Lump Sum Veterans' Disability Benefits?

The Veterans' Disability Benefits Commission will be holding a meeting on September 13-15 to discuss the possibility of paying Veterans' disability benefits as a lump sum. If this were adopted, there is little doubt that the idea would come under active consideration for Social Security. There have been vague considerations of this concept in the past, but it has never gotten serious consideration for Social Security disability benefits.

Social Security Court Idea Comes Up Again

The idea of a Social Security Court has come up again. This concept has come up again and again for at least the last 25 years. The American Bar Association Section on Administrative Law and Regulatory Practice has set up a CLE session on October 27 to discuss the idea of a Social Security Court. The lineup of speakers suggests that this concept will not be recommended by most of the speakers. Here is the announcement:

3:15pm – 5:00pm
A Social Security Court: Does the Structure of Such a Court Enhance its Justifications or its Criticisms? (1.5 hrs CLE)

This program will examine the well-known arguments for and against a proposed Article I social security court from the perspective of the form or structure of the court. This focus is new and moves the discussion from the theoretical to a realistic consideration of whether the form of the court supports the arguments for, or against, the court. For an initial frame of reference, speakers will be provided with the proposed structure advanced by ALJ Robin Arzt, with the clear understanding that this proposal is just the starting point for the discussion, and that the program does not have any position on the utility or desirability of a social security court, or this or any other format for the court. The diverse positions of the commentators on the proposal, or on the concept of a social security court itself, will provide a spirited discussion and develop new perspectives on the problem. Since the Administration is examining and implementing new ways of addressing the adjudication of social security claims, and the SSAB is on record in favor of a social security court, the program will assist administrative law practitioners as well as ALJs and government officials in considering, evaluating and responding to any formal proposal for a social security court that may be made.

Panelists:

Paul Verkuil, Professor, Cardozo School of Law, Yeshiva University, New York, NY

Hon. Robin Arzt, Administrative Law Judge, Social Security Administration, New York, NY*

Rudolph Patterson, Partner, Westmoreland, Patterson, Moseley & Hinson, LLP, Macon, GA

Hon . Jodi Levine, Administrative Law Judge, Social Security Administration, Oklahoma City, OK*

Robert Rains, Professor and Director, Disability Law Clinic, Dickinson School of Law, Pennsylvania State University, Carlisle, PA

Nancy Shor, Executive Director, National Organization of Social Security Claimants Representatives, Englewood Cliffs, NJ

Moderator:

James F. Flanagan, Professor, University of South Carolina School of Law, Columbia, SC

Disability Mentoring Day Coming Up

From a public notice filed by SSA:

The Social Security Administration (SSA) intends to award a sole source purchase order to the American Association of People with Disabilities (AAPD), located at 1629 K Street NW, Suite 503, Washington, DC 20006-1634 to provide consultative services that will assist SSA in its outreach efforts during the 2006 Disability Mentoring Day (DMD). DMD is a large-scale effort designed to promote career development for students and other job seekers with disabilities through hands-on career exploration, job shadowing, internship or employment opportunities, and matching of mentee/mentor relationships. AAPD is a nonprofit organization that is familiar with SSA's target population and can provide the personnel, materials, services, and equipment necessary to assure the success of SSA's outreach efforts during DMD. SSA believes that AAPD is the only source qualified to meet our needs.

There is no word on when this day is coming up.

1/3 Of A Billion Dollars

YouTube now contains videos of some television advertisements by attorneys seeking Social Security clients. Take a look at this ad from Brown & Cruppen of St. Louis. Here is another one from the same firm.

Upcoming Meetings and CLE

• September 8, 2006 Louisiana State Bar CLE, New Orleans, LA
• September 8, 2006 SSI Coalitition Meeting, Boston, MA
  
• September 11-13, 2006 Natonal Association of Disability Examiners (NADE) Regional Training Conference, Jefferson City, MO
  
• September 16-21, 2006 NADE National Conference, San Diego, CA
• September 19, 2006 Alleghany County Bar Association CLE, Pittsburg, PA
  
• September 21, 2006, Social Security Advisory Board Meeting, Washington, DC
• October 3, 2006 Valpariso Law School CLE, Valpariso, IN
  
• October 6-7, National Council of Social Security Management Associations (NCSSMA) Regional Meeting, Atlanta, GA
  
• October 11-14, 2006 National Organization of Social Security Claimants Representatives (NOSSCR) CLE, Phoenix, AZ
• October 16-19, 2006 NCSSMA National Meeting, Milwaukee, WI
• October 24, 2006 D.C. Bar CLE, Washington, D.C.
  
• November 2-4 2006, NCSSMA Regional Meeting, San Juan, PR
  
• November 17, 2006 SSI Coalition Meeting, Boston, MA
• March 9, 2007 Ohio Academy of Trial Lawyers CLE, Columbus, OH
  
• April 18-20 2007, NADE Regional Conference, Albuquerque, NM
  
• April 18-21 2007, NOSSCR CLE, Baltimore, MD
• May 7-10 2007, NADE Regional Conference, Atlanta, GA
  
• May 20-23, 2007, National Association of Disability Examiners Meeting, Stowe, VE
• October 17-20, 2007, NOSSCR CLE, St. Louis, MO
• April 8-11, 2008 NADE Regional Conference, Austin, TX

The Crime Beat

Lawrence Okun of Kenmore, NY has pleaded guilty to Social Security fraud. Okun had used his late brother's identity to work from 1997 to 2005 while drawing Social Security disability benefits, according to the Buffalo News.

Articles On Social Security Disability

This month's Social Security Bulletin is devoted to articles about the disability programs administered by SSA. Included is an excellent history of the Social Security disability programs. Social Security's Chief Actuary, Stephen Goss, contributed an article with the following sobering news:

The latest trustees report (2006) indicates that the DI Trust Fund is projected under the trustees intermediate assumptions to remain solvent until 2025, during which year the trust fund is projected to become exhausted. If these assumptions are realized, and there is no Congressional action between now and 2025, monthly benefits scheduled in the law would no longer be payable in full on a timely basis after the exhaustion of the trust fund assets. However, even in this case, continuing tax income for the program would be sufficient to pay 82 percent of scheduled benefits for the remainder of 2025. Due to projected further increases in the cost of the program above the expected tax income, the percentage of scheduled benefits that would be payable would decline very gradually, reaching 75 percent for 2080.

More On Possible Furloughs For SSA Employees

From the minutes of an August 16, 2006 conference call of the Board of the National Council of Social Security Management Associations:

Jim Burkert reported that the Commissioner and Linda spoke at the dedication of the new Auburn WA teleservice center. There were managers in attendance from all over the region. The Commissioner stated that for every $100 million we lose in budget, it’s an extra 5 days of furlough per employee. The funding level recommended by the Senate Appropriations Committee looks like it would result in a 10-day furlough. The Commissioner also stated that the entire Agency would be furloughed at one time and mentioned the possibly of closing all offices (1) day a month rather than a straight 10-day furlough. This would allow the Agency to save on heat, guard service, etc. She stated that the Agency can’t cut everything else just to avoid furloughs. The Agency will look very closely at what makes the best sense to cut.

The Commissioner also talked about conducting a pilot to close 30 offices (1) day a week. The purpose is to determine if the Agency gains productivity by enabling offices uninterrupted time to process work.

New Edition Of My Book Available

The 2006 edition of my book, Social Security Disability Practice, is now available for purchase from the West Group. Beyond the usual updating, the new edition includes lists of common medical abbreviations and acronyms for the 61 medical conditions most commonly encountered in Social Security disability claims.

Commissioner of Social Security

According to a Social Security Press Office Fact Sheet Jo Anne Barnhart's term as Commissioner of Social Security expires on January 19, 2007. With the end of her term so near it is not surprising that rumors have already started about her future.

There was a report at one time that Barnhart hoped for another term as Commissioner. It is unclear whether she still is interested or if the President is interested. Barnhart's support for the President's Social Security "reform" proposal was half-hearted at best.

It is unclear whether Barnhart, or anyone else appointed by President Bush, could be confirmed as Commissioner. The Commissioner has a six year term. This takes the next Commissioner through the entire term of the next president. Democrats may wish to prevent anyone appointed by Bush from being confirmed so that the next president can appoint his or her own man or woman to the job. There is an easy pretext for blocking confirmation. It seems obvious that Bush will appoint someone who supports his ideas for Social Security "reform", which Democrats call privatization. Even Barnhart publically supported Bush's plan to some extent. Although the Commissioner of Social Security has little role in this debate -- and, indeed, the debate is over for all practical purposes -- Democrats can easily seize upon this as grounds for refusing to confirm someone appointed by Bush.

Regardless of whom the President nominates for Commissioner of Social Security, there will be an Acting Commissioner after January 19, 2007 for a period of at least a few months in 2007, since it will take that long for the Senate to act upon a nomination. That person could end up being Acting Commissioner for two years or more if no one appointed by President Bush can be confirmed as Commissioner.

Earlier this year, the President issued an order setting forth the following line of succession for Commissioner of Social Security:

Deputy Commissioner of Social Security (vacant)
Chief of Staff -- Larry Dye
Deputy Commissioner for Operations -- Linda McMahon
Regional Commissioner, Philadelphia -- Laurie Watkins
Regional Commissioner, Dallas -- Ramona Schuenemeyer

We may become very familiar with Mr. Dye next year, or maybe not, since he may not stay around Social Security if Barnhart leaves, or Bush could alter the succession order. Here is Dye's biography provided by NOSSCR:

Larry Dye, Chief of Staff, has worked in government and politics since 1971. His federal service includes more than 15 years on Capitol Hill. He has worked on both the House and Senate side of the Hill in a variety of capacities, including research assistant, executive assistant, professional committee staff, budget analyst and chief of staff. In the political realm, he has worked on a variety of campaigns. Larry is a sixth-generation Kentuckian and graduated from Centre College of Kentucky. He also was an Eagleton Fellow at Rutgers University before moving to Washington, D.C., to begin his first job at the Republican National Committee.

The important thing about this is that Dye is not a career Social Security employee. He is a long time Republican operative.