Just What Democratic Party Leaders Wanted

A group of Democrats in the House of Representatives, led by Jerry Nadler of New York, has introduced H.R. 5152, the Equal Access to Social Security Act, which would give same sex couples the same rights as married couples under the Social Security Act.

In addition to Nadler, Tammy Baldwin, Howard Berman, John Conyers, Joseph Crowley, Rahm Emanuel, Sam Farr, Barney Frank, Raúl Grijalva, Patrick Kennedy, Barbara Lee, Carolyn Maloney, Jim McDermott, George Miller, Charles Rangel, Pete Stark, Henry Waxman, and Lynn Woolsey are co-sponsors.

Regardless of the merits of the bill, it is politically damaging to Democrats. One has to wonder, in particular, why Rahm Emanuel is a co-sponsor. Democrats can do little to advance the cause of gay and lesbian Americans if they are in the minority in the House of Representatives.

11th Circuit Allows Attorney Fees in Cases Won on Remand

It has generally been understood that if a Social Security case was remanded by a U.S. District Court and the claimant won on remand that the claimant's attorney could come back to the District Court and petition for approval of an attorney fee for work done in representing the claimant before the Court. A judge in the Middle District of Florida challenged this, interpreting the statute to forbid approval of a fee in this situation. The 11th Circuit Court of Appeals has now reversed in Bergen v. Commissioner of Social Security, holding as other courts have, that the attorney may petition for approval of a fee in this situation.

OIG Report Showing Billions of Dollars of Disability Overpayments Available Online

The report of Social Security's Office of Inspector General (OIG) that shows billions of dollars of overpayments of Social Security disability benefits is now available online at the Senate Finance Committee website.

March Fee Payment Stats

Social Security has released statistics on payments of fees to attorneys and others entitled to direct payment for representing claimants in March 2006. Fee payments were up 30% in March over February 2006 and up 35% over March 2005. The following are the 2006 payment figures:

Fee Payments
Month/Year	Volume	Amount
Jan-06	18,752	$64,848,326.02
Feb-06	20,426	$70,312.586.15
Mar-06	26,227	$91,045,934.83

Barnhart Touts Part D

Newszap.com reports that Jo Anne Barnhart, the Commissioner of Social Security, will be in her home state of Delaware today to encourage seniors to sign up for Part D of Medicare, the prescription drug benefit.

Senator Grassley Says SSA Paying $9.1 Billion To Ineligible Beneficiaries Annually

According to WAVE, Senator Grassley, chairman of the Senate Finance Committee which has jurisdiction over Social Security, has apparently issued a press release attacking Social Security's handling of the disability program. The press release saying that Social Security's Office of Inspector General has issued a report that estimates that the agency is paying out $9.1 billion annually to ineligible beneficiaries. The report is not listed on the OIG website.

Rep Payee Fraud in Raleigh

The Raleigh News and Observer reports on a disability advocate who became a representative payee for Social Security disability recipients. He stole at least $69,000 from claimants and may have stolen over $100,000.

First Group of Board Certified Specialists in Social Security Disability Advocacy

According to a handout available at the National Organization of Social Security Claimants Representatives (NOSSCR) meeting in Boston, the National Board of Trial Advocacy (NBTA) has certified the first group of specialists in Social Security Disability Advocacy. NBTA certifications of specialization are accepted in some, but not all states.

Here is the list of those who have recently been certified by NBTA as Social Security Disability Advocacy specialists:

• William T. Coplin, Jr, Demopolis, Alabama
• Terry LaPorte, San Jose, California
• Donna M. Lefebvre, Knoxville, Tennessee
• David J. Linden, Napa, California
• Kenneth A. Miller, Knoxville, Tennessee