State Bar Of Michigan Social Security Newsletter

The Social Security Section of the State Bar of Michigan has issued its Summer 2006 newsletter. What may come as a surprise to attorneys in other states is that the Grand Rapids Hearing Office still copies Social Security files for attorneys who have hearings with that office.

An Interesting Old Story About Jo Anne Barnhart

Even with Jo Anne Barnhart's term as Social Security Commissioner ending in about four months, there is still interest in what sort of person she is, especially since she may be nominated for a second six year term as Commissioner. Here is an excerpt from an interesting old story from the Baltimore Sun about her, which came out at the time she was first nominated for the position:

Much of her career appears to have been shaped by her service to [former Republican Senator from Delaware] Roth, a former Senate Finance Committee chairman, for whom she worked off and on in several capacities since shortly after graduating from the University of Delaware in 1975.

Through the course of five Roth re-election campaigns and various stints on Roth's Senate staff, she developed into a fiercely protective senior adviser to the veteran lawmaker. She served him much as presidential counselor Karen Hughes serves President Bush, as chief spokesman and gatekeeper as well as a top tactician and alter-ego.

"She was intensely loyal to Roth and fiercely committed to [his] cause," said Brian Selander, press secretary to Delaware Democrat Thomas R. Carper, who defeated Roth last year in his bid for a sixth term at age 79.

Celia Cohen, a political writer who has covered Delaware politics for 20 years, called Barnhart "relentless."

The Roth campaign "was known as 'The Thrasher' because they just ground [rival candidates] up," said Cohen. "Jo Anne is very much a control person - nothing escaped her notice."

During the 1988 campaign, Cohen said, Barnhart was nine months pregnant with her son, Niles, and on the campaign trail full time. She left on a Friday, Cohen recalled, gave birth over the weekend and was in campaign headquarters directing traffic - with a days-old infant at her side - by Tuesday.

Public Citizen Lawsuit Dismissed

The lawsuit filed in the District of Columbia by Public Citizen claiming that the Deficit Reduction Act was unconstitutional because it was not passed in the same form by both houses of Congress has been dismissed. Among many other things, the Deficit Reduction Act made changes in the payment of back SSI benefits. The matter will now head to the Court of Appeals.

Filing Appeals By Telephone

Social Security has announced that appeals may now be filed by telephone. This is a significant step forward. In the past many claimants thought they had filed an appeal when they talked with Social Security on the telephone and were then shocked to discover that nothing happened on the appeal they thought they had filed -- because the telephone conversation was not an appeal, but merely a request for appeal forms that might or might not ever arrive, or which the claimant might or might not ever complete and return. This is effective immediately, although it is doubtful that many Social Security employees have been notified.

Debunking Social Security Myths

There are so many myths circulating on the internet concerning Social Security that the Social Security Administration has had to post information to try to set the record straight -- and the debunking has gone from one world wide web page to a second page. Snopes, a private service, also had one page and now a second page debunking these myths. All of these myths have a strongly anti-Social Security bias.

Social Security Quiz

Social Security must be putting out press releases designed for smaller newspapers to run as articles. This one is a quiz about Social Security designed for the lay public. The Norman Transcript just ran it. This sort of thing is harmless, but one has to wonder about the expenditure of funds on such a project when the Commissioner of Social Security is threatening to furlough employees due to lack of operating funds.

Federal Register Alert

The Office of Federal Register posts a summary notice as they receive items to be included in the next issue of the Federal Register. Social Security has today (August 11, 2006) filed a "notice", rather than a regulation or proposed regulation, that is to be published on Monday, that looks as if it might be significant. Here is the brief summary provided by the Office of Federal Register:

Social security benefits and supplemental security income:

Determinations or decisions; administrative review requests; additional options

Major Statistical Report On Social Security's Disability Programs

In honor of the 50th anniversary of the creation of the first Social Security disability program, Social Security's Office of Policy has produced an excellent statistical report on Social Security's disability programs. This is probably the best single statistical report on Social Security's disability programs that I have seen in more than 27 years or reading such reports. It is worthy of study by policymakers, by all SSA employees, by all Social Security disability benefits recipients and by all attorneys who represent Social Security disability claimants.

Bush Can't Let Go Of Social Security

From the Washington Post:

The Bush administration has begun sounding out lawmakers and other key figures about mounting a new bipartisan effort to rein in the costs of Medicare, Medicaid and Social Security after the midterm elections, according to officials in the administration and on Capitol Hill.

The Post reports that Bush "appears fixated on the issue."

However, Grover Norquist, a Republican strategist has a different view. He:

... said he can envision no circumstance in which Bush could secure any overhaul of the Social Security program, including creating personal accounts. "The Democrats cannot be bribed, cajoled or threatened into voting for Social Security reform -- it can't happen," he said.

Social Security Extends Tests

Social Security has extended testing on using Single Decisionmakers (SDM) in making initial determinations and in eliminating reconsideration. From today's Federal Register:

Current regulations at 20 CFR 404.906 and 416.1406 authorize us to test, individually, or in any combination, different modifications to thedisability determination procedures. We have conducted several tests under the authority of these rules, including a prototype that incorporates a number of modifications to the disability determination procedures that the DDSs use. The prototype included three redesign features, and we previously extended the tests of two of those features: the use of a single decisionmaker, in which a disability examiner may make the initial disability determination in most cases without requiring the signature of a medical consultant; and elimination of the reconsideration level of review. We are extending the testing of the two redesign features of the disability prototype.

We also have conducted another test involving the use of a single decisionmaker who may make the initial disability determination in most cases without requiring the signature of a medical consultant. We are extending the period during which we will select cases to be included in this test of the single decisionmaker feature in the following DDSs: West Virginia, Florida, Kentucky, North Carolina, Kansas, Nevada, Guam, and Washington. We are not extending this test in the Maine and Vermont DDSs due to the publication of the final rule change to 20 CFR 404.1527(f)(1). The rule change goes into effect on August 1, 2006 in the Boston Region only.