A Question And An Opinion

Is it appropriate for a Commissioner of Social Security to change the agency's basic interpretation of a statute without any intervening change in the statute? I was under the impression that members of the Federalist Society such as Michael Astrue opposed reinterpreting even the Constitution which is over 200 years old. Of course, there is the recent example of Citizens United v. FEC where other members of the Federalist Society were quite happy to reinterpret the Constitution when it suited the interests of their political party.

My opinion is that if a Commissioner does not like the settled interpretation of a statute that he inherits that he should go to Congress and ask them to change the statute instead of threatening to unilaterally change that interpretation.

Commissioner Says Ohio Shoots Itself In Foot

From the Cleveland Plain Dealer:

Commissioner of Social Security Michael Astrue said Ohio is losing millions of dollars and contributing to the backlog of disability cases by furloughing state workers paid with federal funds.

Astrue, who met with The Plain Dealer editorial board Thursday, also said the furlough of workers who process disability requests will delay 14,600 claims and postpone almost $3 million in federal benefits to Ohio residents.

According to Asture, Ohio will lose $6.9 million in federal money by imposing a 20-day furlough to each of the 627 employees of the Ohio Bureau of Disability Determination over two years. The furlough began last summer.

Commissioner's Message On Appropriations

Subject: COMMISSIONER'S BROADCAST--12/18/09

A Message To All SSA And DDS Employees

Subject: FY 2010 Appropriation

Some good news to share!

President Obama has signed the omnibus appropriations bill for fiscal year (FY) 2010. The appropriations bill provides us with the amount requested in the FY 2010 President’s Budget, which represents a 10 percent increase over our FY 2009 appropriation.

Sustained, adequate funding for our agency makes a real difference to the American people. With the additional funding Congress provided over the last few years, we have made significant progress in enhancing service to the public, reducing the hearings backlog, processing hundreds of thousands more claims, and improving 800-number wait times and busy signals. I am proud of what we have accomplished, and I want to thank each of you for your efforts that contributed to our success in FY 2009.

With our annual appropriation, we will continue to increase staffing in hearings offices and in the State Disability Determination Services (DDSs). This past year, we increased the number of field office staff, and our funding will allow us to maintain this level. In addition, Operations will receive some additional hires to expand Federal capacity to help the DDSs. Our FY 2010 hiring plans will ensure that we maintain the momentum we achieved in FY 2009.

However, as you all know only too well, we are still dealing with dramatically higher workloads caused by the recession. Even with the 10 percent increase in funding, it will be a challenge to keep the level of pending initial disability claims below one million in FY 2010. We will continue to need adequate and sustained funding in future years in order to achieve our goals of reducing the hearings and disability claims backlogs.

We obviously have many challenges ahead of us, but I am confident that we are up to the task. I will keep you posted on our progress throughout the year.

Michael J. Astrue

Commissioner

Commissioner's E-Mail On Labor Management Forum

From: ^Commissioner Broadcast
Sent: Thursday, December 10, 2009 9:41 AM
Subject: COMMISSIONER'S BROADCAST--12/10/09

A Message To All SSA Employees

Subject: Executive Order Creating Labor Management Forum

I want to share with you an Executive Order President Obama signed Wednesday. The Order calls for creation of a non-adversarial forum for managers, employees, and employees' union representatives to promote constructive labor relations and improve productivity and effectiveness in the Federal Government.

I look forward to implementing this Executive Order and have asked Dr. Reginald Wells and his staff to take the lead in this new initiative.

To read the Executive Order, click here.

Michael J. Astrue

Commissioner

Social Security Offices To Be Closed Christmas Eve

From Commissioner Astrue to Social Security employees:

A Message To All SSA Employees

Subject: Leave on December 24th

This has been an unbelievably challenging, yet remarkable, year for us. I am keenly aware of the impact that the nation's current economic situation has had on our workloads. Once again, you have stepped up to this challenge and continue to set the standard for public servants. In appreciation for your hard work and dedication, on December 24, 2009, I am excusing employees from work and closing all Social Security Administration offices for normal business. The excused absence will be handled in accordance with existing policy and applicable negotiated agreements. The Office of Personnel will issue detailed guidance to managers and timekeepers.

I am grateful for the work that you do and for your accomplishments. Enjoy the satisfaction of a job well done and the additional time to be with your family and friends during this holiday season.

Michael J. Astrue
Commissioner

The Commissioner Wants An Investigation

A press release from Social Security:

Michael J. Astrue, Commissioner of Social Security, today asked the agency’s Inspector General to investigate allegations that the states of California and Hawaii have recently implemented practices that deny applicants the right to receive full consideration of their Social Security disability claims.

In a memo to Patrick P. O’Carroll, Inspector General, Social Security Administration, Commissioner Astrue writes, “As you know, Gov. Schwarzenegger has insisted on furloughing California Disability Determination Service (DDS) employees, despite the fact that we fully fund both their salaries and overhead. According to Congressman Robert Filner, the State is attempting to find ways to improperly circumvent the effects of the furlough at the expense of some of the State residents who are in the greatest need.”

At a hearing before the House Ways and Means Subcommittee on Social Security yesterday, Congressman Filner (D-CA) testified that the California DDS is denying the claims of disability applicants who fail to return a 25-page report within 20 days – a practice which has been adopted since the institution of furloughs. He reported that one office had closed 30 percent of its cases due to the applicants’ failure to return the completed form within 20 days. In addition, he testified the California DDS may be manipulating its service numbers by assigning claims to fictional examiners or supervisors. According to the Congressman, this scheme would allow the DDS to hide the fact these cases are not actually being reviewed.

“I am concerned about the State of Hawaii DDS, which is furloughing its DDS employees for as many days as California, and which has made statements about new business efficiencies that closely track statements made by California officials,” Commissioner Astrue writes to the Inspector General. “Accordingly, I ask that you also review that agency to ensure they are also fully adhering to all SSA rules and policies.”

The text of Commissioner’s Astrue’s memo is below:

At yesterday’s hearing before the House Ways and Means Subcommittee on Social Security, I testified about some disturbing practices the State of California has instituted that aggravate, rather than help, in response to its budgetary situation. As you know, Gov. Schwarzenegger has insisted on furloughing California Disability Determination Service (DDS) employees, despite the fact that we fully fund both their salaries and overhead. According to Congressman Robert Filner, the State is attempting to find ways to improperly circumvent the effects of the furlough at the expense of some of the State residents who are in the greatest need.

Congressman Filner indicated that since the furloughs began, the California DDS has begun denying the claims of those disability applicants who fail to return a 25-page report within 20 days. This practice, if true, places applicants in an untenable position because the substantial amount of information required must often be gathered from third parties. If an applicant fails to return complete information within the time set by the State, the DDS deems the applicant to have failed to cooperate and closes the file, thereby depriving that applicant of fair and full consideration.

I am also greatly concerned by Congressman Filner’s report that the California DDS may be manipulating its service numbers by “staging” claims, assigning them to fictional examiners or supervisors, rather than to actual examiners. According to Congressman Filner, this practice would allow the DDS to claim that the cases have been assigned, rather than indicate that they are still in queue, thus minimizing the effects of the furlough.

If true, these practices are, of course, very disturbing. Therefore, I am asking you to undertake a full review of the practices of the California DDS to determine the scope and breadth of any inappropriate practices.

I am also concerned about the State of Hawaii, which is furloughing its DDS employees for as many days as California, and which has made statements about new business efficiencies that closely track statements made by California officials. Accordingly, I ask that you also review that agency to ensure they are fully adhering to all SSA rules and policies.

Thank you for your assistance.

Press Release On Compassionate Allowance Hearing

A Social Security press release:

Michael J. Astrue, Commissioner of Social Security, today hosted the agency’s fifth public hearing on Compassionate Allowances. Commissioner Astrue was joined by Philip Wang, M.D., Dr. P.H., National Institute of Mental Health, National Institutes of Health, and Social Security executives. They heard testimony from some of the nation's leading experts on schizophrenia about possible methods of identifying and implementing Compassionate Allowances for young adults with schizophrenia.

"Schizophrenia is a devastating disease that affects more than two million Americans, primarily individuals in their teens and twenties," said Commissioner Astrue. "The onset of schizophrenia has life-changing consequences, which can include unemployment and homelessness." This hearing will help us to potentially identify the most severe cases and consider bringing them under our Compassionate Allowances umbrella."

In October 2008, Social Security launched Compassionate Allowances to expedite the processing of disability claims for applicants with medical conditions so severe that their conditions by definition meet Social Security's standards. To learn more and to view a web cast of today's hearing, go to www.socialsecurity.gov/compassionateallowances.

"Our Compassionate Allowances and Quick Disability Determination processes are making a real difference by ensuring that Americans with devastating disabilities quickly receive the benefits they need," Commissioner Astrue said. "This fiscal year, we expect to fast-track about 150,000 cases and we plan to add more diseases and impairments to these expedited processes in the coming months."

Michael Astrue, Esquire

From Esquire magazine (number 16), quoting Michael Astrue, Commissioner of Social Security:

Our system can now scan each of the millions of disability applications we receive for key words to find cases that should be granted without question because of a medical situation. This saves money. Also, a word about insolvency: What that means is that in 2037, the current estimate for "insolvency," we could pay only about 75 percent of benefits. So it's not like there's a cliff. And my bet is that in fact it'll be pretty close to 100 percent.

Union Calls For Astrue Ouster

From a press release issued by the American Federation of Government Employees (AFGE), the union that represents most Social Security employees:

The American Federation of Government Employees (AFGE), the nation's largest federal employee union, today called on the Obama Administration to remove Social Security Administration Commissioner Michael Astrue. The union says recent events involving H1N1 employee policy and a third party class action lawsuit indicate that Astrue has lost touch with employee rights and the impact his policies have on effective public service. The Social Security Administration’s chief negotiator for mid-term bargaining on abating H1N1 told AFGE members that H1N1 is not a serious communicable disease, contradicting the Centers for Disease Control and SSA’s own chief medical officer. In a direct challenge to SSA protocols, SSA managers – and its negotiator – have threatened disciplinary action if SSA employees refuse to take an interview with a member of the public that exhibits swine flu symptoms but wants a face-to-face interview. ...

AFGE also recently applauded the order of a federal judge in the Northern District of California to allow blind individuals an accommodation in the form of communications from the Social Security Administration, something which the SSA leadership has repeatedly fought against and claimed that it would be too burdensome to accommodate.

For more on this dispute, see the Washington Post article. By the way, although the President could make life difficult for Astrue, the President cannot fire him.

Social Security Advertises Chief Of Staff Position

The Social Security Administration is advertising an opening in the position of Chief of Staff. Here is the description of the job from the notice:

The Chief of Staff to the Commissioner of Social Security acts as personal advisor to the Commissioner and Deputy Commissioner of Social Security covering the full range of the agency's mission. S/He is a key leader in setting and articulating the Commissioner's vision and strategic direction for the agency. Internally, the Chief of Staff oversees the tactical execution of the Commissioner's strategic vision among the agency's executive leadership. S/He represents the Commissioner in discussions with the White House, Members of Congress, the Office of Management and Budget, the Department of Health and Human Services, the Office of Personnel Management, other Federal agencies, executives of State and local governments, and others who are interested in the policies and programs of the Social Security Administration.

Public Hearing On "Compassionate Allowances For Schizophrenia"

Social Security Commissioner Michael Astrue will hold a public hearing on November 18 in San Francisco on his "compassionate allowance" project. The topic for this hearing is young adults with schizophrenia. Only invited witnesses will be allowed to speak.

Astrue Supports $250 Payments

A press release from Social Security:

With consumer prices down over the past year, monthly Social Security and Supplemental Security Income benefits for more than 57 million Americans will not automatically increase in 2010. This will be the first year without an automatic Cost-of-Living Adjustment (COLA) since they went into effect in 1975.

“Social Security is doing its job helping Americans maintain their standard of living,” Michael J. Astrue, Commissioner of Social Security said. “Last year when consumer prices spiked, largely as a result of higher gas prices, beneficiaries received a 5.8 percent COLA, the largest increase since 1982. This year, in light of the human need, we need to support President Obama’s call for us to make another $250 recovery payment for 57 million Americans.”

The Social Security Act provides that Social Security and Supplemental Security Income benefits increase automatically each year if there is an increase in the Bureau of Labor Statistics' Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) from the third quarter of the last year to the third quarter of the current year. This year there was no increase in the CPI-W from the third quarter of 2008 to the third quarter of 2009. In addition, because there was no increase in the CPI-W this year, under the law the starting point for determinations regarding a possible 2011 COLA will remain the third quarter of 2008.

Some other changes that would normally take effect in January 2010 based on the increase in average wages also will not take effect, even though average wages did increase. Since there is no COLA, the statute prohibits an increase in the maximum amount of earnings subject to the Social Security tax as well as the retirement earnings test exempt amounts. These amounts will remain unchanged in 2010. The attached fact sheet provides more information on 2010 Social Security changes.

Information about Medicare changes for 2010, when available, will be found at www.Medicare.gov. The Department of Health and Human Services has not yet announced if there will be any Medicare premium changes for 2010. Should there be an increase in the Medicare Part B premium, the law contains a “hold harmless” provision that protects about 93 percent of Social Security beneficiaries from paying a higher Part B premium, in order to avoid reducing their net Social Security benefit. Those not protected include higher income beneficiaries subject to an income-adjusted Part B premium and beneficiaries newly entitled to Part B in 2010. On September 24th, the House passed legislation by 406-18 that would, on a fully paid-for basis, prevent abnormally large premium increases. The President is calling on the Senate to enact this legislation before it becomes too late for the Social Security Administration to update its computer systems to implement this needed change.

Update: And Max Baucus, the Chairman of the House Finance Committee, has signed onto this proposal.

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.

Ted Kennedy And Michael Astrue

Michael Astrue, the Commissioner of Social Security, like the late Ted Kennedy, is from Massachusetts. Astrue has some history with the late Ted Kennedy. Here is an excerpt from the Stromata blog for October 31, 2001:

Michael Astrue, a moderate Republican whom I know slightly, today withdrew his name from consideration as head of the Food and Drug Administration. He was known to be President Bush’s top choice for the position, but Edward Kennedy, chairman of the Senate Labor Committee, announced that he would refuse to hold hearings on an the prospective nomination. Kennedy doesn’t accuse Astrue, a former general counsel of the Department of Health and Human Services and current chairman of the Massachusetts Biotechnology Council, of harboring abhorrent right-wing opinions. His “disqualification” is that he has worked for Biogen, and the Senator opposes allowing anyone with a background in the pharmaceutical industry to be in charge of the FDA.

Kennedy did support, or at least did not oppose, Astrue's nomination to be Social Security Commissioner (see pages 61 and 62). Kennedy's letter to the Senate Finance Committee was not exactly a ringing endorsement.

Compassionate Allowance Hearing

A press release from Social Security:

Michael J. Astrue, Commissioner of Social Security, today [Wednesday] hosted the agency’s fourth public hearing on Compassionate Allowances. Commissioner Astrue was joined by Marie A. Bernard, M.D., Deputy Director of the National Institute on Aging, National Institutes of Health, and other Social Security officials. They heard testimony from some of the nation’s leading experts on early-onset Alzheimer’s disease and related dementias about possible methods for identifying and implementing Compassionate Allowances for people with early-onset Alzheimer’s.

“This year, through Compassionate Allowances and our Quick Disability Determination process, over 100,000 Americans with severe disabilities will be approved for Social Security disability benefits in a matter of days rather than the months and years it can sometimes take,” said Commissioner Astrue. “We are now looking to add more diseases and impairments to these expedited processes. With today’s hearing, we are expanding our focus from specific rare diseases and cancers to look at subgroups of much broader conditions. Early-onset Alzheimer’s disease is a rapidly progressive and debilitating disease of the brain that affects individuals between the ages of 50 and 65 and clearly deserves our consideration.”

In October 2008, Social Security launched Compassionate Allowances to expedite the processing of disability claims for applicants with medical conditions so severe that their conditions by definition meet Social Security's standards. To learn more and to view a web cast of today’s hearing, go to www.socialsecurity.gov/compassionateallowances.

“With the aging of the baby-boomers, we are beginning to see more, younger working Americans diagnosed with this devastating disease,” Commissioner Astrue said. “I want to thank the Alzheimer’s Association and their staff, particularly Harry Johns, President and CEO. Their help has been invaluable and many of the witnesses are here at their suggestion. Together, we hope to identify the most severe cases that can be included in our Compassionate Allowances process.”

New Office In Tanner's District

NWTN Today (Northwestern Tennessee?) reports that John Tanner, the Chairman of the House Social Security Subcommittee, was on hand Tuesday for the opening of a new Social Security field office in Union City, a town in his district. Social Security's Commissioner Michael Astrue and Regional Commissioner Paul Barnes were also on hand. Here is an interesting excerpt from the Commissioner's remarks:

... “I get dozens of pieces of mail from the public every day thanking me for the work that some particular person has done and helped them through some problem,” Astrue said. “And that compassion that you show on a regular basis is such an important part of our mission.” He added that he sees the “difficult” things, too, such as violence reports each and every day. Three years ago, SSA was receiving three to five threats a day. But with the downturn of the economy, “and as the fabric of the country has been torn,” threats have increased to 10 a day.

I wonder how many field office opening ceremonies the Commissioner attends.

What Do You Think?

From a Social Security press release:

The National Organization for Rare Disorders (NORD) has given Michael J. Astrue, Commissioner of Social Security, their Public Health Leadership Award. The award was presented at the 2009 NORD Gala at the National Press Club in Washington, DC. The NORD Gala is an annual event at which researchers and others are honored for significant achievements to improve the lives of people with rare diseases.

In recognizing Commissioner Astrue, NORD noted “his focus on reducing the disability backlog and improving service to the public.” A key component of the Commissioner’s backlog reduction plan is the agency’s Compassionate Allowances initiative, a way to expedite the processing of disability claims for applicants whose medical conditions are so severe that their conditions obviously meet Social Security’s standards. Social Security worked closely with NORD in developing the expedited decision process which was launched in October 2008 with a total of 50 conditions -- 25 rare diseases and 25 cancers.

From The NOSSCR Conference -- Comissioner Astrue

To continue with the reports from the NOSSCR Conference, here are the points that I picked up from Social Security Commissioner Michael Astrue's speech:

• 55% of the $250 economic stimulus checks went out last week. Most of the stimulus checks going out to SSI recipients will go out in the next two days.
• Astrue expects to send proposed regulations on "single decision-maker" to the Office of Management and Budget (OMB) for approval soon.
• He expects to hold two more compassionate allowance public hearings this year -- on Alzheimer's disease and schizophrenia. [I have a suggestion. Why not just make a simple confirmed diagnosis of schizophrenia enough to meet the Listing. That is what is happening anyway.]
• The actuaries predict a million more disability claims in the next three years as a result of the recession. Astrue seemed skeptical of the actuaries' ability to predict this. [I'm with Astrue, although maybe for different reasons. In my experience the number of claims filed has much more to do with public perceptions of the adjudicative climate at Social Security than with economic circumstances. At any given time there are several million people who could file a claim for Social Security disability benefits but do not have a claim pending. The decisions of members of this group to file or not file have little to do with the state of the economy.]
• Precessing times at state Disablity Determination Services (DDSs) will get worse this year.
• 8% of New York state DDS employees are being laid off due to state budget problems, even though Social Security is willing and able to pay for the New York DDS to hire 15% more employees.
• He believes that Social Security is hiring at an "incredible" rate, attempting to hire 6,400 employees this fiscal year.
• For four straight months the number of cases pending at Social Security's Office of Disability Adjudication and Review (ODAR) has gone down.
• Social Security plans to send a proposal for an extension of the senior attorney program to OMB for approval.
• ODAR will be adding 1,000 new staff on top of attrition this year. Many of those have already been hired.
• 157 new Administrative Law Judges (ALJs) are bing hired this month -- in the next week or so.
• Another 208 ALJs are to be hired before the end of the next fiscal year (September 30, 2010), with perhaps 55 of those to be hired in September of this year (which would still be in this fiscal year).
• Finding enough office space for additional ALJs is a problem which could hold back some hiring.
• Social Security is now aiming for 1,400 to 1,450 ALJs total.
• Social Security now has goal of an average ratio of 4.5 staff to each ALJ.
• Astrue expects to open 14 additional hearing offices in FY 2010.
• Astrue noted that it takes the General Services Administration (GSA) 18 to 24 months to lease space for federal agencies. This slows down the process.
• Astrue said that Fayetteville, NC would have a full hearing office once space can be leased which will take time. In the meantime, a large remote video site would be opened. I had previously posted that I thought it misleading for Astrue to talk about opening a hearing office in Fayetteville when all that was planned was a large remote hearing site. Astrue made reference to this blog and to me by name in his remarks, though not in an unfriendly way. He did not think what he had said was misleading. [Local Social Security employees were unaware until quite recently that a true hearing office was coming to Fayetteville.]
• Astrue hopes for a real turaround in electronic records in the next three years, which will help Social Security reduce the time it takes to adjudicate claims.

Full Obama Budget Proposal Out

I have criticized the current and former Commissioner of Social Security for not requesting a higher budget for the Social Security Administration. Almost every time I do this, I get one or more comments saying that I am off-base, that all budget requests for all executive branch agencies must be approved by the President, that the Commissioner of Social Security cannot legally do what I suggest. That would be true for all or almost all other executive branch agencies, but not for Social Security. The President has released his full budget proposal for fiscal year 2010 (which begins on October 1, 2009). Take a look at this excerpt from the budget for Social Security:

As directed by Section 104 of P.L. 103-296, the Social Security Independence and Program Improvements Act of 1994, the Commissioner of Social Security shall prepare an annual budgetfor SSA, which shall be submitted by the President to the Congress without revision, together with the President's request for SSA.

The Commissioner's budget includes $11,949 million for total administrative discretionary resources in 2010. This represents $11,842 million for SSA administrative expenses and $107 million for the Office of the Inspector General. In addition, the Commissioner requested $750 million for replacement of the National Computer Center.

There may be practical reasons why the Social Security Commissioner will not communicate a budget proposal to Congress that really reflects what the agency needs, but there is no legal barrier.

The Obama budget for Social Security's operating budget (the Limitation on Administrative Expenditures or LAE) is $12.081 billion which is slightly higher than Astrue had requested. I should say that I find these budget proposals are confusing, so it is possible that I have misinterpreted something. It had been previously reported that the Obama budget for Social Security's LAE would be $11.6 billion. As I read the budget proposal, the difference between what had been reported previously and what this document says is additional allocations for improving program compliance. These additional allocations are expected to save money, so they will not really cost what they seem to cost. Again, I would appreciate any help that any real budget expert can give me.

The budget proposal says that Social Security's Full Time Equivalent (FTE) employee total was 60,744 in FY 2008, 63,469 in FY 2009 and projects it as 65,114 in FY 2010 under this budget proposal, which is about what we had heard. This is not nearly enough to significantly reduce the backlogs at Social Security or to significantly improve service. I am quite sure of that.

Commissioner Astrue Speaks At Brookings Institute