Nov 14, 2008

The Audacity Of Hope


In 1981 the Social Security Subcommittee in the House of Representatives published a staff report with the title "Social Security Hearings and Appeals: Pending Problems and Proposed Solutions." This is not available online. The report began "The backlog of social security administrative law judge hearings is rapidly reaching crisis proportions."

Click on the attached page from that report showing the situation at that point and compare it to the current situation. If the situation in 1981 was a near crisis, how should the current situation be described?

The current Commissioner of Social Security tells us things are getting better because they are getting worse at a slower rate than they used to. His goal is to slowly, slowly work towards a situation in which it would take about a year to get a hearing. before an Administrative Law Judge. He believes that this would constitute normality, even though he was working at Social Security at the time this report was produced in 1981. I do not think many people believe that the Commissioner even has a plan to reduce the backlog at all, but his plan, even taken at face value, would take us to a place that would be much worse than what seemed intolerable in 1981.

The late Senator Daniel Patrick Moynihan coined the phrase "defining deviancy down" to describe permissiveness in criminal justice. Commissioner Astrue is trying to define adequate service down at Social Security in a dramatic manner.

Barack Obama titled his second book, The Audacity Of Hope. I think we should take this title seriously. We should aspire to levels of service at the Social Security Administration comparable to what they were before Ronald Reagan was elected President. Anything less seems to me lacking in both audacity and hope.

We have a political situation that has not been present since at least 1964 -- a Democrat elected President with a strong mandate and a heavily Democratic Congress. Don't tell me that we cannot aspire to really do something about the mess at Social Security.

Nov 13, 2008

What Would You Say To The Transition Team?

A team from the Obama transition will be visiting the Social Security Administration soon to talk with the Commissioner and other high level officials. If you had a chance to talk with the Obama transition team, what would you say?

Nov 12, 2008

Personnel Announcement For Transition

The Obama Transition Team has started to announce some of the people who will be doing agency reviews. Tom Perez will be heading up the agency reviews for Justice, Health and Human services, Veterans Affairs, and Housing and Urban Development, the group that seems most likely to include Social Security. Here is a little information about Perez:
He is Secretary of the Maryland Department of Labor, Licensing and Regulation under Governor Martin O’Malley. He worked in a variety of civil rights positions at the Department of Justice, including Deputy Assistant Attorney General for Civil Rights under Attorney General Janet Reno. He also served as Director of the Office for Civil Rights at the U.S. Department of Health and Human Services under Secretary Donna Shalala, and as Special Counsel to Senator Edward Kennedy. From 2001 until 2007, he was Assistant Professor of Law at the University of Maryland School of Law, and is an adjunct faculty member at the George Washington School of Public Health.
No word yet on who will be on the "parachute team" that will be landing on Social Security in the near future.

Class Actions

After Republicans took control of Congress in 1994, they quickly passed the Legal Aid Act of 1995, which banned federally funded legal aid organizations from bringing class actions. My recollection is that the Republicans threatened to cut off all funding for legal aid in order to get President Clinton to sign the bill. This had the unfortunate effect of almost completely ending class actions against the Social Security Administration. In the 1980s and 1990s class actions had a major beneficial effect upon Social Security.

There was an op ed piece in the New York Times back in April calling for an end to the ban on federally funded legal aid organizations bringing class actions. There was a piece in The Nation in January calling for the same thing. I do not think that the friends of legal aid have forgotten about this issue or regard it as closed. I hope that this will get a hearing in the new Congress.

Nov 11, 2008

Nov 10, 2008

Federal Register Items

Social Security has adopted new rules that say that "any [representative] payee who previously satisfied the payee investigation criteria, including a face-to-face interview, and currently serves as a payee generally need not appear for another face-to-face interview when subsequently applying to become a payee unless we determine within our discretion, that a new faceto- face interview is necessary."

The proposed rules that I have discussed here and here that would take away the right of an Administrative Law Judge (ALJ) to schedule his or her hearings and let the Social Security Administration do the scheduling are the the Federal Register today. This may sound technical, but it is a big deal.

Finally, Commissioner Astrue has scheduled a public hearing for November 18 in Fort Myer, VA on his Compassionate Allowance plan and it is clear that he is planning to hold the hearing himself. In and of itself, the public hearing, like the Compassionate Allowance plan itself, is trivial but scheduling this is an indication that Michael Astrue is not leaving his position as Commissioner in the immediate future.

Nov 9, 2008

Nov 8, 2008

Automation Updates

The National Council of Social Security Management Associations (NCSSMA), an organization of Social Security management personnel, has posted a summary of a recent meeting their board had with officials from Social Security's Office of Automation Support (OAS). This gives a good deal of information about the current status of information technology updates at Social Security.

Nov 7, 2008

Byrd Stepping Down As Chair Of Senate Appropriations Committee

Senator Byrd is stepping down as chairman of the Senate Appropriations Committee to be replaced by Senator Inouye, according to Reuters. Senator Byrd's health has been declining.

Comments On Proposed Representation Regulations From Organizations

Here are links to comments filed on the proposed regulations on representation of claimants coming from important organizations:
Today is the deadline for filing comments. You can post your comments online.