Outcomes Chart

Courtesy of the National Organization of Social Security Claimants Representatives (NOSSCR). Click on the image to see it full size.

SSI County Data Released

Social Security's Office of Policy Data (is that a new name?) has issued a report entitled SSI Recipients by State and County, 2007. Useful for those objecting to a field office closure. Useful to an attorney who wonders where potential clients might live.

Congressional News

A legislative bulletin from the Social Security Administration:

House Passes H.R. 6081, the “Heroes Earnings Assistance and Relief Tax (HEART) Act of 2008”

On May 20, 2008, the House of Representatives passed H.R. 6081, the “Heroes Earnings Assistance and Relief Tax (HEART) Act of 2008,” by a vote of 403 - 0. H.R. 6081 is similar to H.R. 3997, different versions of which passed the House and the Senate last year. (See Legislative Bulletins 110-15 and 110-16.)

The new version of the HEART Act contains the following provisions of interest to SSA:

Taxable Wage Exclusions for Volunteer Firefighters and Medical Responders

• Would amend the Internal Revenue Code and the Social Security Act to exclude from FICA taxable wages any property tax rebate or other qualified benefit provided to volunteer firefighters and emergency medical responders in return for labor services. The IRS has previously ruled that such payments constitute compensation for services performed. Would be effective as if included in Section 5 of the Mortgage Forgiveness Debt Relief Act of 2007 (i.e., January 1, 2008).

Military and National Service Related Changes to the SSI Program

• Would treat most cash military compensation as earned income for SSI purposes, thus allowing the service member to benefit from the SSI program's more favorable consideration of earned income.

• Would codify SSA's policy regarding consideration of privatized military housing allowances. In situations where the allowance is withdrawn directly from a service member's pay by military payroll and paid to the landlord, the allowance would be considered in-kind income and the SSI benefit reduction attributable to the housing allowance would be capped at one-third of the Federal Benefit Rate. In other cases, housing allowances would be considered earned income.

• Would exclude State-provided pensions for aged, blind or disabled veterans (or their spouses) from income consideration for SSI purposes. Such payments would also be excluded as a resource for SSI purposes.

• Would exclude any cash or in-kind benefits provided under an AmeriCorps program from income consideration for SSI purposes. Under current law, AmeriCorp VISTA payments are already excluded from such consideration, but AmeriCorps National Civilian Community Corps and Americorps State/National program payments are countable.

• All SSI-related provisions would be effective for benefits payable for months beginning 60 days after enactment.

Consideration of Offshore Companies for FICA Tax Purposes

• Would end the practice of U.S. government contractors setting up shell companies in foreign jurisdictions to avoid payroll taxes. The legislation amends the Internal Revenue Code and the Social Security Act to treat foreign subsidiaries of U.S. companies performing services under contract with the United States government as American employers for the purpose of Social Security and Medicare payroll taxes. This change would affect U.S. citizens and U.S. residents working for these subsidiaries. Would be effective upon enactment.

The last provision is aimed at military contractors who have been making contract employees in Iraq employees of offshore subsidiaries.

Andrew Biggs Has A Blog

I hate to keep going back to the subject of Andrew Biggs, the vocal proponent of Social Security privatization to whom President Bush gave an interim appointment as Deputy Commissioner of Social Security, but Biggs has not had the good grace to stay out of sight after resigning his position. Biggs now has his own blog. If you wish to travel to an alternative universe, take a look.

New Acting Deputy Commissioner

My understanding is that Jason Fichtner has been appointed as the Acting Deputy Commissioner of Social Security, replacing Andrew Biggs. Fichtner has been working as the Associate Commissioner for Retirement Policy, which had been Biggs' old job.

I could guess that it would be impossible for Fichtner to be in the same job that Biggs had been in without sharing many of Biggs' belief, but I do not know. At this point in the Bush Administration, I am not sure that it matters.

San Francisco TV Station On Backlogs

San Francisco TV station KGO is running a story on disability appeals backlogs at Social Security.

No Comment Department

From the Associated Press:

Todd Davis has dared criminals for two years to try stealing his identity: Ads for his fraud-prevention company, LifeLock, even offer his Social Security number next to his smiling mug.

Now, Lifelock customers in Maryland, New Jersey and West Virginia are suing Davis, claiming his service didn't work as promised and he knew it wouldn't, because the service had failed even him.

Attorney David Paris said he found records of other people applying for or receiving driver's licenses at least 20 times using Davis' Social Security number, though some of the applications may have been rejected because data in them didn't match what the Social Security Administration had on file.

It's Not Just Social Security

From a piece by Paul C. Light at Politico:

The problem is that the federal government is perilously close to the breaking point. Unless the next president takes the lead in fixing government, he or she will preside over a string of meltdowns that will make the federal response to Hurricane Katrina look like a minor mistake.

Just imagine for a moment the worst possible circumstances for running a high-performing government.

First, the federal government would be given missions that stretch well beyond its resources. Asked to do more with less, federal employees would eventually be forced to do everything with almost nothing. Old missions would never fade away, even as new missions would suck up scarce resources. ...

The place to start building a government well executed is to talk about it. Instead of frittering away their time on gasoline tax holidays or complaining about congressional earmarks, the three candidates should put their government reform ideas on the table.

The media should also start asking about the recent meltdowns and why none of the candidates has said word one about the shortages of food and airplane inspectors, tax collectors, passenger screeners, and Social Security claims representatives. ...

Finally, Americans should stop pretending that the federal government can succeed without an immediate infusion of the resources to do its job. Either that, or start a betting pool on the next government meltdown. It is coming soon to front pages everywhere.

Press Release On Ticket To Work

A Social Security Administration press release:

The Social Security Administration issued final rules designed to improve the Ticket to Work program. The changes will improve the effectiveness of the Ticket program in assisting beneficiaries with disabilities who want to work.

“These rules outline a new and improved Ticket to Work program and are based on learning from our experiences, listening to input from interested parties, and responding to their suggestions,” said Michael J. Astrue, Commissioner of Social Security. “Beneficiaries with disabilities will have greater flexibility and expanded choices in obtaining the services they need to attain their employment goals.”

The new Ticket to Work program rules:

• Include more beneficiaries under the Program--The population of individuals eligible for a Ticket is expanded to include beneficiaries who are expected to medically improve.

• Increase incentive payments for Employment Networks (ENs)--The new rules modify the EN payment systems to create greater financial incentives for service providers to participate, which will improve beneficiary access to services and expand the pool of quality providers available to serve beneficiaries.

• Increase the value of the Ticket--The rules for Ticket assignment are changed to enable beneficiaries with disabilities to take advantage of a more effective combination of services from both State Vocational Rehabilitation agencies and ENs.

• Synergize efforts--The new rules promote better alignment of the Ticket to Work Program, the Work Incentives Planning and Assistance Program, the Protection and Advocacy for Beneficiaries of Social Security Program, and other Social Security work incentive initiatives.

"Thus far, the results of the Ticket to Work program have been less than everyone expected and clearly less than Congress intended," Commissioner Astrue said. "We need to monitor the results of today’s regulation closely, but it is highly likely that Congress will need to revisit the statute in the next few years in order to achieve the goals that Congress intended."

In preparation for the new Ticket to Work program, Social Security is undertaking a major recruitment effort to increase the number of organizations functioning as ENs. Social Security also is initiating targeted outreach to promote the Program to more beneficiaries and to encourage their participation. In addition, Social Security is presenting at national and state conferences and bringing beneficiaries and ENs together at local Work Incentives Seminars (WISE events) throughout the country.

The Ticket to Work and Work Incentives Improvement Act of 1999 established the Ticket to Work and Self-Sufficiency Program. The purpose of the Ticket to Work program is to expand the universe of service providers available to beneficiaries with disabilities who are seeking vocational rehabilitation, employment and related support services. These service providers are available to assist beneficiaries in obtaining, regaining and maintaining self-supporting employment. Available in all 50 States and the US territories, the Ticket to Work program is an important component in a coordinated series of work incentives and initiatives that are designed to help overcome barriers to employment often experienced by beneficiaries with disabilities.

The final rule can be accessed through the Federal Register online at www.regulations.gov .

Miami Herald On immigration Enforcement

The Miami Herald is running a story on the problems associated with using the Social Security Administration for immigration enforcement.