More Litigation on Budget Reconciliation

The 2005 budget reconciliation bill, labeled as the "Deficit Reduction Act of 2005", was passed by both houses of Congress and signed by the President. It contains provisions affecting the Social Security Administration, primarily a new requirement for staged payments of back SSI benefits. The versions passed by the two houses of Congress were not identical, a fact that was known before the President signed the bill. Since the bill passed by the narrowest of margins in each house, Republican leaders have been very leery of a legislative correction to the problem, insisting that the bill became law despite the differences in the bills passed by the House and Senate. This brought about first a lawsuit in Alabama filed by a Republican lawyer and politican, then a lawsuit brought by Public Citizen, a Washington based public interest group, and now a lawsuit by eleven members of the House of Representatives, filed in Detroit. There may also be a lawsuit in Florida on the same issue. The matter is likely headed to the Supreme Court.

Social Security Trustees Report For 2005

The annual report of the Social Security trustees for 2005 has finally been released. This document is normally of little public interest. There is a little more interest this year than usual because the report had been delayed due to a dispute between the President and the Senate over the appointment of public trustees. That dispute was settled by the use of recess appointments. The report shows that the trust funds will be depleted in 2040, a year earlier than indicated by the last report.

Status of Disability Service Improvement Plan

I suppose we can officially call Commissioner Barnhart's plan for disability adjudication at Social Security the Disability Service Improvement (DSI). Implementation of DSI is set to begin on August 1, 2006 in Social Security's Boston Region. A centerpiece of DSI is the Reviewing Officer (RO) position, a new job. Although implementation of DSI is supposed to begin three months from today, Social Security has not yet announced any job openings for ROs or their supervisors on the USAJobs website. Interviewing job applicants takes time. After they are hired new employees often have to move themselves and their families to a new city. Training of new employees takes time. In general, the Federal establishment moves more slowly than private enterprise. All of this suggests that the August 1, 2006 start date for DSI may already be in danger.

Upcoming Meetings and CLE

• 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 17, 2006, Social Security Advisory Board Meeting, Washington, DC
  
• May 19-20, 2006 Stetson University CLE, Tampa, FL
• July 14, 2006 Minnesota Legal Services Coalition CLE, Somewhere in Minnesota, but the sponsor did not bother to give the information
  
• July 18, 2006 ATLA Social Security Disability Section and Health Care and Disability Litigation Group CLE program, Seattle, WA
  
• 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.

Monthly Social Security Stats

Social Security has issued its monthly statistics for Title II and Title XVI.

New Jersey Man Indicted For Social Security Fraud

The Asbury Park Press reports that a Toms River, N.J. man has been indicted for fraud for accepting over $200,000 in Social Security disability and workers compensation benefits while working for his son's home improvement business.

Boston Lawyer Convicted Of Social Security Fraud

Prominent Boston lawyer Robert Gerrard has been sentenced to three years of probation for continuining to receive his mother's Social Security benefits for 16 years after she died, according to Boston.com news. His law license has also been suspended.

Plan Coming to Offset VA Benefits Offset By Social Security?

There are reports that Terry Scott, the chairman of the Veterans' Disability Benefits Commission, which was recently set up by Congress to study VA benefits, is pushing a plan to offset veteran's disability benefits by Social Security disability benefits. Any such offset, which would be unpopular with veterans, would have to be passed by Congress and signed by the president.