I Don't Agree

     The Cleveland Plain Dealer is running a piece with recommendations on how disabled people can improve their chances of being approved. I wish I could applaud it but I can't. Here are the recommendations they make that I have trouble with and my reasons for disagreeing:

• A Social Security attorney told them that claimants should print out the questions that Social Security will ask and decide how they'll answer them. I would say, no, just get on with it. Claimants don't need to be told to do this and that before filing a claim. They're already far too inclined to procrastinate. Persons with limited intellectual capacity who also suffer from mental illness file disability claims all the time with no advance preparation. Just get on with it.
• Another Social Security attorney recommended gathering your medical records before you apply. Again, this encourages procrastination. The average Social Security disability claimant has no idea how to gather their medical records or what to gather. As an example, it seems like half of my new clients tell me "I've got all my medical records." They're wrong. All they have are the billing sheets they were given when leaving their doctor's office. Those aren't medical records. They're just billing records which don't help in the least. Social Security and your attorney will gather the records. Just get the claim filed and hire an attorney. Almost everything else will be done for you.
• A third Social Security attorney recommends first getting your doctor on board with your disability claim. I'd rather have that support if possible but it's not essential. I'd say that anywhere from a third to half of my clients don't have that kind of support and I don't care that much. Some doctors think a person has to literally be a quadriplegic or in a persistent vegetative state in order to be disabled. Some think anyone who can't do their past work is disabled. Neither view is correct. Some claimants aren't able to get an opinion because they lack a steady relationship with a physician. Mental illness or poverty often put people in that kind of position. Some physicians tell their patients they'll help with a Social Security disability claim and then don't. I don't care. What's wrong with a person is more important than their physician's opinion. If you tell people they can't win without the help of their physician, you're telling a hell of a lot of very sick people to not file disability claims and that's wrong.

One Great Idea After Another Coming Out Of The Trump Administration

    From Katie Tastrom writing for THINK:

In a letter to state Medicaid directors Thursday morning, the Trump administration announced that it would allow states to require Medicaid recipients to participate in a work program or other form of approved “community engagement” in order to retain their health benefits. While there will supposedly be exceptions for disabled people, allowing states to implement the work requirement is a terrible idea. As a disability lawyer and disabled person myself, I know this policy change will be disastrous for my community in a number of important ways.  

My first concern involves the eligibility process. According to the Washington Post, states will be able to decide for themselves who qualifies as “disabled” for the purpose of being exempt from the work requirement. No matter how broad they define the category, there will be disabled people who do not qualify for the exemption even though they should. ...  

While this appeals process [concerning whether the person is disabled for purposes of Medicaid] plays out, people are likely to get sicker and more disabled as they await a final decision. In the end, many people could become stuck in a grey area: too sick or disabled to work, but not sick or disabled enough to be exempt from the work requirement. ...  

The states that will end up implementing these work requirements are also the states that tend to be the poorest to begin with ...

Supreme Court Will Hear ALJ Constitutionality Case

     The Supreme Court has granted a writ of certiorari in Lucia v. SEC, meaning they will hear the case. Lucia concerns whether Administrative Law Judges (ALJs) as presently appointed are constitutional. The Trump Administration is arguing that they aren't. I don't know enough about Supreme Court operations to know whether the case will be heard this term or the next. This term would mean a decision this year. Next term would mean a decision next year.

Maybe Some Of These Cases Should Be Approved At Lower Levels?

     From a recent report by the Government Accountability Office (GAO):

Allowance rates—the rate at which Social Security Administration (SSA) administrative law judges allowed disability benefits to be paid when claimants appealed—varied across judges, even after holding constant certain characteristics of claimants, judges, hearing offices, and other factors that could otherwise explain differences in allowance rates. Specifically, GAO estimated that the allowance rate could vary by as much as 46 percentage points if different judges heard a typical claim (one that was average in all other factors GAO analyzed). SSA officials said that this level of variation is not surprising, given the complexity of appeals and judicial discretion. Nonetheless, the variation declined by 5 percentage points between fiscal years 2007 and 2015 (see figure), a change officials attributed to enhanced quality assurance efforts and training for judges. GAO also identified various factors that were associated with a greater chance that a claimant would be allowed benefits. In addition to characteristics related to disability criteria, such as the claimant's impairment and age, GAO found that claimants who had representatives, such as an attorney or family member, were allowed benefits at a rate nearly 3 times higher than those without representatives. Other factors did not appear related to allowance rates, such as the percentage of backlogged claims in a hearing office. ...

From fiscal years 2007 through 2015, most claimants (77 percent) had an attorney representative, and 12 percent had a nonattorney representative. ...

  

Note the high approval rate in MS cases. I was just  talking about MS cases recently. I've also talked about intellectual deficiency cases a lot also.

Washinton Post Decries Stigma It Helps Perpetuate

     From the Washington Post:

... One of the most misunderstood aspects of the federal disability programs — Social Security Disability Insurance, for those who work, and Supplemental Security Insurance for the disabled poor — has to do with working. Some recipients subsist on benefits alone, unable to work at all because of their disability, and some find paid part-time work. (Both programs come with health care — Medicare with SSDI and Medicaid with SSI.)

Others work for pay up to modest income limits allowed by the programs or are seeking employment. Many others perform unpaid volunteer work. Yet whether they work for money or not, disability recipients are often stigmatized in our work-obsessed culture. ...

     This is rich coming from the Washington Post which has been running article after article portraying disability benefits recipients as shiftless drug-addicted hillbillies.

Tales Of Life On The Lam

     From the Lexington Herald-Leader:

To the saga of Eric C. Conn’s journey from wealthy Eastern Kentucky attorney to fugitive felon captured at a Pizza Hut in Central America, add this nugget:

Conn says he used a puppy to cross the border from Mexico into Guatemala, thinking it would help him get past security officers....

In his first communication with the media since being captured, Conn, 57, sent the Herald-Leader a 42-page, two-part handwritten letter with his account of why he decided to flee sentencing ...

Conn, who is in solitary confinement in the Grayson County jail while awaiting trial on escape and other charges, also called the newspaper from jail.

It’s a tale worthy of Conn’s larger-than-life persona, including how he pretended to be engaged to a woman so authorities wouldn’t check his identification while on a bus, and how he says police in Honduras, where he was captured Dec. 2, offered to let him go in return for a bribe he couldn’t cover.

Conn said having to look over his shoulder while a fugitive was miserable.

“Honestly, honestly, it was horrible,” he said. “I never got one true minute of relaxation.” ...

In his letter, Conn called his decision to abscond foolhardy, but he said he did it after becoming terrified of the prospect of being raped in prison. ...

Conn said he started reading about sexual abuse in prisons and became so fearful that one night, he “began to shake all over like a man on the verge of frostbite.” ...

     If you read this account, it's obvious that Conn had essentially no plan for what he would do after he crossed the border into Mexico. It's a wonder he got as far as he did.

Read more here: http://www.kentucky.com/news/state/article193706559.html#storylink=cpy

Read more here: http://www.kentucky.com/news/state/article193706559.html#storylink=cpy

Read more here: http://www.kentucky.com/news/state/article193706559.html#storylink=cpy

Read more here: http://www.kentucky.com/news/state/article193706559.html#storylink=cpy

Read more here: http://www.kentucky.com/news/state/article193706559.html#storylink=cpy

The Numbers Are In

     Social Security has posted final numbers on disability claims filed and approved in 2017 as well as the number drawing disability benefits. Claims filed decreased by 6% in 2017. This was the seventh straight year of declining claims. There's been a 26% decline in the number of claims filed since the peak in 2010. The number of claims approved actually went up by 2.4% in 2017, the first yearly increase since 2010. Still, the number of claims approved is down 28% from the peak. The number of claimants in current payment status declined by 1.29% in 2017. The termination rate increased to 9.30% which is the highest of any year presented. However, it should be noted that many of those terminations were because claimants had aged off disability benefits and on to retirement benefits.

 

Nope, Sorry, This Letter Won't Do Any Good Because The Backlogs Aren't Due To Incompetence Or Lack Of Caring

     From the Philadelphia Inquirer:

Four Philadelphia-area congressmen sent a letter Monday to the acting chief of the Social Security Administration asking that the agency address the sometimes years-long delays for Philadelphia-area residents seeking disability-benefits hearings.

The letter to acting Commissioner Nancy Berryhill, signed by U.S. Reps. Brendan Boyle, Dwight Evans, Robert Brady, and Donald Norcross, all Democrats, came in response to an article in Sunday’s Inquirer that reported that applicants in the city are waiting an average of 26 months for Supplemental Security Income (SSI) appeal hearings. That’s the longest average waiting time for any city in the country. Applicants in adjacent counties in South Jersey and Pennsylvania also are experiencing average wait times of 20 months or longer.

“While we are certainly sympathetic to the budgetary constraints of your agency, we are deeply concerned by the number of individuals subject to undue stress and health risks brought on by reports of bureaucratic inefficiency,” the letter said. ...

What's The Alternative?

     From Salon:

Nearly five months after an unprecedented security breach at the credit rating firm Equifax exposed Social Security numbers and other data, making some 147 million Americans vulnerable to potential identity theft and fraud attacks, the Social Security Administration continues to use an identity security system devised by Equifax for the MySocialSecurity online portal.

Equifax was awarded a no-bid $10 million contract back in early 2016, as the company boasted at the time, “to help the SSA manage risk and mitigate fraud for the mySocialSecurity system, a personalized portal for customers to access some of SSA’s services such as the online statement.”  ...

[Social Security] Press officer Mark Hinkle would only tell Salon that “Equifax is not, and has never been, responsible for the authentication of mySocialSecurity users, or building, maintaining or supporting any of Social Security’s platforms.” 

That response suggests that, in fact, all the financially strapped SSA actually got from Equifax for its $10 million was a bunch of security questions to ask those trying to prove their identity before accessing the online customer portal.... Based on the questions actually found on the site, it would appear that Equifax offered a duplicate version of the questions it uses for its own flawed and hacked customer access security system for use by the SSA’s MySocialSecurity Portal, and no doubt the IRS’ online portal too. ...

     The Social Security Administration has been under enormous pressure to move its operations online. There are Congressional hearings where members of Congress seem incredulous that the agency even has field offices. The Government Accountability Office (GAO) keeps pressing to move everything online. If Uber can do it, why can't Social Security? This is based upon a naive belief that Social Security's operations are relatively simple which they might be if the agency only had to take retirement claims. However, many of Social Security's operations -- like disability, survivor and SSI claims -- are way too complicated to be handled online. It's sort of like insisting that a funeral parlor move all its operations online. Sorry, but there's that pesky body you have to deal with somehow as well as bereaved relatives who demandTLC.
     The EquiFax situation isn't as dire as this article suggests. EquiFax isn't getting any data from Social Security. It all goes in one direction from EquiFax to Social Security. =
     I can't say whether the authentication process Social Security is using is adequate but I don't know what the alternative would be other than to give up on online services. That would be fine with me as long as Congress gives Social Security adequate resources but that's not going to happen.

Attorney Advisor Program Extended

     From today's Federal Register:

We are extending for six months our rule authorizing attorney advisors to conduct certain prehearing proceedings and to issue fully favorable decisions. The current rule is scheduled to expire on February 5, 2018. In this final rule, we are extending the sunset date to August 3, 2018. We are making no other substantive changes.

     However, there have been few attorney advisor decisions in recent years and none recently. If Democrats were to take control of the House of Representatives in this November's election, expect the attorney advisor program to ramp up quickly. The reason is pretty clear. Social Security officials know that Congressional Republicans don't really care about backlogs but do want as few disability claims approved as possible.