SSAB Study On Effectuation Of Disability Benefits

     The Social Security Advisory Board (SSAB) has done a study on Effectuation of Disability Benefits. It shows that there have been major increases in the time it takes to effectuate disability benefits, particularly SSI benefits. These delays are cruel. The claimant has already been found disabled. He or she is poor enough to qualify for SSI yet must wait many months to receive their benefits. That's wrong.

    Below are a couple of charts from the report showing what has happened. Note that the SSAB couldn't obtain good data from Social Security. They had to rely upon data from a large non-attorney representative group. That tells you that this hasn't been enough of a priority at Social Security to even collect good data on it. In addition to giving us an idea of the scope of the problem, the data also gives us an idea of the size of that non-attorney representative group.

SSAB Nominations Advance

     The Senate Finance Committee has scheduled a hearing for January 31 on four nominations, including these three to the Social Security Advisory Board:

• Andrew G. Biggs, of Oregon
• Kathryn Rose Lang, of Maryland
• Sharon Beth Lewis, of Oregon

SSAB Supports O'Malley Nomination

     The four members of the Social Security Advisory Board, two of them Democratic appointees and two of them Republican appointees, have written to the Chairman and Ranking member of the Senate Finance Committee recommending swift approval of Martin O'Malley's nomination to become Commissioner of Social Security. 

    They also recommended that the six year terms for Social Security Commissioners end and that they serve at the pleasure of the President. I think it is beyond dispute that six year terms for Social Security Commissioners has been a bad idea which has led to the near impossibility of confirming Commissioners. In any case, due to recent Supreme Court rulings, Commissioners, in effect, serve at the pleasure of the President anyway.

    Let's get on with it. Endless Acting Commissioners aren't good for the agency.

Mortality, Disability and Work

     From the Social Security Advisory Board:

The Board will hold an event on “The Future of Mortality, Disability, and Work: Helping to Inform the Social Security Trust Fund Projections” on Friday, August 25, 2023, from 9:45 am to 3:30 pm ET. The forum begins with opening remarks followed by two panels on mortality and disability, respectively, an hour break between 1 and 2 pm, and a third     panel on work.

Register for the Event

Each year, the Board of Trustees reports to Congress on the current and projected financial and actuarial status of the Old-Age and Survivors Insurance (OASI) and Disability Insurance (DI) programs. The Social Security Administration’s Office of the Chief Actuary (OCACT), on behalf of the Trustees, projects future OASDI program cost and income based on assumptions about key demographic and economic variables affecting the number of people paying into and receiving benefits from these programs over time. This forum will bring together OCACT in conversation with other experts to consider the implications of recent research and scientific findings on future expectations for a subset of those variables—mortality, disability, and work. ...

SSAB On DDS

     The Social Security Advisory Board (SSAB) has issued a 27 page report titled Social Security and State Disability Determination Services Agencies: A Partnership in Need of Attention. It's mostly descriptive. It does say that the DDS's are "struggling" and that " ... the Board believes long-standing frictions between SSA, state governments, and the DDSs call for ongoing review of how SSA and the DDSs work together and how the agency incorporates DDS needs into its overall strategic, performance, workforce, and contingency plans. ..." There's nothing I'd call a recommendation in the report.

Now How About A Commissioner Nomination?

     The President has nominated Kathryn Lang to became a member of the Social Security Advisory Board. Lang is Director of Federal Income Security at Justice in Aging, a national non-profit legal organization that fights against senior poverty. She has worked with Social Security and SSI issues.

Biggs And Lewis Renominated

     The President has renominated Andrew Biggs and Sharon Beth Lewis to serve on the Social Security Advisory Board (SSAB). Biggs is only renominated because the President essentially has to nominate him. Certainly, he would not be nominated otherwise. As a Social Security employee -- a Social Security employee! -- he campaigned with then President George W. Bush for the partial privatization of Social Security. It's understood that Social Security Commissioners don't do this sort of thing. It's way beyond the pale for underlings. What Biggs did was quite a few years ago but it's not been forgotten. Remember, though, that the SSAB has only a limited role. Biggs on the SSAB doesn't move us one inch closer to privatizing Social Security.

Shuart To SSAB Board

     From a press release:

Amy Shuart, of Alexandria, Virginia, has been appointed by the House to the Social Security Advisory Board for a six-year term effective October 9, 2022.

Shuart has over 15 years of experience in Social Security and identity policy. She is currently the Head of North America Government Affairs and Policy Director for Onfido, a technology company that specializes in automated global digital identity verification and authentication solutions. For over a decade, she worked for the Committee on Ways and Means, most recently as the Social Security Subcommittee Staff Director.  She started her career as a Presidential Management Fellow at the Social Security Administration in the Office of Retirement Policy and has also worked at the Office of Management and Budget in the Medicare Branch and the White House National Economic Council. She holds a Bachelor of Arts in Political Science and a Bachelors of Arts in Public and Urban Affairs from Virginia Tech, and a Master of Public Affairs from the Lyndon B. Johnson School of Public Affairs at the University of Texas at Austin. ...

Biggs Nomination

     The President has nominated Andrew Biggs to become a member of the Social Security Advisory Board.

    During the George W. Bush Administration, Biggs was Deputy Commissioner of Social Security -- only in an acting capacity if I remember correctly. Biggs openly plotted partial privatization of Social Security and campaigned for it with George W. Bush while serving as Deputy Commissioner. That was beyond the pale in my opinion. Completely inappropriate. As I recall saying at the time, Biggs was put in a position where he was supposed to be making the trains run on time but what he actually wanted to do was to blow up the locomotives and tear up the tracks.

    As you may recall, George W. Bush's campaign to partially privatize Social Security went nowhere because it was a disaster politically. I have no idea why Republicans would want a man who is partially responsible for that fiasco in a position of honor.

    Why is President Biden nominating Biggs? I don't know but there must be some deal. He certainly wouldn't be nominated by this White House based on his merits. I have no idea what the White House is getting in return.

Lewis Nominated To SSAB

      The President has nominated Sharon Beth Lewis of Oregon to become a member of the Social Security Advisory Board (SSAB). Here's some biographic info on Lewis:

Lewis is a Principal at Health Management Associates, where she consults with government entities, providers, and advocates to advance opportunities for people with disabilities to fully participate in all aspects of their communities. Before that, Lewis served nearly six years in presidentially appointed roles at the Department of Health and Human Services. There, she was one of the chief architects of the Administration for Community Living and worked to improve access to quality integrated home and community-based services by working with states, stakeholders, and other federal agencies, including the Centers for Medicare and Medicaid Services, Social Security Administration, and the Departments of Labor, Education, Transportation, and Justice.

Before joining the Obama administration, Lewis worked as a Senior Disability Policy Advisor to the House Committee on Education & Labor and as a Kennedy Public Policy Fellow for the Senate HELP Subcommittee on Children and Families. Lewis is the recipient of the Consortium for Citizens with Disabilities Chairman’s Award and is a graduate of Washington University in St. Louis.

Nomination To SSAB

     From a press release:

President Joe Biden announced his intent to nominate Sharon Lewis of Oregon to serve on the Social Security Advisory Board ... The position is subject to Senate confirmation.

Lewis is a Principal at Health Management Associates, where she consults with government entities, providers, and advocates to advance opportunities for people with disabilities to fully participate in all aspects of their communities. Before that, Lewis served nearly six years in presidentially appointed roles at the Department of Health and Human Services. There, she was one of the chief architects of the Administration for Community Living and worked to improve access to quality integrated home and community-based services by working with states, stakeholders, and other federal agencies, including the Centers for Medicare and Medicaid Services, Social Security Administration, and the Departments of Labor, Education, Transportation, and Justice.

Before joining the Obama administration, Lewis worked as a Senior Disability Policy Advisor to the House Committee on Education & Labor and as a Kennedy Public Policy Fellow for the Senate HELP Subcommittee on Children and Families. Lewis is the recipient of the Consortium for Citizens with Disabilities Chairman’s Award and is a graduate of Washington University in St. Louis. ...

Joondeph Named SSAB Chair

     From a press release:

President Joe Biden has named Bob Joondeph Chair of the Social Security Advisory Board. Joondeph replaces Kim Hildred, who was designated Chair by President Donald Trump in July 2017.  ...

Joondeph has a 25-year plus tenure as Executive Director of Disability Rights Oregon, a state protection and advocacy organization. Joondeph graduated from Brown University and Case Western Reserve Law School.

SSAB Roundtable On Medical Evidence Collection

     From the Social Security Advisory Board (SSAB):

On Thursday afternoon, July 29, from 12:45 to 4 pm EDT, the Board will bring together state Disability Determination Services managers and staff, a claimant attorney, and former Social Security executives for a roundtable on the agency’s medical evidence collection.

Register Here

The roundtable will cover an introduction to the evidence collection process and state approaches to collecting evidence.

Participants:

• Bob Emrich, Senior Technical Consultant SSA Portfolio, Peraton; former Director, Federal DDS, SSA (retired)
• Marjorie Garcia, President, National Association of Disability Examiners (NADE); Disability Analyst, Oregon DDS
• Paul Kreger, Medical Professional Relations Officer, Iowa DDS
• Jennifer Nottingham, Legislative Director, NADE; Operations Manager, Nevada DDS
• Marjorie Portnoy, Managing Partner, Portnoy Disability Practice in Radnor, Pennsylvania
• Teresa Sizemore-Hernandez, Professional Relations Team Leader, Virginia DDS
• Melissa Spencer, former Deputy Associate Commissioner, Office of Disability Policy, SSA (retired)
• Sara Winn, Immediate Past President, NADE; Program Specialist, Louisiana DDS

SSAB Recommendations On Disability Claims Improvement

      In 2018 the House Social Security Subcommittee requested that the Social Security Advisory Board (SSAB) examine Social Security's reinstatement of the reconsideration stage of appeal in disability claims and to recommend improvements at the initial and reconsideration stages. SSAB is only now getting back to the Subcommittee with a full report.

     SSAB assembled five panels to discuss possible improvements. What the panels recommended mostly seems vague to me. For instance, one recommendation is "Simplify SSI eligibility for children." That's certainly a worthy goal but if you know any history of SSI child disability, you know that if you want "simplification" you'd better say exactly what you have in mind -- and then duck because whatever you have in mind will be extremely controversial. Recommendations that are more specific, such as "Simplify the SSI program by eliminating the living arrangement eligibility requirement, windfall offset, dedicated accounts, and in-kind support and maintenance" can only happen if there are major changes in the political environment. We'll see about that after November 3.

Another Report On Rep Payees

     The Social Security Advisory Board (SSAB) has released a study it commissioned on representative payees at Social Security. Rep payees handle money for beneficiaries who are unable to handle it for themselves. Most often a rep payee is a grown child or other close relative who handles the money responsibly but improper or illegal conduct by rep payees isn't as rare as anyone would like. The study is fine although its first recommendation, more studies, is part of the tradition of scholars making such self-serving recommendations when they do research for the federal government.

     Unfortunately, there are three underlying problems with rep payees that no one seems to be able to do anything about:

• There are some claimants who don't have anyone close to them who is willing to be rep payee. If some stranger is going to have to do it and do it right, it's going to cost real money but taking more than a nominal sum out of the benefits will leave some claimants without enough money to live on.
  
• There are temptations for rep payees. Some will give in to the temptation and steal from the person whose money they're supposed to be handling. There's no way to completely prevent this. There's not even a clear path to reducing it. Detecting it after it happens is difficult.
  
• Overseeing rep payees is a difficult job. Even with adequate staffing at Social Security there will always be problems but Social Security lacks the manpower to do a lot of things, including effectively overseeing rep payees. That's because agency appropriations are too low, like, maybe, two billion dollars a year too low. One political party tries hard to keep the Social Security Administration underfunded for reasons that go well beyond rep payees.
  

SSAB Urges That SSI Recipients Receive Covid-19 Relief Payments Automatically

     From a press release:

Today, the Social Security Advisory Board (“Board”) sent a letter to Commissioner of Social Security, Andrew Saul, urging action related to relief payments to Supplemental Security Income (SSI) recipients and restoring representative payee monitoring.

The Board urged the Commissioner, under the Coronavirus Aid, Relief, and Economic Security Act (Pub. L. 116-136), to work with the Department of the Treasury to ensure that those who receive SSI payments also receive relief payments automatically and quickly, without filing any forms. ...

     Honestly, unless your goal is to harass SSI recipients, I don't know why you want to make them go to the trouble of filing any kind of tax return. Social Security has all the info in its databases needed to make these payments. Forcing SSI recipients to file tax returns makes more work, not just for them but also for the IRS and Social Security, which will both be receiving phone calls about this.  Of course, one guiding principle of the Trump Administration is what some have referred to as "performative cruelty", that is cruelty for the sake of cruelty conspicuously aimed at disfavored groups. Poor people are certainly disfavored by this Administration. If you’re poor, it must be because you’re lazy or because God doesn’t love you. In any case, if you’re poor, you can’t be a Republican and that’s good enough reason for you to be punished.

     Update: More pressure on this issue, now from AARP:

...  When contacted by AARP for clarification about the requirement for low-income SSI and VA beneficiaries to file a tax return to receive a stimulus payment, an IRS official would only say that “guidance is still in the process.” In addition, SSA announced on April 3 that it is working with the IRS to clarify the requirements for SSI beneficiaries: “We are working closely with Treasury to address outstanding questions about our SSI recipients in an attempt to make the issuance of economic impact payments as quick and efficient as possible.” SSA added that economic impact payments won't count as income for SSI recipients, and the payments will be excluded from resource calculations for 12 months.

As it did with Social Security beneficiaries, AARP is urging the IRS to reverse course and make automatic stimulus payments to SSI and VA beneficiaries without the burden of filing any additional paperwork such as a tax return. Due to the coronavirus outbreak, free tax services for low-income filers such as the AARP Foundation Tax-Aide program have been forced to suspend operations. ...

Fichtner Nomination Advances

     The nomination of Jason J. Fichtner to be a member of the Social Security Advisory Board has been voted out of the Senate Finance Committee favorably. However, there were four votes against Fichtner.

Fichtner Nomination Advances

     The Senate Finance Committee will be meeting on Wednesday, March 11 to consider reporting out three nominations, including the nomination of Jason Fichtner to become a member of the Social Security Advisory Board.

Fichtner Nomination To SSAB Advances

     The Senate Finance Committee has scheduled a hearing for February 5 on three nominations. One of them is the nomination of Jason J. Fichtner to be a member of the Social Security Advisory Board (SSAB).

To Add To The Mystery

     The biggest mystery in the Social Security world is what is happening with the rate at which claims for Social Security disability benefits are being filed. There was a big run-up between about 2008 and  2010 followed by a prolonged decline. Various theories have been propounded but no one has a good handle on this. No, declines in unemployment cannot be the only explanation. If that were the case, the decline would have ended some time ago.

     Jeffrey Schuh and Richard Leavitt gave a presentation to the Technical Panel on Assumptions and Methods of the Social Security Advisory Board on Disability Insurance: The Private Sector. It included the table shown below. LTD means Long Term Disability, that is private insurance, mostly an employee benefit. It's not stated in the presentation but I think EP stands for Elimination Period, that is the length of time after disability begins before LTD payments begin. EP-90 is a 90 day elimination period and EP-180 is a 180 day elimination period.

    

     Note that this table would not include anyone laid off since they would not be eligible for LTD as an employee benefit. These would mostly be white collar jobs since blue collar employees aren't  often covered by LTD, unless they're union workers and maybe not then.

     This table shows a very significant decline in disability claims in a group that was little affected by unemployment rates and which was unaffected by circumstances at Social Security, at least in the rate at which they filed LTD claims. This is a table of the incidence rate per one thousand so birth rates in the 1960s are irrelevant. In general, this table just adds to the mystery.