file is being reviewed, not all medical reports are being obtained, and full and legally defensible decisions may not be rendered, either because due consideration hasn’t been given or the decision is poorly written,” she said. “When people have too much work to do in the amount of time allotted to do it, you get sloppy work.”

27% Jump In Disability Claims This Year

This is the day for interesting statistics to jump out at me from mundane articles. Information Week has an article on Social Security's plans for accessing electronic medical records. The article contains no news until you get to the fifth paragraph where unnamed Social Security officials are reported to have said that the agency expects a 27% increase in the number of disability claims filed this fiscal year. We are nearing the end of the fiscal year so this projection will probably turn out to be fairly accurate. Previously, the agency had been projecting a 40% increase in disability claims for this fiscal year, so this may be an improvement. However, the article talks of 3.3 million claims this year, which is the same number that Social Security had been talking about earlier. I do not know why this is reported as a 27% increase at one time and a 40% increase at another time.

OIG Says ODAR Will Meet Its Goals -- If ...

From a recent report by Social Security's Office of Inspector General (OIG):

At the end of May 2009, over 750,000 hearings were pending in ODAR [Office of Disability Adjudication and Review], and the average processing time was 494 days. As outlined in its Fiscal Year (FY) 2008 2013 Strategic Plan, the Social Security Administration (SSA) plans to reduce the number of pending hearings to a desired level of 466,000 and the average processing time to 270 days by FY 2013. According to SSA, a pending level of 466,000 hearings ensures a sufficient number of cases to maximize the efficiency of the hearings process.

The Acting Deputy Commissioner of SSA asked that we evaluate the impact of ODAR's current MI [Management Information] and ODAR's proposals on its ability to reduce the backlog to the desired pending level. To address his request, we examined the workload ODAR would need to complete to process projected hearing requests and reduce the backlog to the desired pending level by FY 2013; identified MI currently available for officials to manage ODAR's workload, any reported shortfalls in available MI, and any reported shortfalls in the use of the MI to manage effectively; and reviewed ODAR's proposals, along with their potential impact on (1) addressing any shortfalls in ODAR's existing MI and (2) the likelihood SSA will meet its goal of reducing the backlog to the desired pending level by FY 2013. ...

Regardless of whether the FY 2010 proposals are approved, it appears SSA will achieve the desired pending hearings level by FY 2013 based on the currently projected level of receipts. Specifically, if SSA follows its current administrative law judge (ALJ) hiring plan and the current average ALJ productivity level remains constant, ODAR's pending hearing level should fall below 466,000. However, the timing of ALJ hiring will impact ODAR's ability to achieve this desired pending level. Therefore, SSA should continue to work with the Office of Personnel Management (OPM) to ensure ALJs are hired within the planned time frames.

Note that the goals can be achieved if Social Security's current projections of future receipts are accurate. However, we know that those projections are wildly inaccurate. Social Security is seeing a flood of new disability claims. Even if the projections are accurate, the backlog condition that Social Security is seeking to achieve, nine months, is far worse than what Social Security used to find acceptable.

Hearing Backlog Reduction Update Booklets

The Social Security Administration has produced a series of booklets, one for just about every state, showing the state of the backlog of requests for hearing for each state. The booklets discuss efforts to reduce the backlog, both nationally and at the state level.

Disability Claims Surging

The Associated Press reports that Social Security is expecting a wave of disability claims in coming months. The agency now expects 3.3 million new disability claims in the next year, an estimate that went up from 3 million in just the last five months. The number of people awaiting an initial determination on a disability claim has gone up from 556,000 to 736,000 over the last eight months.

Update: A Scripps story on the same topic says that Social Security is expecting 40% more disability claims this year than last.

Tales Of Woe In Tidewater Virginia

From the Newport News Daily Press:

Last week's column about a Newport News woman denied Social Security benefits after she was disabled by brain surgery struck a nerve.

"My husband was severely injured when he fell 30 feet off a roof," wrote a reader named Cheryl. "He was unable to work for six years. ...

"It was VERY obvious he could not work. ... We applied for Social Security disability and (were) outright denied. It was unbelievable."...

I've seen it too often, too: People debilitatingly ill or badly injured trying to wrest disability payments from a system that seems hell-bent on hanging on to every dime.

For years I've heard of initial claims routinely denied. That you need a lawyer to get any traction on appeal. That the third time's a charm. ...

If you qualify for federal disability, you should get it first time out of the gate. Approval shouldn't hang on an uncrossed T or undotted I.

You shouldn't have to wait years for final approval. Or have to pay 25 percent of your retroactive benefits — standard nowadays — to a lawyer or professional claims company just to get what's rightfully yours. ...

As the population ages and the economy worsens, the system is more backlogged. About 7.5 million Americans are drawing federal disability today — more than twice the number in 1990. Meanwhile, the number of staffers to process 3 million new claims every year has dropped by about 5 percent. ...

You have to wait five months just to apply. Then the average wait nationwide for a decision is three to six months. The first appeal will take another four to six months. The final appeal will take another 505 days — almost 17 months. ...

Average Processing Time At Hearing Offices

Here is the most recent report on average processing times at Social Security's hearing offices. Click on each image to see it full size.

Compare the average processing time as it has changed over time:

• January 25, 2007 -- 508 days
• May 25, 2007 -- 523 days
• July 28, 2007 -- 528 days
• August 31, 2007 -- 523 days
• November 30, 2007 -- 500 days
• February 29, 2008 -- 511 days
• May 30, 2008 -- 523 days
• June 27, 2008 -- 529 days
• July 31, 2008 -- 530 days
  
• September 3, 2008 -- 532 days
• November 5, 2008 -- 476 days
  
• December 3, 2008 -- 480 days
• March 8, 2009 -- 499 days
• April 24, 2009 -- 505 days
• June 3, 2009 -- 505 days
• June 29, 2009 -- 495 days
  

Social Security Explanation Of Phoenix Conference

The Social Security Administration has prepared an explanation of the recent Regional Management Training Forum it held at the Arizona Biltmore Hotel in Phoenix. It is obvious that Social Security obtained an extraordinarily good deal from the hotel. I did not see an explanation of the motivational dance troupe, but that may have been covered in an attachment that is not available to me.

My problem with this meeting is not where it was held, but whether it should have been held at all. It would not have been much cheaper for the meeting participants to have stayed at a Motel 6 while meeting at Social Security's Western Program Service Center in Richmond, California. The problem I have is whether the meeting should have been held at all at a time when Social Security's field offices cannot answer their telephones. Does Social Security management understand the severity of the staffing problems at its field offices?

Startling Numbers On DDS Backlogs

Courtesy of the National Organization of Social Security Claimants Representatives (NOSSCR) here are some numbers on backlogs at the Disability Determination Services (DDS) which make decisions at the initial and reconsideration levels on Social Security disability claims. The increases in receipts and backlogs are startling. I cannot understand the dramatic differences in new receipts between the states. Certainly, differences in unemployment rates do not explain what is going on.

Hearing Backlog Report

Courtesy of the National Organization of Social Security Claimants Representatives (NOSSCR) here is the most recent report on average processing times at Social Security's hearing offices. Click on each image to see it full size.

Compare the average processing time as it has changed over time:

• January 25, 2007 -- 508 days
• May 25, 2007 -- 523 days
• July 28, 2007 -- 528 days
• August 31, 2007 -- 523 days
• November 30, 2007 -- 500 days
• February 29, 2008 -- 511 days
• May 30, 2008 -- 523 days
• June 27, 2008 -- 529 days
• July 31, 2008 -- 530 days
  
• September 3, 2008 -- 532 days
• November 5, 2008 -- 476 days
  
• December 3, 2008 -- 480 days
• March 8, 2009 -- 499 days
• April 24, 2009 -- 505 days
• June 3, 2009 -- 505 days
  

Update: There is an error in the document provided by NOSSCR. The offices ranked 1-59 were not reproduced, but the offices ranked 60-188 were repeated. I am sorry, but I am dependent upon what NOSSCR supplies.

Further update: NOSSCR was kind enough to supply me with the correct first page. I have posted it above.