A Question About Part D

Many Social Security disability claimants are approved for Social Security Disability Insurance Benefits by an Administrative Law Judge (ALJ). It is taking so long to get an ALJ hearing that most of these claimants are now entitled to retroactive Medicare benefits, despite what amounts to a two and a half year waiting period for Medicare coverage. The mechanics of retroactive entitlement to Part A and Part B of Medicare are well established -- Part A coverage automatically goes back to the date of first eligibility and Part B goes back if the claimant asks that it go back and is willing to pay the back premiums. But what about Part D, the prescription drug benefit? Is there any way to get retroactive Part D Medicare coverage?

Social Security Financing Problem Disputed

David Francis reports in his Christian Science Monitor column that the annual report of the Social Security trustees may seriously overstate Social Security's funding problems. He relies upon David Langer, a New York actuary, who claims that there is actually no problem. The issue is how one predicts future economic growth. Very slow economic growth was assumed in the prediction that the Social Security trust funds will run out of money in 2040. According to the column, the slow growth assumptions were choosen deliberately to portray Social Security's situation in a bad light. Actually, no one can accurately predict economic growth in the 75 year period over which Social Security trust fund predictions are made. In the past, the economic growth projections used by Social Security's actuaries were too low. Assume more vigorous growth and there is little or no problem.

Reviewing Official Job Advertised

Social Security is now accepting applications for the Reviewing Official (RO) job that is a centerpiece of Commissioner Barnhart's plan to revamp the adjudication of disability claims. The job notice indicates that the positions will be in Falls Church, VA. No specific number of jobs is mentioned, only that there are "many vacancies." The job is at the GS 13 or GS 14 level and requires a fair amount of Social Security experience. Social Security is only accepting applications for the position through May 19.

Medicare Part D Implementation at SSA

Beatrice Disman, Chairman of Social Security's Medicare Planning and Implementation Task Force testified on May 3 to the Health Subcommittee of the House Ways and Means Committee. She spoke on Social Security's efforts to implement Part D of Medicare, the prescription drug benefit. Her prepared remarks did not contain any statement on whether she believes that the signup period for Part D should be extended past the current May 15 deadline.

Fee Payments Down In April

Payments of fees to attorneys and others who qualify for direct payment for representing claimants before the Social Security Administration were 13% lower in April than in March, 2006, as well as down 13% from April 2005, in figures released by Social Security.

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
Apr-06	23,042	$79,714,961.76

Social Security Extends Digestive Listings

Social Security's listings of impairments are a significant factor in determining the outcome of disability benefits claims. Each listing has an expiration date. The expiration date for the digestive disorders listings was coming up in July 2006. Social Security has now published a statement in the Federal Register extending the expiration date to July 2, 2007. The statement indicates that Social Security intends to amend the listing before that date.

Social Security Subcommittee Hearing

The House Social Security Subcommittee has scheduled a hearing for May 11 on service delivery challenges facing the Social Security Administration. The Chairman of the Subcommittee, Jim McCrery issued the following statement about the hearing:

Despite growing workloads and a number of service delivery challenges, including assisting the victims of the Gulf Coast hurricanes, the employees of the Social Security Administration press on, doing everything they can to effectively serve our Nation’s seniors, individuals with disabilities, and their families. The costs of providing these services are paid for by the hard-earned wages of American workers, and these workers expect and deserve responsive service. This hearing will highlight the degree to which that service is achieved, and at what cost.

NADR Referral Service

The National Association of Disability Representatives (NADR) now has a referral service for claimants who wish representation. NADR is an organization composed primarily of non-attorney representatives of Social Security disability claimants. NADR's referral service will be in competition with that of NOSSCR, the National Organization of Social Security Disability Representatives (NOSSCR), an organization composed primarily of attorneys who represent Social Security disability claimants.