OIG Report on Rep Payee Problems

A recent report of Social Security's Office of Inspector General (OIG) indicates that there may be serious problems with benefits not being paid to claimants for extended periods of time while Social Security investigates whether a representative payee should be appointed to handle the claimants' benefits for them. The report states that:

As of September 2004, we estimate there were approximately 10,780 beneficiaries in suspended status pending the selection of a representative payee (see Appendix C). Based on a review of 539 of these beneficiaries, we estimate that approximately
• $4.6 million in benefits was improperly suspended and should have been paid directly to about 1,700 beneficiaries;
• $5.2 million in benefits payable to about 1,580 beneficiaries was not reinstated, as required, after 1 month; and
• $5.7 million in benefits was withheld from about 2,220 children under age 15 for an average of 252 days.
In addition, SSA could not locate 11 of the 539 beneficiaries who remained in suspended status pending the selection of a representative payee.

AFGE Protests Budget Cuts At SSA

Witold Skwiercznsxi, president of the National Council of Field Office Operations Locals of the American Federation of Government Employees (AFGE), a labor union that represents 28,000 Social Security employees, has issued a press release objecting to attempts to cut Social Security's operating budget.

Feedback on Tremolite

Mike Bliven of Montana disagreed with my suggestion that Social Security Ruling 06-01p on diseases associated with tremolite exposure would be of little consequence:

While I have great respect for you and your work in the field, I respectfully disagree with your blog of today’s date on SSR 06-01. I could not post a response to your blog, so I am sending you this email. While not a magic bullet, this SSR will be helpful to the Montana tremolite victims in their claims – or at least as helpful as any SSR could be. The SSA must still apply it and comply with the Regulations. I know because I represent many of these claimants. This SSR took into account input from the victims of the tremolite exposure, including Montana victims, their treating physicians and other sources, with much effort on the part of Senator Baucus and his staff who work on Social Security issues. The Commissioner’s recent “unpublicized” changes to the regulations, will not go into effect in this part of the country for years and I question how they would help these folks – with the exception of possibly speeding up part of the process by eliminating Reconsideration (which is a meaningless delay here for 87% of applicants). This SSR is in effect now and will be of immediate assistance in the consideration of the claims to those whom it applies if it is followed by Montana DDS, ALJs, and the Appeals Council (or whatever it becomes while it remains).

Woman Convicted of Social Security Fraud For Using Child's Benefits To Buy Crack

Wendy Carpenter of Cedar Rapids, Iowa has been convicted for using Social Security disability benefits paid to her child to buy crack cocaine according to the WCF Courier.

New HALLEX On Bench Decisions

The Social Security Administration has issued additional instructions in its HALLEX Manual on Administrative Law Judge bench decisions. The new instructions allow bench decisions in widows and widowers, disabled adult child and most child's SSI cases.

Supreme Court Denies Cert

The United States Supreme Court has denied certiorari, that is they have refused to review, a decision of the Fourth Circuit Court of Appeals that denied a constitutional challenge on free speech grounds to a law forbidding private mailings that appear to be from the Social Security Administration. A conservative group had used the words "Social Security Alert" on the outside of an envelope used in a mass mailing.

Supervisory RO Position Advertised

Social Security has advertised the availability of a supervisory Reviewing Officer (RO) position. This is a GS 15 job. As described, the supervisory RO"serves as an advisor to higher-level management in OFedRO and as a first line supervisor in an Operational Division on all matters related to the ongoing operations of assigned functions." The announcement states that there are "many vacancies."

Access To Social Security's Computers

There have been many reports that Social Security has been working on ways to allow claimants and their attorneys to have limited access to Social Security's computer records. It has never been clear how soon this would be coming into general use. A document that Social Security published in the Federal Register suggests that it may not be much longer. Under the Paperwork Reduction Act, whenever Social Security or any other agency requests information from the public in any systematic way, the agency has to request clearance from the Office of Management and Budget. A summary of what is planned must be posted in the Federal Register. Social Security has published a notice in the Federal Register that it intends to request that individuals provide passwords to obtain internet access to Social Security's computer records. Actually, to some extent this is old news since Social Security had already obtained clearance for the use of passwords for trials that have been underway. Now Social Security is providing some different numbers for the number of people they expect to be providing passwords. It is now estimated to be 1,630,771 per year, signaling a dramatic expansion coming soon.

Will Lockhart Step Down at SSA Upon Confirmation at OFHEO?

There was an earlier report that James Lockhart, Deputy Commissioner of Social Security, who has been nominated to become the Director of the Office of Federal Housing Enterprise Oversight (OFHEO), and who is currently the Acting Head of OFHEO would not resign his job at Social Security and would be able to draw both salaries even if confirmed at OFHEO. However, the Government Sponsored Enterprise Report states that Lockhart will have to resign the Social Security job once confirmed. The same report indicates that another Social Security official, Edward DeMarch, may be joining Lockhart at OFHEO.

Deputy Chief Federal Reviewing Official Job Advertised

Social Security has announced a job vacancy for a Deputy Chief Federal Reviewing Official. The job is described as:

The Deputy Chief Federal Reviewing Official serves as full deputy and "alter ego" to the Chief Federal Reviewing Official (Associate Commissioner, Office of the Federal Reviewing Official) and is responsible and accountable for the overall program management, direction, planning, objectives, policy-making, and coordination of the Office of the Federal Reviewing Official. Assumes full responsibility for operations in the absence of the Chief Federal Reviewing Official and acts on all matters with full authority of commitment within assigned jurisdiction.

It is a GS 15 job. The announcement indicates that "background and/or security investigation required." Can Social Security do the interviewing as well as the investigation and get someone in the job by August 1, when the Reviewing Official program is supposed to start functioning?