DSI New Decisional Software

Some excerpts from the minutes of recent Executive Committee meetings of the National Council of Social Security Management Associations (NCSSMA) (emphasis added):

The DDS’s will have new software that will walk them through the decision making process [under DSI] to improve accuracy and consistency. They believe that the cases will initially take them longer due to the learning curve of the new software. It will probably not take less time but will standardize and upgrade the quality of the product...

Now the first appeal level is the federal reviewing officials (FEDRO) that will be centralized in Falls Church, VA. ... This level of appeal is expected to take the same amount of time as a reconsideration takes now. However, due to the quality of the decision making using the new software, the expectation is that allowance will be identified sooner keeping some cases out of ODAR (formally [sic] OHA). If the FEDRO disagrees with anything that the DDS documented, they have to document point by point what the changes are. The changes will be sent to the DDS so that they can see where issues are being overturned...

The judges have to follow the same process using similar software as DDS and the FEDRO.

There have been indications all along that Social Security intended to use some new software for the DSI experiment. It was unclear though whether this was merely sofware designed to keep track of cases or whether it was more substantive, software that would potentially have an effect upon how the case was decided. The material above makes it fairly clear that this new software is substantive. This raises at least a couple of issues. First, will it work? SSA has a history of trying to implement software that did not work and had to be abandoned. If that happens, DSI is likely to die quickly. Second, to what extent will the new software influence the outcome by making it harder for ROs and ALJs to overturn prior decisions? It sounds from the description above that this is the intended result. At the initial level all that DDS must do is to make a decision. At the RO or ALJ level, there must be "point by point" documentation to justify overturning the prior decision. This could easily make the ALJ hearing something other than a de novo proceeding.

This also adds a new abbreviation -- FEDRO. That name makes anyone who has traveled much on I-95 think of South of the Border.

SSA To Contract Out Fraud Investigation

Social Security has announced its intention to contract out fraud investigation to the Cook County, IL Sheriff's Department. The announcement makes it clear that SSA expects the Sheriff's Department to make arrests.

Disabled Veterans Not Applying for Social Security Disability Benefits?

The Congressional Budget Office reports that only 15% of those who receive Veterans' Disability benefits are also receiving Social Security disability benefits. It is unclear how many of these disabled veterans should be receiving Social Security disability benefits. Most of those on VA benefits receive only partial disability benefits, such as 10% or 20%, while Social Security disability benefits are either 100% or nothing. Also, many of the veterans are beyond Social Security's full retirement age and can no longer be eligible for Social Security disability benefits.

Eileen Sweeney Passes

This month's newsletter from the National Organization of Social Security Claimants Representatives (NOSSCR), the Social Security Forum, contains the depressing news that Eileen Sweeney passed away on June 13, 2006. Eileen had been an incredibly effective advocate for Social Security claimants. She had been a mainstay of the National Senior Citizens Law Center and later played a key role at the Children's Defense Fund and the Center on Budget and Policy Priorities. She will be greatly missed.

SSA Gives Awards

The Dover Post reports that Jo Anne Barnhart, Commissioner of Social Security, visited Delaware, her home state, this week and handed out Social Security's Public Service Awards to Ruth Anne Beideman and April Willey for helping advise seniors on the Medicare Prescription Drug benefit. A local Social Security manager handed out the same award, for much the same reason in Pennsylvania to Anne Rappaport and Joe Giebus according to the Times Leader.

An Unknown Hero And A Pariah

For several years Social Security has been working on straightening out what it refers to the Special Disability Workload (SDW), a complicated mess affecting benefit payments to tens of thousands of disabled individuals, many of whom were badly underpaid. What has not been revealed to the public was how this came to light. The Los Angeles Times reports on Ronald Cooley, the Social Security employee who found the problem, or set of problems, and forced the agency to begin the process of making things right. Cooley has been recognized already for his achievement, with $45,000 of cash rewards. Social Security Commissioner Barnhard has recommended him for $32,000 more, but the Office of Personnel Management is blocking the payment -- prompting Cooley to sue, but that is not his only problem. Cooley reports that he is now regarded as a pariah by many at Social Security. The L.A. Times quotes Cooley as saying:

Social Security officials have made it very clear that they don't want to hear any more from me about agency mistakes ... When I bring up new groups of severely underpaid — and in some cases severely overpaid — beneficiaries, they ignore or dismiss my information. I have definitely been frozen out.

Skwierczynski Speaks

From an AFGE press release:

Witold Skwierczynski, the American Federation of Government Employees' (AFGE) National Council of Social Security Field Operations Locals President, will appear on AFGE’s new radio program on Friday, July 14 at 10 a.m. EDT on www.federalnewsradio.com and 1050 AM in the Washington, D.C., area.

“Inside Government” is a one-hour weekly nationwide radio/Internet program dedicated to issues that impact all federal employees.

Skwierczynski is a keen observer of developments within the Social Security Administration, who speaks bluntly. The possibility of furloughs of SSA personnel is certain to come up during this show.

36 Applicants to Take NC Social Security Specialization Exam

The NC State Bar is the first in the nation to offer an examination process by which attorneys may become board certified specialists in Social Security Disability Law. (Tennessee accepts the certification of the National Board of Trial Advocacy which has just started offering a similar certification on a national basis -- a certification that most state bars do not accept.) The deadline to apply to take the NC exam was June 30. Thirty-six NC attorneys have applied to take the exam this year. This high degree of interest is likely to spur other states to offer this specialty.

Fugitive Felon

The Baxter Bulletin has a story on Albert Roy, who found himself in desperate staits after he was discovered to be a "fugitive felon" and suffered a cutoff of Social Security disability benefits. Fortunately, Roy's neighbors helped him over a difficult time until the State of Texas dismissed an old charge, that apparently was never a felony to begin with.

SSA Not The Only Agency With Disability Adjudication Backlogs

The Army Times reports on growing backlogs at the Court of Veterans Appeals, which deals primarily with Veterans Disability Benefits appeals. The backlog has more than doubled in the last two years to 5,800. It is now taking a year for a case to go through the Court.