People Cut Off Social Security Disability Benefits In England Didn't Return To Work

     From the Journal of Epidemiology and Community Health:

Background Many governments have introduced tougher eligibility assessments for out-of-work disability benefits, to reduce rising benefit caseloads. The UK government initiated a programme in 2010 to reassess all existing disability benefit claimants using a new functional checklist. We investigated whether this policy led to more people out-of-work with long-standing health problems entering employment.

Method We use longitudinal data from the Labour Force Survey linked to data indicating the proportion of the population experiencing a reassessment in each of 149 upper tier local authorities in England between 2010 and 2013. Regression models were used to investigate whether the proportion of the population undergoing reassessment in each area was independently associated with the chances that people out-of-work with a long-standing health problem entered employment and transitions between inactivity and unemployment. We analysed whether any effects differed between people whose main health problem was mental rather than physical.

Results There was no significant association between the reassessment process and the chances that people out-of-work with a long-standing illness entered employment. ...

Lots Of Allegations But Not Many Convictions

Click on this to see it full size. This is from the Annual Report of Social Security's Office Of Inspector General

SSNs To Go Off Army Dog Tags

     From the Army Times:

Soldiers' Social Security numbers will no longer be part of their dog tags, the Army announced Tuesday.

The change, which some have argued is long overdue, is the first update to the ubiquitous identification tags in more than 40 years.

A soldier's Social Security number will be replaced by a 10-digit, randomly-generated number. ...

Field Office Telephone Service Improves

     Social Security has released the statistics shown below on how well its field offices are answering their phones. They're only able to answer them 84% of the time but this is a dramatic improvement over January 2014 when they were only answering the phone 61% of the time.

First Re-Recon In 33 Months

     My firm received an "informal remand" decision today. These are also called re-recons. This was the first one for us since March 2013. Informal remand is a way of approving disability claims for those with very strong cases who are trapped in the long way for a hearing before an Administrative Law Judge. Across the country, there are tens of thousands of similar cases that the agency should approve in this fashion.

Look What Happened After The GOP Took Over The House

     There's been no formal change in Social Security's rules for determining disability due to intellectual disability or mental illness in decadess. However, look at what's happened in recent years to the number of people approved for disability benefits for these reasons:

Number Of Disability Insurance Benefits Claims Approved For Intellectual Disability

2010 -- 18,867

2011 -- 14,145

2012 -- 12,009

2013 -- 10,141

2014 -- 9,738

Number Of Disability Insurance Benefits Claims Approved For Mental Illness (Including Intellectual Disability)

2010 -- 218,862

2011 -- 191,898

2012 -- 172,995

2013 -- 145,997

2014 -- 123,676

     What happened in 2010 that started this change? Could it be the fact that Republicans took control of the House of Representatives? Is that the same as a change in the statutes or regulations? What do Republicans have against the intellectually disabled? What do they have against those suffering from mental illness? And the biggest question -- why should a change in the control of Congress affect how Social Security determines disability?

Population Insured For Disability Has Risen Far Faster Than Total Population

Disability Causes Poverty

How Can You Function Like This?

     Earlier in the week I had posted an e-mail I had received about the serious problems attorneys have in getting the Social Security Administration to simply recognize that they are representing particular clients. The post attracted a number of comments from attorneys expressing the same frustration. I think this comment, obviously from a Social Security employee, posted anonymously, is worthy of greater attention since it helps explain why the problem exists and because it demonstrates one of many serious systems problems at Social Security:

This problem is not going away. It results from:

1)A terribly complicated process for adding/changing representatives.

I'll simplify it for those who aren't agency employees. Key in attorney info into the attorney database and link it to the claims. Go to the claims processing systems (one or Social Security Claims another for SSI claims) and pull the attorney information into the claims processing systems. Then you go to the the disability claims system (medical file that is sent to DDS and subsequently ODAR) and pull the attorney information into it. Then you have create the acknowledgment letters to mail to the attorneys and store copies of the actual documents in the electronic folder. If you don't complete all those steps then the attorney is not correctly added and one (or more) components (DDS, ODAR, AC, PC) may not be aware the attorney is involved. Or you may do all that and forget to send the acknowledgement letter, which means the attorney never receives confirmation. Here's the kicker, let's say you sign up to represent a claimant and their claim is already pending at ODAR. The FO is the only component that can take all the steps above. Needless to say, it's hard for FO employees to prioritize that work when the claim is pending at ODAR and may not get a hearing for another 6 months. Even FO employees who understand the need to process the attorney forms timely will still make numerous makes due to the number of steps involved in adding or changing representatives.

Add this to the mix, ODAR can (and does) add the attorney to their case processing system, which will make sure the representative gets the notices from ODAR. BUT, if the FO fails to do it's part, then the payment center or the FO processing the ALJ determination, may accidentally process the claim without the attorney information.

2)There is not enough staff in many offices to process these actions timely. As a result, These actions pile up. Attorneys follow-up and send duplicate packages, which makes the problem worse. Resentment builds up on the part of FO employees towards attorneys, which demotivates FO employees regarding this workload.

The problems may lessen if the Agency is properly staffed. However, even if it is properly staffed, there will always be a level of dysfunction in this area due to the complexity of the process/system for adding and changing representatives. They aren't going away and it's unrealistic to expect them to.

9:13 PM, December 02, 2015

Delayed SSI Payments

     From an Emergency Message that the Social Security Administration has released to its staff:

... On December 1, 2015, approximately 18,773 recipients did not receive their recurring monthly SSI payments. After researching the issue, the agency discovered a systems coding issue that prevented the release of the payments. The payments were correctly annotated on the Supplemental Security Income Master Record (SSR), but were not included in the payment files sent to Treasury for processing....

Inform recipients that the Social Security Administration (SSA) is aware of the issue and working to re-release the payments. Electronic payments should be deposited on 12/03/2015. Paper checks will take about 5 to 7 business days. Refer the recipient to his/her servicing field office for further assistance for dire need situations....

Proving Homelessness

     Given the ridiculous hearing backlog at Social Security now -- approaching two years in much of the country -- it's crucial that homeless claimants receive the expediting that Social Security allows them. But how are we supposed to prove homelessness? You might say, "That's easy. Just get the homeless shelter to write a letter on their behalf." That's easier said than done even when we're talking about homeless shelters and most homeless people don't stay in homeless shelters. There are few homeless shelters in rural areas. Homeless shelters can be dangerous places. Most homeless people avoid them when they can. They move around between relatives and friends, never staying anywhere long. Some live in tents or shacks in the woods. How are these claimants supposed to prove their homelessness?

     At the moment, I’m asking homeless clients either to write a letter that I can send to Social Security or get someone at a homeless shelter or a relative or friend to write a letter but this doesn’t work so well. Homeless people often lack the ability to write a letter and lack people in their lives who can or will write a letter on their behalf. 

     I keep thinking there’s got to be a better way. What are other people doing? Would a form that a claimant or someone in their life could complete work?

This Is Frustrating

     Here's a message I received recently on a listserver for North Carolina Social Security attorneys, edited to remove names and locations:

I can echo ____'s experience with the SSA FO [Field Office] in _____.  The letters of representation along with my 1696s, 1695s, and 827s [apart from the 827 these are forms that Social Security needs to establish that the claimant is being represented]  routinely that I mailed to the FO would disappear into some black hole.  Taking them down to the FO for personal delivery did not work either as the security guards are not permitted to handle materials pertaining to SS benefits nor was a receptacle into which I could put correspondence readily available.  Since delivery confirmation and certified mail are rather expensive, we started faxing in addition to mailing our LOR and initial forms to the SSA FO so that we would receive a fax confirmation sheet showing that we submitted our LOR and initial forms.  Even then, the SSA FO staff there would always react like it was our fault if we called to find out if our letters of rep and initial forms were received and they could not find any record of our represent ation of our client in their system.  The addition of a reminder or "tickle" to f/u with the FO sounds like a great idea for helping to deal with this situation. 

     Note that the field offices complain when these forms are submitted more than once, saying it makes extra work for them and causes confusion, but, at least where I am, the field offices are unreliable in entering an attorney's representation documents into their system. The documents disappear for weeks or months or disappear altogether. The field offices also complain about having to take calls asking whether they've entered attorney representation into their system. When the forms disappear, the field offices always blame the attorney.

The Choo Choo Is Running Late In Chattanooga

     Here's another story about the huge backlog of people awaiting hearings on their Social Security disability claims. This one concerns Chattanooga. The backlog there is officially 19 months but that number is misleading. Social Security always averages in cases that are quickly dismissed because the claimant was late in filing the request for hearing. The real wait there is probably more like two years.

Social Security Crime Wave

     From the Miami Herald:

As the feds put the screws to South Florida criminals who steal income-tax refunds, more thieves have come up with alternative scams to rip off government benefits — most notably, from elderly Social Security recipients, according to authorities.

By tapping into a federal website, “My Social Security,” they have been able to swipe names, dates of birth and ID numbers to open online accounts and redirect retirement benefits from the victims to themselves. ...

Frisler Clairvil, 29, of Lauderdale Lakes was charged in mid-November with stealing more than 1,300 identities of Social Security recipients and redirecting more than $300,000 in benefits to himself by manipulating personal information on the “My Social Security” website from 2013 to 2015, according to an indictment. ...

Read more here: http://www.miamiherald.com/news/local/community/miami-dade/article46781585.html#storylink=cpy

Read more here: http://www.miamiherald.com/news/local/community/miami-dade/article46781585.html#storylink=cpy

Hey, Heritage Foundation, No Problem, As Long As You Treat Me Like Other Businesses

     The Heritage Foundation, a right wing advocacy group, has released an Issue Brief calling for an end to withholding of fees for representation of Social Security disability claimants. Here's an excerpt:

... Direct payment for SSDI [Social Security Disability Insurance] representatives establishes a dangerous standard. If increased access or guaranteed payment is sufficient reason for the government to intervene in private transactions, what will prevent all sorts of additional intrusions by the federal government into individuals’ lives? Should the government also provide direct payment to apartment building owners, car dealerships, and colleges?...

The fact that many service providers find it difficult to collect payment from their clients does not mean that the federal government should become the fee collector. State law provides avenues, such as small claims court, for individuals and businesses to obtain their just due.  ...

     I've got no problem with this, Heritage Foundation, as long as you afford me the same "avenue" afforded other businesses in similar situations -- a lien. Take your car to a car dealership to be repaired and the mechanic has a lien -- meaning the mechanic can hold onto your car until you pay for the repairs. Hire a contractor to make repairs on your house and then don't pay the bill -- the contractor has a lien on your house which can be collected with foreclosure if necessary. Finance purchase of a car and stop making payments on the car -- the lender can send out the repo man since the lender has a lien on the car. Hire an attorney to represent you on a personal injury claim after you're injured because some other driver runs a red light and you get a $25,000 settlement -- you can't just take the money and stiff the attorney because the attorney has a lien on the settlement. 

     The Social Security Act forbids most liens on Social Security payments, preventing the lien that an attorney would otherwise have on the back benefits of a client they represent. The law forbidding liens on Social Security benefits has a prominent exception for federal student loans so, yes, a lender associated with a college can get direct payment from Social Security. There's also an exception for debts owed the federal government and for child support. Want to end those exceptions while you're at it, Heritage?

     Liens are an essential part of our legal system and our whole economy. They date back centuries. They're part of our legal heritage. Without liens much of our modern economy would become impossible. While the Heritage agenda often has an anarchist flavor, I doubt that they want to abolish liens.

     If the anti-assignment provision in the Social Security Act had an exception allowing a lien on back Social Security benefits for claimants represented by an attorney, I've got no problem with doing away with the current attorney fee structure at Social Security. 

     How would an attorney lien on back Social Security benefits work? Social Security would issue a joint check for the back benefits made out to the attorney and client. They would each endorse the check and the attorney would be able to take out his or her part and pay the rest to the client. That's the way it works with personal injury settlements. It works that way because the attorney has a lien on the settlement. Why shouldn't attorneys who represent Social Security claimants have the same legal rights as other attorneys and other businesses generally?
     By the way, take a look at the chart that Heritage included in their piece. It looks like the business of representing Social Security claimants hasn't been too profitable lately anyway.
     Also, by the way, it's past time to adjust the cap on fees under the fee agreement process. It's now $6,000 but should be more than $7,000 if adjusted for inflation. Social Security can slowly achieve Heritage's goal of choking off attorney representation of claimants by leaving the cap at $6,000 indefinitely. In fact, it appears that's what's happening. It's time to lift the cap. The law is intended to allow claimants to have access to representation. Implement the law's intention.

Taking Bribes To Speed Up Adjudication Of Social Security Disability Claims

     From the Sun Sentinel, one of many newspapers that hides where it's located:

A former claims representative for the Social Security Administration who took money to speed up the benefits process for selected clients was sentenced to four months in jail followed by four months of house arrest Wednesday.

Maria Sanchez, 50, of Pembroke Pines [apparently a town in Florida], was immediately taken into federal custody. She admitted earlier this year that she received between $13,000 and $15,000 in illegal payments in exchange for moving people to the top of the benefits list.

About every three weeks between 2008 and early 2011, when she decided to stop, Sanchez received a green folder that contained five or six Social Security benefits applications and a white envelope that usually contained $500 in $100 bills. The folders were dropped off at Sanchez's office or during meetings in a Hollywood parking lot, investigators said.

Federal prosecutors said Sanchez took money and gave preferential treatment to speed up the application process for clients of Irma Davidian, 52, of Boca Raton. ...

Davidian was the director of American Advisory Associates, a Boca Raton company that advertised it could help applicants obtain government benefits. Davidian has admitted she recruited clients by running ads in a Russian-language newspaper and they paid her to help them apply for assistance. She is scheduled to be sentenced next month. ...

Though Sanchez did not personally approve the benefits and prosecutors said nobody she helped received any benefit they were not entitled to, Sanchez unfairly moved them to the top of the waiting list and moved other people to the bottom.

     It's hard to tell from the article but it looks like Ms. Sanchez was maintaining her "business" on the side while employed at a Social Security field office.

Hearing Delays Cause Suffering

     From the Associated Press:

Diabetes, arthritis and open-heart surgery have kept Sherice Bennett from working, but she can't afford her medicine and became homeless while waiting for more than two years for a chance to convince a judge that she qualifies for federal disability benefits.

Maria Ruiz also is waiting to appeal her denial; meanwhile, she's been in and out of psychiatric wards since being diagnosed as bipolar, and hasn't been able to buy her meds since August.

Still others die waiting. One man had already been dead for two months this summer before his request for a hearing reached the desk of Miami Judge Thomas Snook. He ultimately approved the claim and the man's spouse will collect his benefits.

 Overburdened administrative judges are working through huge caseloads of these appeals all over America, but Miami has the country's longest average wait for a hearing, at 22 months. And while they wait, many slip into poverty, burdening their families and dragging down the economy. ...

Delays in other cities are nearly as bad: Brooklyn, New York; Spokane, Washington; Milwaukee, Wisconsin; and Fort Myers, Florida, have 20-month waits. Atlanta, Charlotte, North Carolina, Cincinnati, Baltimore and Chattanooga, Tennessee, are close behind with 19 months. The shortest wait time is eight months in Fort Smith, Arkansas. The national average is about one year and four months, according to the Social Security Administration, and petitioners typically wait another four to five months for a decision after the hearing. ...

The agency's current goal is to reduce the wait to 270 days or less by 2020. A pre-hearing triage program has begun, and the hiring of 400 more judges is planned by 2018.

Poor Education And High Rates Of Disability Go Hand In Hand

Disability Rates Rise With Age

Happy Thanksgiving