The House Appropriations Subcommittee markup of the appropriations bill covering Social Security has been scheduled for Friday at 9:30. This will be our first opportunity to see what House Republicans are planning.
Sep 7, 2011
$40.3 Million To Deceased Beneficiaries
From CNN Money:
While many Americans worry that the Social Security Administration won't have enough money left to pay their benefits when they retire, the agency is doling out millions of dollars to people who aren't even alive.
The Social Security inspector general estimates that the agency has made $40.3 million in erroneous payments to deceased beneficiaries -- even though the administration had already recorded their deaths in its records. The estimate is based on a sample tested during its most recent audit in January 2008, the watchdog agency said.
One man told CNNMoney that he notified Social Security four years ago that his mother had passed away, but he still can't get the agency to stop sending her checks every month.
Dennis Marvin, a Cleveland-based financial advisor, said several of his clients have grown frustrated by how long it took them to convince Social Security to stop sending payments to deceased family members. ...
The inspector general estimates that as of January 2008, nearly 2,000 deceased beneficiaries were receiving benefits for months or even years after the agency had been notified of their deaths. If those payments were not stopped, the SSA likely dished out another $7 million in additional payments over the course of 2008, the inspector general estimated.
Researchers Say Chained CPI Would Be Cut In Benefits
The Center for Retirement Research at Boston College has released a brief report on the effects if a "Chained CPI" were substituted for the Consumer Price Index in computing Social Security's Cost of Living Adjustment (COLA). The key findings:
- The chained index, which allows spending patterns to shift as prices change, would rise more slowly than the current index.
- The current index likely understates the inflation faced by the elderly, and the low-income elderly may have little flexibility.
- Moving to a chained CPI would be a cut in benefits
Quiz Answer
Question: If a determination is mailed to a 48 year old claimant on August 15, 2011 terminating Social Security disability benefits on the basis of medical improvement and that determination is received by the claimant in due course, what is the last day upon which he or she may appeal and be granted interim benefits, assuming no good cause for a late request?
- August 25, 2011
- August 30, 2011
- September 19, 2011
- October 19, 2011
Answer: August 30, 2011 There is a 10 day limit from the date of receipt of the notice which is presumed to be 5 days after it is sent.
Sep 5, 2011
What's On The Agenda?
All federal agencies must provide a list of regulatory changes they are working on, called their regulatory agenda. The regulatory agenda includes regulatory proposals those that have not yet resulted in a Notice of Proposed Rule-Making (NPRM), which is the first time that the public can see the contents of a regulatory proposal. Below are three items from Social Security's regulatory agenda. Note that the first three could be quite significant or quite minor. There is no way to know at this point. We know the third one, which has already resulted in an NPRM, is major. Note also that the dates given are not binding. These things are often delayed by many months, even years. Sometimes they are withdrawn. Also, agencies can suddenly decide to add an item to their regulatory agenda and rush it into the Federal Register.
Abstract: This proposed rule would clarify the applicability of res judicata and collateral estoppel in our administrative review process....
NPRM 04/00/2012
Title: Clarifying Changes to the Title II Regulations (3374P)
Abstract: These rules amend our regulation to clarify several eligibility criteria for benefits under the Act....
NPRM 08/00/2011
Title: Administrative Waiver of Overpayments
Abstract: We propose to revise and clarify our regulations addressing the Commissioner's discretion to use blanket waivers for the recovery of an overpayment. Under titles II and XVI of the Social Security Act (Act), the commissioner "shall" seek repayment of overpayments, unless waiver is appropriate. We believe the Act allows us broader discretion in granting blanket waivers than we currently use. ...
NPRM 01/00/2012
Title: Revised Medical Criteria for Evaluating Mental Disorders (886F)
Abstract: Sections 12.00 and 112.00, Mental Disorders, of appendix 1 to subpart P of part 404 of our regulations describe those mental impairments that we consider severe enough to prevent a person from doing any gainful activity, or that cause marked and severe functional limitations for a child claiming Supplemental Security Income payments under title XVI. We will revise the criteria in these sections to ensure that the medical evaluation criteria are up-to-date and consistent with the latest advances in medical knowledge and treatment. ...
| ANPRM [Advanced NPRM] | 03/17/2003 | 68 FR 12639 |
| ANPRM Comment Period End | 06/16/2003 | |
| NPRM | 08/19/2010 | 75 FR 51336 |
| NPRM Comment Period End | 11/17/2010 | |
| Final Action | 03/00/2012 |
Sep 4, 2011
Michael Astrue And His Religious Faith
The Washington Examiner has a question and answer piece with Social Security Commissioner Michael Astrue, focusing on his Roman Catholic faith. Here are a couple of excerpts:
Is there one person that most influenced your faith?
This is sort of a hard thing. I was about 10 when Vatican II came in, and everything changed very dramatically. I had a priest growing up who was very influential in guiding me and some of my friends through all that. So it was very hard many years later to discover he was one of the worst abusers in the scandals in Boston, and not just sexually, but the single most violent. The church's struggle in Boston has been something that I've taken very personally. ...
Do you think your faith improves your leadership?
Yes. Again, if you're motivated by trying to make the world a better place, you're probably more balanced, you treat people better, you try to help them be leaders too and bring out the most in them. I think if you're in government for other reasons you might not behave the same way. And I think a lot of people don't behave that way. For me it's not about the money and it's not about power. It really is for me primarily about the satisfaction of knowing that if I go in and do my job well, life will be better for a lot of people.
Sep 3, 2011
Another Posthumous Child Case
From Beeler v. Astrue, ____ F.3d ____ (8th Cir. August 29, 2011):
This case requires us to determine whether a child conceived through artificial insemination more than a year after her father’s death qualifies for benefits under the Act. ...We conclude that the Commissioner’s interpretation is, at a minimum, reasonable and entitled to deference, and that the relevant state law does not entitle the applicant in this case to benefits.By the way, it appears that there has been a petition for rehearing en banc in the similar recent case of Schafer v. Astrue, 641 F.3d 49 (4th Cir. 2011).
Sep 2, 2011
Mandatory Use Of Electronic Process Clears OMB
The final regulations to require that those who represent Social Security claimants use Social Security's electronic services has cleared the Office of Management and Budget (OMB) and should appear in the Federal Register in the near future. There was some change in the regulations at OMB but we will probably never know what was changed. This proposal was originally linked to changes that would have recognized entities such as law firms as representing claimants. Those proposed changes were confused and unworkable. The appearance is that because its proposal was trashed by attorneys, Social Security has just decided to do nothing.
People talk about reducing the regulatory burden on the American public. It is hard to imagine anything more absurdly burdensome than Social Security's bizarre policies on attorney fees. These policies burden claimants as well as attorneys. They make it difficult for a claimant to move from one attorney to another. Imagine a claimant in Buffalo who hires an attorney for their Social Security disability claim and not long thereafter moves to Raleigh. The attorney in Buffalo withdraws from the case and waives any fee. I pick up the case and move forward to a successful conclusion. Under Social Security's policies, my fee is cut in half. Why? Would you take on the case if you were me? What is the person moving from Buffalo to Raleigh supposed to do? What value is being protected by this policy?
43% Increase In Threats To Social Security Personnel In One Year -- What's Going On?
From today's Federal Register:
We are publishing the process we follow when we ban an individual from entering our field offices. Due to escalating reports of threats to our personnel and our customers in our offices, we are taking steps to increase the level of protection we provide. ... In FY 2010, we received nearly 2,800 reports of threats to our employees across the Nation, an increase of 43% from FY 2009.
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