Decision Fatigue

From the New York Times Magazine:

Three men doing time in Israeli prisons recently appeared before a parole board consisting of a judge, a criminologist and a social worker. The three prisoners had completed at least two-thirds of their sentences, but the parole board granted freedom to only one of them. Guess which one:

• Case 1 (heard at 8:50 a.m.): An Arab Israeli serving a 30-month sentence for fraud.
• Case 2 (heard at 3:10 p.m.): A Jewish Israeli serving a 16-month sentence for assault.
• Case 3 (heard at 4:25 p.m.): An Arab Israeli serving a 30-month sentence for fraud. 

There was a pattern to the parole board’s decisions, but it wasn’t related to the men’s ethnic backgrounds, crimes or sentences. It was all about timing, as researchers discovered by analyzing more than 1,100 decisions over the course of a year. Judges, who would hear the prisoners’ appeals and then get advice from the other members of the board, approved parole in about a third of the cases, but the probability of being paroled fluctuated wildly throughout the day. Prisoners who appeared early in the morning received parole about 70 percent of the time, while those who appeared late in the day were paroled less than 10 percent of the time.

The odds favored the prisoner who appeared at 8:50 a.m. — and he did in fact receive parole. But even though the other Arab Israeli prisoner was serving the same sentence for the same crime — fraud — the odds were against him when he appeared (on a different day) at 4:25 in the afternoon. He was denied parole, as was the Jewish Israeli prisoner at 3:10 p.m, whose sentence was shorter than that of the man who was released. They were just asking for parole at the wrong time of day. 

There was nothing malicious or even unusual about the judges’ behavior, which was reported earlier this year by Jonathan Levav of Stanford and Shai Danziger of Ben-Gurion University. The judges’ erratic judgment was due to the occupational hazard of being, as George W. Bush once put it, “the decider.” The mental work of ruling on case after case, whatever the individual merits, wore them down. This sort of decision fatigue can make quarterbacks prone to dubious choices late in the game and C.F.O.’s prone to disastrous dalliances late in the evening. It routinely warps the judgment of everyone, executive and nonexecutive, rich and poor — in fact, it can take a special toll on the poor. Yet few people are even aware of it, and researchers are only beginning to understand why it happens and how to counteract it. 

 Do you think this has any relevance to Social Security?

Did You Know This Guy Is Leading In the Republican Presidential Polls?

The Houston Chronicle quotes Texas governor and Republican Presidential candidate Rick Perry as saying that Social Security "is a Ponzi scheme for these young people. The idea that they're working and paying into Social Security today, that the current program is going to be there for them, is a lie ... It is a monstrous lie on this generation, and we can't do that to them."

Kentucky Supreme Count Holds That Child Benefits Do Not Reduce Child Support Obligation

The Kentucky Supreme Court has issued an unpublished opinion holding that "Social Security benefits received by a child as a result of a parent’s disability—unlike other types of benefits, such as SSI—are not the type of “independent financial resources” that would permit a deviation from the child support guidelines ..." This question comes up fairly frequently around the country. There are fewer published opinions on this than one would expect.

Man Shot To Death At Detroit Social Security Office

CBS Detroit reports that "One man is killed, another flees on foot Friday night around 5:30 p.m. after a Detroit security guard fires nine shots at two men who jumped a fence at the Social Security office near Wyoming and 7 Mile Road."

Update: There was a break-in at the Social Security office but there are serious questions about the security guard's behavior.

Identity Theft Hearing Scheduled

From an announcement by the House Ways and Means Committee:

U.S. Congressman Sam Johnson (R-TX), Chairman of the House Committee on Ways and Means Subcommittee on Social Security announced today that the Subcommittee will hold a field hearing on Social Security numbers (SSNs) and child identity theft.  The hearing will take place on Thursday, September 1, 2011 in the Plano City Council Chamber, 1520 Avenue K, Plano, Texas at 12:00 p.m. Central Standard Time. 

Social Security By The Numbers

I recently posted a piece on my firm's website on Social Security By The Numbers that I had done earlier this year for the North Carolina Advocates for Justice magazine. You might find it interesting and revealing. Take a look.

Claims Can Be Taken During First 60 Days After ALJ Denial --- But ...

I am told that this recently showed up on Social Security's intranet:

Scope: All Regions
Tracking Number: 11-015
Status:  Active

Brief Question
If a claimant receives an unfavorable decision, can the claimant file a new disability application during the 60-day appeal period (plus 5 days mail time) for the prior claim?

Detailed Question:
If a claimant receives an unfavorable decision, can the claimant file a new disability application for the same title and benefit type (as the prior claim) during the 60-day appeal period for the prior claim?

Answer:
Yes.  If the claimant receives an unfavorable decision, the claimant has the option of filing an appeal or filing a new application during the 60-day appeal period (plus 5 days mail time).

If the claimant files an appeal, we will not accept a new disability application while a prior disability claim for the same title and same benefit is pending at any level of review (initial, reconsideration, hearing or Appeals Council) unless the exception in EM-11052 REV applies. 

If the claimant submits a request for reconsideration, request for hearing, or request for AC review to the FO [Field Office]  after filing a new application, the FO will contact the claimant or the claimant's representative to advise they have the option of filing an appeal or filing a new application, but not both.

If the claimant appeals an unfavorable hearing decision to the Appeals Council after filing a new application, the AC will contact the claimant or the claimant's representative to advise they have the option of filing an appeal or filing a new application, but not both.

Category:  Disability Policy
Posted:  08/18/2011
Subcategory:  Subsequent Disability Claims

Answered on: 08/18/2011
Purpose:  Policy Clarification

Answered by:  ODP [Office of Disability Policy]
Last Reviewed:  08/18/2011
Responsible CO [Central Office] Component: ODP
Due for Review: 08/18/2012

 I have a question. If the claimant refuses to withdraw either the new claim or the appeal, what is Social Security going to do? There are specific regulations on dismissing appeals and trying to appeal and file a new claim is not listed as a basis for dismissing an appeal.

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For Californians Who Snigger At East Coast Reactions To Yesterday's Earthquake

Disability Statistics

Social Security has released its Annual Statistical Report On The Social Security Disability Insurance Program for 2010. If you think that higher and higher percentages of Social Security disability claims are being approved, take a look at the chart above. Note in particular the increase in technical denials.