Feb 6, 2006

FY 2007 Budget: Workers Comp Offset To Change and LSDP To End

The President's Budget Proposal for Fiscal Year (FY) 2007 is out. The proposed budget would give a 5% increase in funding for Social Security's administrative budget. Despite this increase, the proposal projects that the average length of time to get a hearing decision from SSA will increase from 443 days to 467 days even though the proposal assumes a 2% productivity gain at OHA, which is probably unrealistic in any case but especially given implementation of E-DIB and the Commissioner's proposal.

The President proposes a number of changes in Social Security law, some of which will be controversial. The Proposal would alter worker's compensation offsets dramatically:
One proposal would replace the current, complicated reduction to DI benefits for beneficiaries in some States who also receive Workers Compensation benefits with a uniform offset that would affect all such beneficiaries for not more than five years. This simplified offset will reduce erroneous DI payments and the burden on claimants in making large repayments, and will save SSA $7 million a year in administrative costs.
The Budget Proposal would end the Lump Sum Death Benefit:
A third proposal will eliminate the lump sum death benefit that currently goes to surviving spouses and children who receive benefits under a deceased worker’s Social Security record. This one time payment of $255 no longer provides meaningful monetary benefit for survivors and is normally less than one month’s widow/widower benefits and children’s benefits. This small payment costs SSA $15 million to administer annually, which will be redirected to higher priority activities beginning in 2007.
Less controversially, SSI recipients would be allowed to save money for certain purposes:
The Budget promotes the Administration’s Ownership Society agenda among the low-income disabled. In 2007, SSA will launch the Disability Freedom Account demonstration project to help disabled Supplemental Security Income (SSI) beneficiaries save more money to pay for their first home, education, or other services needed to get back to work, or for assistive technologies to make their lives easier. Current SSI asset limits will be waived for these individuals. Certain SSI recipients who also receive Medicaid and self-direct their long-term care support services may also be eligible to participate in this demonstration.

Job Openings for Commissioner's Plan?

Social Security has just announced job openings in Boston, MA, Portland, ME, Providence, RI and Manchester, NH for case technicians. These are all in Social Security's Region I, which is where implementation of the Commissioner of Social Security's proposal in supposed to begin. These job openings may be associated with the Commissioner's plan to alter the disability adjudication process. There have been few other announcements of job openings at SSA in recent weeks. Applications for all of the positions are supposed to be sent to the Regional Office rather than to individual Hearing Offices.

Linda McMahon Testifies

Linda McMahon, Social Security's Deputy Commissioner for Operations and the author of a leaked e-mail to Social Security staff that detailed SSA's difficulties in implementing the Medicare Prescription Drug Benefit, gave an upbeat assessment of the status of the Medicare Part D implementation in her prepared remarks to the Senate Special Committee on Aging on February 2. The Committee's Website includes the statements by the other witnesses at the hearing, which are also much more upbeat than one might think.

Philadelphia Inquirer on Social Security Regulatory Proposals

The Philadelphia Inquirer reports today on the controversy surrounding the Commissioner of Social Security's proposals to change the age categories in the Grid Regulations and to change the administrative adjudication process for determining disability.

Feb 5, 2006

Bipolar's Guide to Winning Social Security Disability

Dr. Susan Nickerson, who describes herself as a "professional advocate for the disabled" and who puts the initials "DC PT" [Doctor of Chiropractic, Physical Therapist?] after her name, has issued the “Bipolar’s Guide to Winning Social Security Disability.” It is sold online as an e-book and is intended to help those suffering from bipolar disorder who are filing for Social Security disability benefits and who are "unable or unwilling" to hire an attorney or other representative to help them in their dealings with SSA.

Feb 3, 2006

Senate Unable to Pass Medicare Part D Signup Changes

Senators voted 52-45 to give Medicare recipients until the end of 2006 to sign up without penalty for the Medicare Prescription Drug benefit, also known as Part D of Medicare, and to allow those who have already signed up to switch their coverage to another plan. However, the proposal failed since it was an amendment to a budget bill and amendments to budget bills require 60 votes under Senate rules. The Social Security Administration is currently having considerable difficulty coping with the number of calls and visits it is receiving from individuals seeking help with Part D questions.

Upcoming Meetings and CLE

There are always continuining legal education (CLE) seminars on Social Security and meetings of various groups of SSA and DDS employees. These are the upcoming CLEs and meetings that I am aware of:
If you know of others, please e-mail me: charles@charleshallfirm.com

OMB Criticizes SSA Overpayments

A report by the Office of Management and Budget (OMB) criticizes Social Security overpayments, which are said to have increased from $2 billion to $3.7 billion according to the Associated Press.