Apr 6, 2006

Martin Gerry at NOSSCR Conference

Martin Gerry, who is effectively Jo Anne Barnhart's right hand man at SSA, and the one who has overall charge of her plan to transform the disability adjudication process at SSA spoke today at the NOSSCR Conference in Boston. His remarks were mostly an explanation of the current plan. I noted nothing in his prepared remarks that would surprise anyone who has kept up with recent events at SSA.

Gerry was kind enough to take questions. I posed a question to him that went something like this: "A few years ago some very smart and very well meaning Social Security officials developed a plan that they thought would lead to dramatic improvements in Social Security's hearings process. They called their plan Hearing Process Improvement or HPI. There were early trials which showed problems with HPI. Despite these problems, SSA went rapidly forward into national implementation of HPI and the result was a disaster, with dramatic increases in the length of time it takes to get a hearing at Social Security. Can you assure us that you will not go forward with implementation of your plan in other regions unless and until you can demonstrate in Region I that the plan is making things better?"

There are a couple of possible simple answers to the question: "We definitely won't go forward with implementation outside Region I until we can demonstrate success in Region I" or "We're so sure this will work that we're going to procede rapidly with national implementation regardless of what happens in Region I." Gerry did not give either of these simple answers. Others may characterize what he said and it will be possible to buy a tape of what he said. What I heard was Mr. Gerry talking for some length of time without ever giving anything close to an answer to the question, which, unfortunately, suggests that Gerry and Barnhart intend to go ahead with implementation regardless, or at least that they cannot imagine failure. To be fair to Gerry, later, in response to another questioner, he came back to the question which I raised by saying that he could not imagine going forward with the plan if the number of civil actions in Region I were to dramatically increase. However, that answer is not completely reassuring since the plan is to implement this in a very different way in Region I than would be the case nationally. The plan is to have the Disability Review Board review 100% of all ALJ decisions in Region I during the trial. That would not be possible nationally. A dramatic increase in civil actions is unlikely during the trial because the replacement for the Appeals Council, the Disability Review Board, would be reviewing all decisions in much the same way that all cases are now reviewed by the Appeals Council before a civil action is possible.

International Social Security Report

The U.S. Social Security Administration has released a report on Social Security programs in the Americas.

NADE Newsletter

The National Association of Disability Examiners (NADE), an organization of employees of state disability determination services, has posted its Winter 2006 Newsletter, which includes copies of a good deal of correspondence between NADE and Social Security.

SSA Issues Acquiescence Ruling on Fugitive Felon

The Social Security Administration has issued an acquiescence ruling, agreeing to abide by Fowlkes v. Adamec, 432 F.3d 90 (2d Cir. 2005), in the Second Circuit area. The Second Circuit held in Fowlkes that a person could not be a fugitive felon and ineligible for Social Security benefits if he or she were unaware that they were being sought. This ruling applies only in New York, Connecticut and Vermont.

Apr 5, 2006

SSA Seeking To Overhaul Medical Evidence Collection

Social Security has posted on the Federal Business Opportunities website that it is seeking help in answering the following questions:
What are the availability, capability and experience of consulting services that would enable SSA to find information and products necessary to develop and migrate to a business process that utilizes standards-based transactions for locating, requesting, receiving and utilizing medical information?

Are these consulting services available to provide responses to the following questions:
How can SSA best accomplish building the framework for the new business process?
How should a new business process be best aligned with comparable business processes in the general health care environment?
How could the transition effect the current environment at SSA?
What services, products and processes exist for maximizing the utility of the medical information once it is received in the future as both structured and unstructured data?

Apr 4, 2006

Dispute Over Social Security Trustees

The NY Times reports that a disagreement over the appointment of Social Security trustees is delaying issuance of a report by Social Security's trustees on the financial health of Social Security required by statute. President Bush wants to reappoint two public trustees, but the Senate is resisting, saying that the tradition is that public trustees only serve one term.

Apr 3, 2006

Organizational Changes At SSA

JOA posts on the Connect Board that he and other SSA employees received an e-mail today from the Commissioner of Social Security containing the following news, of uncertain importance:
I am pleased to announce the establishment of the new Office of Disability Adjudication and Review. The current Office of Hearings and Appeals will move from the Office of Disability and Income Security Programs to form the nucleus of this new organization.

Lisa de Soto, currently our General Counsel, will lead the new organization as the Deputy Commissioner for Disability Adjudication and Review. Jacy Thurmond, currently the Associate Commissioner for Hearings and Appeals, will move to the new organization as the Assistant Deputy Commissioner for Disability Adjudication and Review. Tom Crawley will serve as the Acting General Counsel.

Please join me in congratulating Lisa , Jacy and Tom on their new roles. I am sure they can count on your continued support.

Criticism of Constitutionality of Budget Reconciliation From The Right

Norman Ornstein at the American Enterprise Institute (AEI) is now describing the passage of the budget reconciliation bill as unconstitutional. AEI is generally labeled as a conservative or right wing think tank. The budget reconciliation bill affects many interests, but the effect on Social Security is primarily on the payment of back SSI benefits.

Apr 2, 2006

Too Much Asbestos at SSA?

Social Security's Office of Inspector General is critical of efforts to control asbestos in SSA buildings.

Apr 1, 2006

Upcoming Meetings and CLE

If you know of others, please e-mail me.