Congressmen Want Bipartisan Social Security Commission

     From TPM:

Reps. Tom Cole (R-OK) and John Delaney (D-MD) plan to introduce a bill this Congress that would create a Social Security commission to propose changes to the program, Cole's office confirmed to TPM on Monday.

 The bill's language and timing has not been finalized, but Cole, a close ally of House Speaker John Boehner (R-OH), and Delaney co-sponsored similar legislation last year. ...

Last year's bill would have created a 13-member commission to produce recommendations to keep Social Security solvent for 75 years. If tax revenue were transferred from the retirement to the disability fund to avoid the 2016 benefits cliff for the latter program, both funds are projected to start running out of money in 2033.

One member would have been appointed by the president, and each caucus leader in Congress would have picked three members, under last year's bill. They would be tasked with issuing recommendations to Congress one year after the commission's creation. Those recommendations, if approved by nine of the commission's 13 members, would then be expedited to the House floor for a vote, with no amendments allowed.

Cole outlined to The Hill some of the proposals that he thought the commission would recommend.

“The commission would probably gradually raise retirement age, it would probably look at chained CPI, would probably look at means-testing and probably look at some sort of revenue, or reduce benefits for upper-income people,” he said. “Then you have to vote.” ...

     This just looks like Republicans looking for bipartisan cover for benefit cuts. There's no reason for Democrats to cooperate with this. Republicans are in the majority in both houses of Congress. If they're willing to vote for benefit cuts, they get them through without Democratic votes. Even the filibuster won't work for Democrats on this because it can go through the budget reconciliation process which only requires a majority vote. If Republicans are unwilling to vote for benefit cuts, why should Democrats?

CALJ Charles Boyer 1950 - 2015

     Former Social Security Chief Administrative Law Judge Charles Boyer passed away on January 20.

Reno To Become Deputy Commissioner For Retirement And Disability Policy

     The National Academy of Social Insurance (NASI) announced today that its longtime Vice President for Income Security Policy, Virginia Reno, is leaving NASI to become Social Security's Deputy Commissioner for Retirement and Disability Policy. In previous testimony to the House Social Security Subcommittee she did not indicated support for cuts in Social Security disability benefits.

Social Security Headcount Gets Back To 2002 Level

The Office of Personnel Management (OPM) has posted updated figures for the number of employees at the Social Security Administration:

• September 2014 64,684
• June 2014 62,651
• March 2014 60,820
• December 2013 61,957
• September 2013 62,543
• June 2013 62,877
• March 2013 63,777
• December 2012 64,538
• September 2012 65,113
• September 2011 67,136
• December 2010 70,270
• December 2009 67,486
• September 2009 67,632
• December 2008 63,733
• September 2008 63,990
• September 2007 62,407
• September 2006 63,647
• September 2005 66,147
• September 2004 65,258
• September 2003 64,903
• September 2002 64,648
• September 2001 65,377
• September 2000 64,521

Senate Subcommittee Assignments

     The Senate Finance Committee, which has jurisdiction over Social Security has released its subcommittee assignments. The subcommittee assignments seem to be vastly less important in the Senate than in the House but here is the lineup for the relevant subcommittee:

Subcommittee on Social Security, Pensions and Family Policy

Republicans	Democrats
Dean Heller, Nev., Chairman	Sherrod Brown, Ohio, Ranking Member
Johnny Isakson, Ga. Pat Toomey, Pa.	Charles Schumer, N.Y.
Tim Scott, S.C

Big Downturn In Senior Attorney Decisions In Recent Years

     I had recently wondered about the state of the senior attorney advisor decision program at Social Security. The newsletter of the National Organization of Social Security Claimants Representatives (NOSSCR) (which is not available online) has some numbers on senior attorney advisor decisions:

• FY 2012: 37,423
• FY 2013 18,625
• FY 2014 1,872

ALJs Lose In Court Of Appeals

     The Seventh Circuit Court of Appeals has ruled against the lawsuit filed by the Association of Administrative Law Judges, a labor union, claiming that agency productivity guidelines interfered with ALJ independence. 

     I have always thought that the argument that encouraging greater productivity somehow forced ALJs to approve more claims was preposterous. For goodness sake, the ALJs don't write their decisions! 

     The agency has not always treated its ALJs with the respect they deserve but this lawsuit wasn't the answer. The ALJ Association would be on sounder ground if it stuck to issues like removing the decision writers from hearing offices. That's an issue where most people would agree that the agency's position is preposterous.

Skepticism Towards Recipients Of Government Assistance Clouds Judgment On Disability

     From an op ed piece in the L.A Times by Rourke O'Brien, postdoctoral fellow in population health at Harvard University:

[W]e must not let the rhetoric of fraud, abuse and “welfare queens” that accompanied the end of welfare as we know it in the 1990s frame the conversation [on the future of Social Security disability].

Americans generally are skeptical of individuals who receive government benefits, biased to think that they are undeserving. It may be our unyielding belief in everyone's ability to bootstrap his or her way to success through hard work or just the way we esteem self-sufficiency. In the context of cash welfare, research shows that this bias leads us to assume all benefit recipients are lazy. In the context of disability — where benefits are predicated on the existence of a qualifying health condition — our skepticism toward recipients of government assistance may influence the way we evaluate their health.
And new evidence suggests that it does just that.

As part of a nationally representative survey I conducted, about 1,000 individuals were asked to read several vignettes, each describing an individual with a health condition such as chronic back pain, depression or symptoms consistent with attention deficit hyperactivity disorder (for children).

Respondents were then asked to rate the severity of each condition and the degree to which they considered it “disabling.” Before reading the vignettes, the respondents had been randomly assigned to either a treatment or control group. After reading instructions for the study, those in the treatment group read an additional sentence noting that
individuals with disabilities may be eligible for government benefits.

The result? Respondents primed with a reference to government assistance were less likely to consider the health conditions described as severe or disabling relative to the control group. Just hinting at the existence of government assistance was enough to change their evaluation of health conditions. What's more, in follow-up questions, respondents in the treatment group were more likely to blame the individual for her health condition. ...

In efforts to paint some of those applying for disability benefits as undeserving, we tend to question both the severity and the legitimacy of the qualifying health condition. We tell ourselves they don't deserve assistance because the condition just isn't that bad, and regardless, they are to blame for their health problems anyway.

Field Office Hours Expanded

     A press release from Social Security:

Social Security announces as a result of Congress’ approval of the fiscal year 2015 budget, the agency will expand its hours nationwide and offices will be open to the public for an additional hour on Mondays, Tuesdays, Thursdays and Fridays, effective March 16, 2015.  A field office that is usually open from 9:00 a.m. to 3:00 p.m. will remain open until 4:00 p.m.  Offices will continue to close to the public at noon every Wednesday so employees have time to complete current work and reduce backlogs.

“This expansion of office hours reaffirms our commitment to providing the people we serve the option of top-notch, face-to-face assistance in field offices even as we work to expand online services for those who prefer that flexibility,” said Carolyn W. Colvin, Acting Commissioner of Social Security.  “The public expects and deserves world-class customer service and thanks to approved funding, I am pleased we will continue our tradition of exceptional service.”

In recent years, Social Security reduced public office hours due to congressional budget cuts, growing backlogs and staffing losses.  The agency began recovery in fiscal year 2014 by replacing some field office staffing losses and providing overtime support to process critical work.  With the commitment of resources in fiscal year 2015, the agency is able to restore some service hours to the public.

Number On Social Security Disability Leveling Off

Source: Office of Chief Actuary, Social Security Administration

Disability Insurance Benefits Applications And Awards Heading Down

Source: Office of Chief Actuary, Social Security Administration

Less To The New House Rule Than Meets The Eye

     From Politico:

[A]n analysis by Social Security’s chief actuary, Stephen Goss, suggests there’s less to the new House rule [restricting the ability of the House to consider legislation to shift money from Social Security's Retirement Trust Fund to the Disability Trust Fund] than meets the eye. That’s because the point of order is triggered only if lawmakers exceed a “0.01 percent” threshold, which equates to a $38.6 billion cap on what any one Congress can move from the retirement fund, Goss told POLITICO.

That leaves too little room for some long-term, multiyear reallocation of payroll tax revenues but it is enough to get past 2016, by Goss’ calculations.

“We’re projecting [disability] trust funds will be depleted in December of 2016. … The shortfall for the ensuing 12 months would come to about $29 billion,” Goss said. “What that means is that we could have a tax rate reallocation that could apply in 2016 or 2016 and 2017 that would generate up to $30 billion or even $35 billion transferred to the [disability] trust fund, which would at least extend its reserve depletion date for one more year.”

Disability Claims And Awards Decreasing Rapidly

     Note that claims filed and awards made have gone down in each of the last three years. Note also that the number of people drawing benefits is almost the same as it was at the end of last year and that the number has gone down in each of the last three months.

Disabled worker beneficiary statistics by calendar year, quarter, and month

		Awards b			In current payment status		Terminations c
Time period	Number of appli- cations a	Number	Increase over prior period	Percent of appli- cations	Number at end of period	Increase over prior period	Number	Increase over prior period	Termi- nation rate
—by calendar year—
2000 .....	1,330,558	621,650	0.19%	46.72%	5,042,334	3.34%	461,626	6.25%	8.72%
2001 .....	1,498,559	691,309	11.21%	46.13%	5,274,183	4.60%	456,258	-1.16%	8.31%
2002 .....	1,682,454	750,464	8.56%	44.61%	5,543,981	5.12%	479,606	5.12%	8.34%
2003 .....	1,895,521	777,905	3.66%	41.04%	5,873,673	5.95%	450,720	-6.02%	7.46%
2004 .....	2,137,531	797,226	2.48%	37.30%	6,201,362	5.58%	466,332	3.46%	7.32%
2005 .....	2,122,109	832,201	4.39%	39.22%	6,524,582	5.21%	494,592	6.06%	7.36%
2006 .....	2,134,088	812,596	-2.36%	38.08%	6,811,679	4.40%	513,292	3.78%	7.28%
2007 .....	2,190,196	823,106	1.29%	37.58%	7,101,355	4.25%	525,012	2.28%	7.14%
2008 .....	2,320,396	895,011	8.74%	38.57%	7,427,203	4.59%	564,518	7.52%	7.34%
2009 .....	2,816,244	985,940	10.16%	35.01%	7,789,113	4.87%	628,478	11.33%	7.79%
2010 .....	2,935,798	1,052,551	6.76%	35.85%	8,204,710	5.34%	646,387	2.85%	7.64%
2011 .....	2,878,920	1,025,003	-2.62%	35.60%	8,576,067	4.53%	656,902	1.63%	7.42%
2012 .....	2,820,812	979,973	-4.39%	34.74%	8,827,795	2.94%	726,432	10.58%	7.90%
2013 .....	2,640,100	884,894	-9.70%	33.52%	8,942,584	1.30%	767,738	5.69%	8.17%
2014 .....	2,521,459	810,973	-8.35%	32.16%	8,954,518	0.13%	793,646	3.37%	8.37%
—by quarter—
2011 Q1	720,119	258,086	-1.49%	35.84%	8,295,845	1.11%	166,219	3.37%	1.96%
2011 Q2	760,621	268,853	4.17%	35.35%	8,403,449	1.30%	162,166	-2.44%	1.89%
2011 Q3	737,468	259,181	-3.60%	35.14%	8,495,983	1.10%	167,036	3.00%	1.93%
2011 Q4	660,712	238,883	-7.83%	36.16%	8,576,067	0.94%	161,481	-3.33%	1.85%
2012 Q1	724,746	249,638	4.50%	34.44%	8,657,739	0.95%	168,420	4.30%	1.91%
2012 Q2	731,817	245,719	-1.57%	33.58%	8,733,461	0.87%	169,456	0.62%	1.90%
2012 Q3	726,026	241,207	-1.84%	33.22%	8,786,049	0.60%	188,311	11.13%	2.10%
2012 Q4	638,223	243,409	0.91%	38.14%	8,827,795	0.48%	200,245	6.34%	2.22%
2013 Q1	680,292	228,922	-5.95%	33.65%	8,853,614	0.29%	201,245	0.50%	2.22%
2013 Q2	691,519	228,909	-0.01%	33.10%	8,892,515	0.44%	189,796	-5.69%	2.09%
2013 Q3	674,292	225,905	-1.31%	33.50%	8,925,372	0.37%	192,523	1.44%	2.11%
2013 Q4	593,997	201,158	-10.95%	33.87%	8,942,584	0.19%	184,174	-4.34%	2.01%
2014 Q1	637,675	196,765	-2.18%	30.86%	8,932,828	-0.11%	203,364	10.42%	2.22%
2014 Q2	662,498	215,638	9.59%	32.55%	8,954,010	0.24%	192,440	-5.37%	2.10%
2014 Q3	642,096	209,492	-2.85%	32.63%	8,958,415	0.05%	204,413	6.22%	2.22%
2014 Q4	579,190	189,078	-9.74%	32.65%	8,954,518	-0.04%	193,429	-5.37%	2.10%
—by month—
13-Oct	199,340	70,800	-7.62%	35.52%	8,936,932	0.13%	59,479	-7.35%	0.65%
13-Nov	226,149	68,375	-3.43%	30.23%	8,941,660	0.05%	63,357	6.52%	0.70%
13-Dec	168,508	61,983	-9.35%	36.78%	8,942,584	0.01%	61,338	-3.19%	0.67%
14-Jan	230,401	61,479	-0.81%	26.68%	8,930,246	-0.14%	71,266	16.19%	0.78%
14-Feb	196,030	64,081	4.23%	32.69%	8,929,419	-0.01%	64,568	-9.40%	0.71%
14-Mar	211,244	71,205	11.12%	33.71%	8,932,828	0.04%	67,530	4.59%	0.74%
14-Apr	210,051	77,130	8.32%	36.72%	8,942,232	0.11%	66,821	-1.05%	0.73%
14-May	248,143	66,764	-13.44%	26.91%	8,947,220	0.06%	61,970	-7.26%	0.68%
14-Jun	204,304	71,744	7.46%	35.12%	8,954,010	0.08%	63,649	2.71%	0.70%
14-Jul	190,808	64,142	-10.60%	33.62%	8,951,519	-0.03%	66,502	4.48%	0.73%
14-Aug	255,285	68,810	7.28%	26.95%	8,952,842	0.01%	67,972	2.21%	0.75%
14-Sep	196,003	76,540	11.23%	39.05%	8,958,415	0.06%	69,939	2.89%	0.77%
14-Oct	243,114	64,139	-16.20%	26.38%	8,957,699	-0.01%	65,657	-6.12%	0.72%
14-Nov	171,326	61,055	-4.81%	35.64%	8,956,269	-0.02%	62,271	-5.16%	0.68%
14-Dec	164,750	63,884	4.63%	38.78%	8,954,518	-0.02%	65,501	5.19%	0.72%

Source: Office of Chief Actuary, Social Security Administration

Senator Opposes Social Security Cuts

     Sherrod Brown, the top Democrat on the Senate Finance Committee says that Democrats must not give an inch on Social Security. He opposes any cuts in Social Security disability. 

Colvin Not Re-Nominated So Far

President Obama has made a number of re-nominations since the beginning of this Congress. Carolyn Colvin's name is not on the list

Why Do Some States Have High Levels Of Disability?

From the Center on Budget and Policy Priorities

A Collective Yawn

     I can't find any sign that the news media are picking up the story of indictments for alleged Social Security disability fraud in Puerto Rico. Maybe local media in Puerto Rico are covering this but even Fox News isn't covering the story.

    So far, I'm not sensing any momentum behind the campaign to cut Social Security disability.

Broadcast E-Mail On Disability Fraud

A Message To All SSA and DDS Employees

Subject:  Fraud Prevention and You

Date:  January 15, 2015

The Department of Justice in Puerto Rico today announced the indictment of 40 individuals, including a medical provider, on charges relating to SSA disability fraud.  These indictments demonstrate the effectiveness of our numerous fraud detection and prevention initiatives, which rely heavily on the continued vigilance of our SSA and DDS employees.  SSA employees identified and reported this potential fraud to our Office of the Inspector General (OIG), and provided analysis to OIG during the investigation.  The success of the investigation and the resulting indictments can be directly attributed to the ongoing partnership and collaboration among SSA, the DDSs, OIG, and the Department of Justice .

Preserving the public’s trust in our programs and reducing improper payments is a critical element of our work.  As you know, one of the key elements of our strategic plan is to prevent fraud, waste, and abuse.  We take pride in our efforts to reduce improper payments as we aggressively seek to ensure that only those entitled to benefits receive them.

We have undertaken a number of measures recently to combat fraud and abuse in the disability program, including:

• The establishment of the Office of Anti-Fraud Programs to lead our anti-fraud efforts;
• The re-establishment of our National Anti-Fraud Committee;
• A significant increase in the number of Continuing Disability Reviews (CDR) we complete;
• A significant expansion in the number of Cooperative Disability Investigations (CDI) Units, as well as increasing our staff in many existing Units;
• Anti-fraud training for all SSA and DDS employees;
• The establishment of robust data analytics capacity to enhance fraud detection;
• The establishment of three Fraud Prevention Units made up of expert disability examiners who review and act on potential fraud cases; and
• An increase in the number of our attorneys who serve as Special Assistant United States Attorneys dedicated to prosecuting Social Security fraud.

Our first line of defense is each of you!  I cannot over-emphasize the importance of reporting suspicious or questionable facts that come to your attention in the course of your daily work.  As individuals become more adept at discovering ways to try to defraud SSA, we must be even more vigilant and attentive to details that may suggest fraud, including those that we may not ordinarily consider. 

The following is information about identifying and reporting suspected fraud that you may find helpful.

• POMS GN 004100ff [this section of POMS must not be available to the public since the link doesn't work] provides additional information on fraud awareness and reporting. 

• The electronic 8551 (e8551) is used by SSA and the DDSs to report allegations directly to OIG.  A link to the e8551 can be found at:  Reporting Fraud e8551 [again, the form must not be available to the public]. 
• For the public, we have set up a special Puerto Rico CDI Hotline to report Program fraud in the Commonwealth of Puerto Rico.
• For all other public reporting, the OIG fraud Hotline: 1-800-269-0271 is available (10 AM to 4 PM EST).
• For additional public reporting options, please refer to http://oig.ssa.gov/. 

I want to reassure you that SSA is fully committed to working with our Federal and State partners to ensure that we vigorously pursue prosecution of individuals or groups who attempt to defraud our programs.  I want to thank each of you for the work you perform to support our mission and remind you that, if you see something suspicious or questionable, please do not keep it to yourself.  Report it!

Pete Spencer

Co-Chair

National Anti-Fraud Committee

The 80-Year War Against Social Security

     Dylan Scott at TPM gives a history of The 80-Year Conservative War On Social Security.

House Ways And Means Committee Press Release On Arrests In Puerto Rico

     A press release from the House Ways and Means Committee:

WASHINGTON — Today, the U.S. attorney’s office in Puerto Rico announced additional indictments based on work begun over five years ago to bring fraudsters to justice. 

Upon hearing this news, Subcommittee on Social Security Chairman Sam Johnson (R-TX) stated:

“Today’s arrests in Puerto Rico are yet further proof that the disability program is plagued by widespread fraud. While it is critical that those who committed fraud are held accountable, the bottom line is that success is not discovering massive fraud schemes— success is preventing fraud in the first place. That is the only way hardworking taxpayers’ dollars can be protected.

"As chairman, I’ve already asked Inspector General O’Carroll for a top-to-bottom review of the disability program. I’ve also asked Acting Commissioner Colvin for her plan to do better when it comes to preventing fraud. With the disability program going insolvent in 2016, it is more important than ever to stop fraud that is costing the program precious taxpayer dollars and undermining public confidence in the program. 

"As chairman I will continue to work with my colleagues to keep the disability program strong for those who truly need it and the recently passed House Social Security rule to is a step in the right direction.”

Among the new revelations brought to light today, the Office of the Inspector General (OIG) of the Social Security Administration (SSA) revealed:

·       The overall fraud loss from this scheme is now estimated to be over $100 million. They expect this investigation will result in a projected lifetime savings to Social Security and taxpayers of more than $160 million.

·       This investigation dates back to November 2009, when the SSA forwarded an allegation to its OIG involving suspicious Disability Insurance benefit claims filed in Puerto Rico that involved nearly identical medical documentation.

·    In August 2013, 74 people, including four medical professionals and a non-attorney claimant representative, were indicted and arrested for their involvement in this disability fraud scheme.

·       As of today, 39 of these defendants have been sentenced, receiving probation terms of one to three years, and, in some cases, 30 days in prison. All those sentenced or issued pre-trial diversion agreements will make full restitution to the SSA. Court-ordered restitution for these defendants totals $1,169,034.

·       Today, the U.S. attorney’s office in Puerto Rico announced the indictments of an additional 40 people, including a psychiatrist, for their alleged involvement in this conspiracy. As of this morning, 39 of 40 defendants have been apprehended. These indictments and arrests are a result of continued work by the SSA OIG, the Federal Bureau of Investigations, and the Puerto Rico Police Department as part of the overall investigation.