SSA Issues Acquiescence Ruling on Fugitive Felon

The Social Security Administration has issued an acquiescence ruling, agreeing to abide by Fowlkes v. Adamec, 432 F.3d 90 (2d Cir. 2005), in the Second Circuit area. The Second Circuit held in Fowlkes that a person could not be a fugitive felon and ineligible for Social Security benefits if he or she were unaware that they were being sought. This ruling applies only in New York, Connecticut and Vermont.

SSA Seeking To Overhaul Medical Evidence Collection

Social Security has posted on the Federal Business Opportunities website that it is seeking help in answering the following questions:

What are the availability, capability and experience of consulting services that would enable SSA to find information and products necessary to develop and migrate to a business process that utilizes standards-based transactions for locating, requesting, receiving and utilizing medical information?

Are these consulting services available to provide responses to the following questions:
How can SSA best accomplish building the framework for the new business process?
How should a new business process be best aligned with comparable business processes in the general health care environment?
How could the transition effect the current environment at SSA?
What services, products and processes exist for maximizing the utility of the medical information once it is received in the future as both structured and unstructured data?

Dispute Over Social Security Trustees

The NY Times reports that a disagreement over the appointment of Social Security trustees is delaying issuance of a report by Social Security's trustees on the financial health of Social Security required by statute. President Bush wants to reappoint two public trustees, but the Senate is resisting, saying that the tradition is that public trustees only serve one term.

Organizational Changes At SSA

JOA posts on the Connect Board that he and other SSA employees received an e-mail today from the Commissioner of Social Security containing the following news, of uncertain importance:

I am pleased to announce the establishment of the new Office of Disability Adjudication and Review. The current Office of Hearings and Appeals will move from the Office of Disability and Income Security Programs to form the nucleus of this new organization.

Lisa de Soto, currently our General Counsel, will lead the new organization as the Deputy Commissioner for Disability Adjudication and Review. Jacy Thurmond, currently the Associate Commissioner for Hearings and Appeals, will move to the new organization as the Assistant Deputy Commissioner for Disability Adjudication and Review. Tom Crawley will serve as the Acting General Counsel.

Please join me in congratulating Lisa , Jacy and Tom on their new roles. I am sure they can count on your continued support.

Criticism of Constitutionality of Budget Reconciliation From The Right

Norman Ornstein at the American Enterprise Institute (AEI) is now describing the passage of the budget reconciliation bill as unconstitutional. AEI is generally labeled as a conservative or right wing think tank. The budget reconciliation bill affects many interests, but the effect on Social Security is primarily on the payment of back SSI benefits.

Too Much Asbestos at SSA?

Social Security's Office of Inspector General is critical of efforts to control asbestos in SSA buildings.

Upcoming Meetings and CLE

• April 2-5, 2006 National Association of Disability Representatives Educational, Boston, MA
  
• April 5-8, 2006 National Organization of Social Security Claimants Representatives (NOSSCR) CLE, Boston, MA
• April 27, 2006 National Business Institute CLE, Milwaukee, WI
• April 27, 2006 Social Security Advisory Board, Washington, DC
  
• May 5, 2006 Cincinnati Bar Social Security Committee CLE, Cincinnati, OH
  
• May 16-19, 2006 National Association of Disability Examiners Meeting, Virginia Beach, VA
• May 16-19, 2006 National Association of Disability Examiners (NADE) Meeting, Jackson, MS
• May 17, 2006 Indiana CLE Forum, Indianapolis, IN
  
• May 19-20, 2006 Stetson University CLE, Tampa, FL
• August 10-11, 2006 Retirement Research Consortium, Washington, DC
• August 11, 2006 8th Circuit Social Security CLE, Omaha, NE
  
• September 16-21, 2006 National Association of Disability Examiners, San Diego, CA
  
• October 11-14, 2006 National Organization of Social Security Claimants Representatives (NOSSCR) CLE, Phoenix, AZ
• October 16-19, 2006 National Council of Social Security Management Association Meeting, Milwaukee, WI
• May 20-23, 2007, National Association of Disability Examiners Meeting, Stowe, VE
  

If you know of others, please e-mail me.

Disability Plan Published

Final regulations for Commissioner Barnhart's plan to alter Social Security's processes for adjudicating disability claims have been officially published in the Federal Register.