CCD Comments On SSI iClaims

     The Coalition For Constituents With Disablities (CCD), the major umbrella organization of non-profits who help the disabled, has sent comments to the Social Security Administration on its plan to allow electronically filed claims for Supplemental Security Income. Here are a few excerpts:

.. We would like to express our general support for SSA’s efforts. For too long, there has been an unnecessary divide between SSI and SSDI claimants. SSDI claimants could complete their applications for benefits completely online, while SSI claimants were subjected to long wait times at Field Offices, or over the phone, to complete an application for benefits.

The process for applying for SSI is labyrinthine and confusing. Our members seeking SSI report often being met by well-meaning, but overworked employees prone to misunderstandings and mistakes. Further, SSI recipients are among the most at-risk members of society, and SSI benefits are often their families’ only source of cash available to pay for shelter and other necessities.  ...

The proposed request indicates that third-party assisters may use iClaim to apply for an applicant. It also indicates that after a third-party assister completes the application, the applicant will be required to either physically sign the application, or verbally attest to its contents telephonically. However, if a claimant is using the online system to provide this information, it seems unnecessary to require either a wet signature or verbal attestation by an employee. In our experience, claimants are still having difficulty receiving mail, particularly in poorer areas. Further, requiring SSA employees to call claimants also adds an extra, unnecessary burden on employees. SSA should explore allowing claimants to sign their application at a later time and complete an e-signature. ...

The proposed request notes that “iClaim uses dynamic pathing, which ensures claimants are only asked to complete the questions that are relevant to them.” In principle, this seems to be a positive development. We commend SSA’s goal of ensuring the application process is streamlined as much as possible. That said, SSA should make public how the dynamic pathing process will work. ...

CCD Comments On Proposed Regs

  

   The Consortium for Citizens with Disabilities (CCD), a large umbrella organization of non-profits who aid the disabled, has filed comments on Social Security's proposed changes in its regulations on manner of appearance at hearings. Their most important comment is to oppose changing the default manner of holding hearings from in-person to telephone. Now, if you don't specify, you get an in-person hearing. The proposed regulation would flip that.

CCD On SSI Reform

      The Consortium for Citizens with Disabilities (CCD), the major umbrella group of non-profits concerned with the rights of the disabled, has posted a letter it has sent to Congressional leaders concerning changes in SSI which it desires in the budget reconciliation bill currently being negotiated. The letter may give us an idea of what is in play. It doesn't promote the idea of a major boost in SSI but it does say that:

Some of the President’s commitments are very affordable: increasing the income disregards is only $60 billion over ten years, eliminating the rules prohibiting help from family and friends is only $31 billion, and updating the resource limits is only $8 billion. Other smaller changes we have long supported have negligible costs of under $500 million over ten years (including expanding SSI to the territories, excluding retirement accounts from resources, eliminating dedicated accounts, and other technical changes from the SSI Restoration Act).

Not Much Progress In Solving Covid-19 Problems

     The Coalition for Citizens with Disabilities (CCD), the country's major umbrella group for nonprofits involved in helping the disabled, has tried to get some answers from Social Security on its processes during the Covid-19 pandemic. The agency's answers indicate that not much progress has been made. They're working on it but there are major bottlenecks. It doesn’t help that there were major problems before Covid-19.

     I sometimes think that Social Security is like a team entering a high tech car in the Monte Carlo Grand Prix race with a flat tire. They try to implement sophisticated new technology before solving basic workflow problems.

CCD Letter On Office Closure Problems

     From a letter sent by the Consortium for Citizens with Disabilties (CCD), the major umbrella group of organizations involved in helping those with disabilities, to Social Security Commissioner Andrew Saul:

... Please publish field office phone numbers more prominently. Currently, the national 800 number is in two much more visible spots ... and the local number ... is more difficult to find on the field office locator tool. With wait times on the 800 number exceeding 90 minutes, allowing people to more easily contact their local offices is critical to improving customer service. ...

We have requested, and understand that the Office of Disability Operations is considering, creating a web page on ssa.gov indicating the daily operating status of all state agencies (DDSs). We assume that SSA is already aware of whether DDSs are completely closed, having all employees telework, or operating under a different arrangement; allowing claimants, representatives, advocates, and others to access this information would be helpful as well.With many DDSs completely closed, it is difficult for DDS staff to obtain evidence submitted by mail or fax, and to generate CDs with claimants’ records to inform claimants and their representatives. Unfortunately, SSA has not yet provided claimants or representatives with the ability to view their electronic files or upload evidence electronically. SSA should prioritize these IT modernizations so that the agency can more efficiently process disability claims at the initial and reconsideration levels....

We appreciate that the Office of Disability Operations created an email address for representatives to send documents to the Representative Call Center (RCC). However, it would be useful for SSA to have similar email addresses for representatives to send documents to the Program Service Centers (PSCs) since the RCC email address cannot be used for any other unit or module. The PSCs often need documentation, such as information about workers’ compensation benefits, to effectuate decisions. With field offices closed, it is more important than ever for PSCs to have adequate channels of communications.  ...

OHO issued a Chief Judge’s Bulletin (CJB) regarding procedures during the pandemic on April 3, 2020. However, the Bulletin has not been published with other CJBs at https://secure.ssa.gov/apps10/reference.nsf/instructiontypecode!openview&restricttocategory=CJB. Advocates were told in the same phone call that the April 3 CJB was both too general to be of use to claimants and representatives and too “sensitive” to be publicly released. This strains credulity.  ...

Finally, some representatives have been told that OHO could not send any of the barcodes used as cover sheets when faxing documents to claimants’ electronic files and which contain information used to upload documents electronically. If accurate, OHO must find a way for claimants and representatives to submit evidence, requests for on the record decisions and critical case designation, and other important documents to the claims file. If not, SSA should explain how representatives can request bar codes for cases where they’ve recently been appointed or the ALJ hearing request has just been made. ...

The Appeals Council receives many documents and requests for review by fax; they use actual fax machines rather than a fax-to-computer system, and this is now a problem because the machines are out of paper and their memories appear to be full. We are encouraging claimants and representatives to use SSA’s iAppeals system whenever possible and mail if necessary, but claimants who are unaware of these options may be sending their requests for review into a technological void. We urge you to have the Appeals Council devise a way to accept faxed documents, ideally using a desktop faxing system so that staff do not have to manually load paper into fax machines and scan the faxes they receive. ...

     Isn't it obvious that it's inappropriate for an agency to issue secret instructions to ALJs on how they should handle cases? I don't think there's something nefarious going on here; just the age-old bureaucratic penchant for pointless secretiveness.

SSI Needs Restoration

     The Coalition for Citizens with Disabilities (CCD), the major umbrella group of groups involved with helping the disabilities, has endorsed the Supplemental Security Income Restoration Act, which would update income and resources limits that have not been adjusted for inflation in almost 50 years. That bill can’t pass in the current Senate but next year, maybe.

New CCD Positions

     The Coalition for Citizens with Disabilities (CCD), the major umbrella group of organizations that help the disabled, has issued three recent statements concerning Social Security. CCD opposes the plan to increase the frequency and alter the targeting of continuing disability reviews. CCD supports expanding Supplemental Security Income (SSI) to the U.S. territories of Puerto Rico, Virgin Islands, Guam and Samoa. (By the way, does anyone know the status of litigation on this issue?) CCD supports ending the five month waiting period for Disability Insurance Benefits.

CCD Issues Position Paper On DDS Reform

     The Coalition for Citizens with Disabilities (CCD) is a large umbrella group lobbying and advocating in D.C. for persons with disabilities. The CCD is composed of about 100 organizations helping the disabled population. The CCD was largely ignored when Republicans controlled both houses of Congress and the White House. It becomes more important now that Democrats control the House of Representatives. 

     The CCD has put out a statement on Improving Decision Making at the Disability Determination Services. Here are a few excerpts:

... It is the position of the CCD Social Security Task Force that the state Disability Determination Services (DDS) should only review a claim one time and that the current second level of review they perform, called reconsideration, be eliminated. ...

Although the Task Force does not have a specific recommendation regarding what performance metrics should be for DDS employees, it is the Task Force position that the completeness of the file upon which the decision is based should somehow be included in those metrics. ...

[Social Security should] Consider creating impairment specific explanations and forms that claimants can provide to their physician and other treating sources outlining what information is most helpful to SSA in evaluating the claim and including the types of tests which help establish meeting the listing in question. ...

SSA should review more denials of initial claims. TDRs [Targeted Denial Reviews] allow SSA’s Office of Quality Review (OQR) to examine unfavorable decisions of disability claims issued by state agencies. Fewer than 3 percent of initial level denials receive TDRs; the number performed varies each year based on resources available to the agency. In comparison, Sections 221 (c) and 1633 (e) of the Social Security Act require SSA to review at least half of the favorable decisions issued by state agencies. ...

61,000 Unprocessed Appeals!

     Here is something that I was unaware of from the testimony of Lisa Eckman who is Co-Chair of the Social Security Task Force of the Consortium for Citizens with Disabilities (CCD), an umbrella organization of non-profits involved in helping the disabled, at today's House Social Security Subcommittee:

In March 2015, SSA updated its electronic appeals system. The new system involved a “single submission” practice in which appeals were only processed when applicants completed lengthy forms not required by SSA’s regulations. These additional requirements were poorly communicated, leading to more than 61,000 people filing regulatorily compliant appeals that went unprocessed. SSA decided in early 2018, after several years of advocacy from CCD member organizations and other groups, to re-contact these claimants. Over 28,000 of these appeals are now being processed, some of them several years after they should have been, and more will be processed soon. Although we appreciate SSA’s efforts, we remain concerned that the iAppeals system still requires more information than the regulations require and that SSA has no plans to change this. The agency’s position is that because the paper process complies with regulations, it is acceptable to have an electronic process that violates them. This faulty reasoning deprives tens of thousands of claimants of due process.

Festival of Acronyms: CCD Worried About TTW

     The Coalition for Citizens with Disabilities (CCD) has expressed concern over language in the pending appropriations bill for Social Security concerning the Ticket To Work (TTW) program. The bill would require a report on TTW effectiveness.

     I think there is good reason to question TTW's effectiveness. However, I'm also aware that some Republicans want a more coercive approach to return to work, as in something like time limited disability benefits. That would cause enormous distress for large numbers of very sick people and it wouldn't save money but it wouldn't be all bad. It would create plenty of business for me. There would be lots and lots of people cast off benefits only to get right back on benefits after an appeal or two.

SSA Wants To Get Program Uniformity Rules Finalized Before Change Of Administration

     Social Security has sent a final version of the proposed regulations they've titled Ensuring Program Uniformity at the Hearing and Appeals Council Levels of the Administrative Review Process to the Office of Management and Budget (OMB) for final approval before publishing them as final rules. The Coalition for Citizens with Disabilities (CCD) has opposed these rules because of their harsh effects.

     I'm surprised that this is being done so late. Typically a new President suspends not just ongoing regulatory actions but new rules that have been finalized but which have not yet gone into effect. Since Social Security has to give at least 30 days notice before a final rule goes into effect, OMB has little time to act on this proposal.

     By the way, if you were going to rush something through, why wouldn't you rush through the proposal to prevent claimants who need a representative payee from buying guns?

CCD Opposes NPRM On Medical Evidence

     The Coalition for Citizens with Disabilities (CCD), the largest umbrella group of organizations involved in advocating for persons with disabilities, has submitted comments on Social Security's Notice of Proposed Rule-Making (NPRM) on ensuring program uniformity at Social Security. CCD opposes the changes for these reasons (which are elaborated on in the CCD letter):

1. Creating an arbitrary deadline for the submission of evidence is inconsistent with the statutory and regulatory duties of the Commissioner to fully develop the record and inconsistent with the duties of claimants to submit all evidence as required in 20 C.F.R. §404.1512 and §416.912.

2. Excluding material evidence is administratively inefficient and will increase appeals to the Appeals Council and to federal court.

3. The proposed rule ignores the reality that testimony, and sometimes new evidence, is routinely introduced at or after ALJ hearings, and claimants and representatives need the opportunity to respond.

4. Serious problems and inconsistencies exist with the implementation of the 5 business day rule in Region I.

CCD Endorsed increase In Fee Cap

     The Coalition for Citizens with Disabilities (CCD), the major umbrella organization of disability organizations in the U.S. has sent a letter to the Acting Commissioner of Social Security endorsing an increase in the cap on fees that attorneys may charge for representing disability claimants and for a change in the regulations to require an annual cost of living adjustment on the cap. The cap has been stuck at $6,000 since 2009. If it were adjusted for inflation since the statute was first passed, the cap would be over $7,000. However, CCD only endorsed adjusting the cap to $6,904, basing the adjustment on the increase in the cost of living since 2009.

     Despite what you may hear from some people who have never represented a Social Security claimant, either the cap is raised in the not too distant future or there will be no further representation of Social Security disability claimants because it won't be economically feasible. Already, the number of attorneys representing Social Security claimants has declined significantly. The rest of us are struggling to hang on. Anyone who thinks it's easy to make money representing Social Security claimants  is encouraged to start doing it themselves. It may be ten years or more since I've heard of a Social Security employee leaving the agency to start representing claimants.

CCD Opposes President's Gun Control Plan

     The Coalition for Citizens with Disabilities (CCD), the major umbrella organization of disability-related organizations in the United States, has released a letter it sent to Valerie Jarrett, senior advisor to the President, after a meeting concerning the White House plan to have the Social Security Administration relay information about some individuals who have been appointed representative payees so that they might be prevented from buying guns. CCD opposes the plan because they believe that it would stigmatize those disabled by mental illness.

     I am aghast at the CCD position. Do they have any idea how difficult it is to be approved for Social Security disability benefits due to mental illness? Maybe they just accepted without question the talking points of the National Rifle Association (NRA). The NRA wants people to think that you get a representative payee if you're suffering from any mental illness. False. Only a small minority of those suffering from mental illness get a representative payee. The NRA wants you to think you get a representative payee if you're illiterate. False. No one at Social Security is going to even think about going to the trouble of appointing a representative payee merely because a person is illiterate. The NRA wants you to think that you get a representative payee if you're not good at math. False. It takes far more than that to get a representative payee. Those who are appointed representative payees are really, really sick people. I'd guess that most schizophrenics don't end up with a representative payee. People who end up with a representative payee are generally people who are very severely impaired by mental illness. We're talking about people who shouldn't be driving a car much less owning a firearm.

     I've got an idea, CCD. Why don't we abolish involuntary commitment? The existence of a process which can take away a person's liberty due to mental illness creates a much greater stigma than reducing access to guns. How about it, CCD? If you're not worried about paranoid schizophrenics buying guns, why should you worry about paranoid schizophrenics who threaten to kill themselves or others? Most of those who threaten to kill themselves or others won't do it. Why do we need to stigmatize them by locking them up?

CCD Opposes Bill Linking Social Security Disability To Transportation Bill

     The Consortium for Citizens with Disabilities (CCD) is an umbrella coalition of about 100 groups involved in helping people with disabilities. You don't hear much about CCD but it's a big deal in Washington. This is from a letter that CCD sent on July 16 to each U.S. Senator:

... [W]e write to express the Task Force’s strong opposition to enacting legislation that cuts Social Security, including Social Security Disability Insurance (SSDI), or Supplemental Security Income (SSI) to offset the costs of unrelated programs in the surface transportation reauthorization bill. ...

We understand that at least two Social Security policy changes are currently being considered as offsets for legislation to extend highway transportation funding. 

One measure would eliminate or reduce concurrent SSDI benefits for individuals who attempt to work – as encouraged by law – but lose their job through no fault of their own and qualify for Unemployment Insurance (UI). ...

The SSDI and UI programs were established for different purposes and largely serve different populations. Receiving UI and SSDI concurrently is legal and appropriate. This has been the long - standing position of the Social Security Administration and of the courts. ...

A second measure would bar payment of Social Security or SSI benefits to individuals with outstanding warrants for their arrest. The Social Security Act already prohibits payments to individuals fleeing from law enforcement to avoid prosecution or imprisonment, and the people who would be affected by the CUFF Act are, in fact, neither fugitives nor felons. Almost none of the individuals who would be affected by this pro vision are actual fugitives from justice and most of the warrants in question are many years old and involve minor infractions. Moreover, the Social Security Administration (SSA) attempted to administer a similar provision for a number of years, with catastrophic effect for many vulnerable people with disabilities and seniors , employing procedures that did not withstand judicial scrutiny. If Congress adopts this provision, it would return SSA to a policy that was overly broad and led to much unintended harm to seniors and people with disabilities who have not been convicted of any crime but who rely on Social Security and SSI. ...

Let's Simplify Work Incentives

     The Consortium for Citizens with Disabilities (CCD) has issued a proposal for simplifying and improving the work incentives in Social Security's disability programs. Here are the major points:

• Benefit offset level: $1 benefit offset for every $2 of earnings over the earning disregard threshold
• Earning disregard threshold: Initial earning disregard should be set no lower than the current law Trial Work Level (TWL) period earning threshold of $770 for 2014 ... The earning disregard threshold for SSDI should be indexed ...
• The earned income disregard in the Supplemental Security Income (SSI) program should also be increased to the level it would be at if it had been indexed since its inception. The earned income disregard in the SSI program should be indexed after it is increased.
• Eliminate the Trial Work Period. A Trial Work Period would no longer be needed with a benefit offset.
• Eliminate the Extended Period of Eligibility (EPE) ... [E]arnings should never cause an SSDI beneficiary’s eligibility to be terminated. Instead, benefit eligibility should be put in suspension in any month that a beneficiary’s earnings rise to the level that no benefit is payable. An SSDI beneficiary’s eligibility should only be terminated if the individual has medically improved and no longer has a disabling impairment according to the Title II definition of disability.
• We recommend improving the administration of the IRWE [Impairment Related Work Expenses] by making the reporting of IRWEs easier – allowing online submission of evidence of expenses that might be eligible to be counted as an IRWE and reducing the frequency at which someone must provide evidence of the IRWE – e.g. create a presumption that the expense continues at the same monetary amount unless SSA is notified. If needed, verification of the expense could be asked for annually.
• The current SSI blindness rule should be applied to both Title II and SSI disability claimants and beneficiaries to allow the consideration of all work expenses, not only those that are “impairment - related.”

     These are common sense reforms. They would make the work incentives much easier for claimants to understand and for Social Security to administer. Congress has added one work incentive after another over the decades. It's gotten to the point that almost no one understands the incentives and that includes front line Social Security employees. How can incentives work if the people you're trying to incentivize don't understand the incentives and there's no one available to explain them? It's time to take down this Christmas tree loaded with ineffective incentives and replace it with something simple and workable.

     I don't think this proposal if adopted will put large numbers of people back to work. The vast majority of Social Security disability recipients are too sick to have any realistic hope of returning to work. I do think that this proposal will make a difference on the margins and be much easier to administer. That's all anyone should hope for.