Good News For Eric Conn's Former Clients

     There as finally been a decision in the 6th Circuit Court of Appeals in a case concerning the serious legal and constitutional issues presented by Social Security's reviews of prior decisions made in cases where Eric Conn had represented the claimant. This requires study but it appears to be good news for these claimants.

     The 6th Circuit is, by a wide measure, the most conservative of the Courts of Appeals. If Social Security can't win there, they can't win. However, I would expect that the agency will ask that the case be reheard en banc, that is by all members of the Court, rather than by a three member panel as is usually the case.

I Haven't Heard Of This One Before

     From the News Virginian:

A man wearing a suit and silver badge recently went to a Staunton residence and said he is an investigator for the Social Security Administration, according to the Staunton Police Department.

Police said the man was described as a black male who spoke with a heavy foreign accent.

The scam the man was perpetrating involves him displaying the badge and claiming there is fraud activity in the targeted person's account. The victim was then told police will respond if the Social Security employee is not given money. The man left the area after the victim declined to speak further.

National Disability Forum

     An announcement from Social Security:

Social Security’s National Disability Forum, Enhancing the Reconsideration Process
Wednesday, November 28, from 1:00 p.m. - 4:00 p.m. EST
1100 New York Avenue NW, Suite 200 East, Washington, DC 20005

You may also participate via live stream.

We are seeking feedback on improving the disability claims process - especially at the reconsideration step. Panelists Include:

• Moderator - Darlynda Bogle, Executive Secretary, Office of the Commissioner, Social Security Administration
• Phoebe Ball, Legislative Affairs Specialist, National Council on Disability · Cheryl Bates-Harris, Senior Disability Advocacy Specialist, National Disability Rights Network
• Dr. Sharon Bland-Brady, President, National Association of Disability Examiners
• Lisa Ekman, Director of Government Affairs, National Organization of Social Security Claimants’ Representatives
• Trudy Lyon-Hart, Policy/Quality Committee Chair and Board Member, National Council of Disability Determination Directors
• Christopher Mazzulli, Treasurer, National Association of Disability Representatives

Please register online by Monday, November 26, and note whether you will be attending in person or via live stream. Additional details will be provided to live stream participants prior to the event. We hope you can join us and look forward to your participation. To learn more about the National Disability Forum, please click http://www.socialsecurity.gov/ndf/ .

     I don't know that this announcement itself is on the interwebs. I found out about it from the National Organization of Social Security Claimants Representatives (NOSSCR).

Social Security Administrative Expenditures As Percentage Of Total Expenditures Have Declined Over The Years

      Source: Social Security Administration. Click on each page to view full size.

Are Electronic Medical Records A Good Thing? It’s Complicated

     If you spend a lot of time reading medical records, and I know that, like me, many of you do, read this New Yorker piece by Atul Gawande, Why Doctors Hate Their Computers.

Field Office Reopens After Car Crash

     The Social Security field office in Egg Harbor Township that was closed after a car crashed into it on Tuesday reopened on Friday.

Saul Nomination Advances

     Andrew Saul’s nomination to become Commissioner of Social Security was reported out favorably by the Senate Finance Committee. It was a unanimous vote.

Ticket To Work Not Working

     From the Washington Free Beacon:

The Social Security Administration has spent $3 billion on programs designed to incentivize disability recipients to go back to work over the past 16 years. So far, less than 3 percent of beneficiaries have signed up, with "no consistent evidence" the program has helped participants find a job. 

The inspector general for the agency released an audit last week calling for Congress to evaluate the "viability" of the programs 

including Ticket to Work and Self-Sufficiency (TTW) and Achieve Self-Support (PASS)."SSA has spent about $3 billion administering two ongoing congressionally mandated return-to-work programs and a time-limited demonstration project designed to determine whether a policy change would help beneficiaries return to work," the inspector general said. "However, these programs and demonstration project enticed a small percentage of disabled individuals to return to work." ...

Since it began in 2000, the TTW program has cost $2.8 billion and enrolled 1.2 million disabled welfare recipients, a participation rate of only 2.6 percent. Those beneficiaries have saved the government approximately $5.9 billion. For each beneficiary served, the government spent $2,300 through the program, as opposed to the average $5,000 benefits forgone. ...

      You might say that this shows that even though TTW is only minimally successful that it still more than pays for itself but the problem is that it is more than possible that the vast majority of those “helped” by TTW would have gone back to work on their own. To what extent are TTW providers helping people who wouldn’t otherwise get back to work and to what extend are TTW providers just profiting from people who don’t need their help? We just don’t know. Any advantage from TTW is, at best, unproven. The problem with all the efforts to get Social Security disability recipients back to work is that they are premised upon a deep seated belief that it’s easy to get on benefits. It’s not. It’s terribly difficult to get on disability benefits. As sick as people have to be to get on Social Security disability benefits, we shouldn’t expect many to go back to work.

Social Security Proposing Mandatory Video Hearings

     From a Notice of Proposed Rule Making (NPRM) that the Social Security Administration will publish in the Federal Register tomorrow:

We propose to revise our rules to explain that the agency retains the right 

to determine how parties and witnesses will appear at a hearing before an administrative law judge (ALJ) at the hearing level of our administrative review process, and we will set the time and place for the hearing accordingly. ... 

We propose that parties to a hearing will not have the option to opt out of appearing by the manner of hearing we choose.  ...

     This is a proposal. The public can comment on it. Congress can’t prevent its adoption but can certainly weigh in on it. The new Democratic  majority in the House could make Andrew Saul pay a price for going ahead with it. Expect a House Social Security Subcommittee hearing on this issue next year.

Saul Nomination To Get Committee Vote Tomorrow

     The Senate Finance Committe has scheduled a vote on Andrew Saul’s nomination for Social Security Commissioner for tomorrow.