A Social Security Emergency Message reveals that Social Security will accept signature proxies on appeals effective on May 22, 2006. A "signature proxy" is a substitute for an actual "wet" signature on an actual piece of paper. This means is that effective May 22, Social Security will accept appeals filed electronically.
May 18, 2006
May 17, 2006
New ALJ Register On The Way?
Nancy Kichak, Associate Director of the Strategic Resources Policy Division of the Office of Personnel Management (OPM), testified today before the Committe on Government Reform of the House of Representatives on issues regarding Administrative Law Judges (ALJs) employed by the federal government. OPM is responsible for maintaining a register of applicants for the position of ALJ. The register has been effectively closed to new applicants since 1999 due to litigation and OPM's lethargy. ALJs are still being hired off a very old list of applicants. OPM published draft regulations in December 2005. Here is a quote from Ms. Kichak's statement, which does not suggest that OPM is planning to rush into anything:
OPM is presently completing work on the new ALJ exam [the "exam" for ALJs is mostly a review of the application]. Although the opening date will depend entirely upon the issuance of newly proposed ALJ regulations, OPM is committed to rolling out the new exam expeditiously once the revised regulations become effective. When a new register is generated from the new exam, the current register will be terminated. When the new exam comes out, OPM also plans to take advantage of our state-of-the-art examining technology, USA Staffing, which allows applicants to apply on-line.
We are making great progress in developing the revised regulations referenced above. In December 2005, OPM posted a proposed rule to revise the ALJ program. The proposed rule removed redundant procedures and outdated information, clarified bar membership requirements, and provided for the ALJ examination process to be established in a manner similar to other OPM examinations. The proposed rule was open for public comment for 60 days. In conjunction with publishing these proposed regulations, OPM also posted a new ALJ qualification standard on its Web site. The ALJ qualification standard was also open for public comment for a 60-day period. At this time, OPM is carefully considering the comments submitted on both the proposed rule and ALJ qualification standard
Inspector General Report on SSI Termination Overpayments
Social Security's Office of Inspector General (OIG) has done a study on the costs of continuining disability benefits to SSI recipients as they appeal decisions that would cut off their benefits. OIG estimates that the costs of doing so were $199.5 million over a two year period.
A few questions come to mind in reading this study. Why was the OIG doing a study of this to begin with? Congress made a value judgment that the fair thing to do for the desperately poor people who receive SSI was to not cut off their monthly checks until the appeal process was finished. Is the Inspector General producing the report in an effort to get the statute changed? What is the purpose of the report otherwise? Is this an appropriate use of OIG funds? OIG attempted to add a little something to suggest that there is some issue other than the statute by saying that the overpayments would not have been as great if SSA could process these cases more quickly. That is true, but there is no mention in the report of the terrible staffing shortages at SSA that delay everything the agency does, including SSI terminations. Although OIG constantly criticizes delays and mistakes at SSA, there is never a mention in OIG reports of the severe constraints imposed upon SSA because its staff has been cut dramatically over the last twenty-five years while SSA's workload has increased dramatically. Perhaps SSA's staffing shortages are not so apparent at OIG, which seems to be flush with money and personnel.
A few questions come to mind in reading this study. Why was the OIG doing a study of this to begin with? Congress made a value judgment that the fair thing to do for the desperately poor people who receive SSI was to not cut off their monthly checks until the appeal process was finished. Is the Inspector General producing the report in an effort to get the statute changed? What is the purpose of the report otherwise? Is this an appropriate use of OIG funds? OIG attempted to add a little something to suggest that there is some issue other than the statute by saying that the overpayments would not have been as great if SSA could process these cases more quickly. That is true, but there is no mention in the report of the terrible staffing shortages at SSA that delay everything the agency does, including SSI terminations. Although OIG constantly criticizes delays and mistakes at SSA, there is never a mention in OIG reports of the severe constraints imposed upon SSA because its staff has been cut dramatically over the last twenty-five years while SSA's workload has increased dramatically. Perhaps SSA's staffing shortages are not so apparent at OIG, which seems to be flush with money and personnel.
Baltimore Man Sentenced For Social Security Fraud
A Baltimore man was sentenced to a year and a day in prison for fraudulently claiming to have custody of his children to receive about $20,000 in Social Security benefits, according to the Baltimore Sun.
Social Security Advisory Board Meeting Agenda
The Social Security Advisory Board (SSAB) has released the agenda for its meeting today. SSAB never releases its agenda until the last minute, even though the agendas do not seem either complicated or sensitive.
9:15 a.m. - 10:45 a.m. Steve Goss, Chief Actuary, Social Security Administration
10:45 a.m. - 11:15 a.m. Clare McFarland, Deputy Director, Office of Medicare and Medicaid Cost Estimates Group1:45p.m. - 3:30 p.m. Kelly Croft, Chief Quality Officer, Social Security Administration
New Regulations on Civil Monetary Penalties
The Social Security Administration has published final regulations on civil monetary penalties to
The regulations had been criticized by the National Organization of Social Security Claimants Representatives (NOSSCR) as overly broad, but were adopted with only minor changes.
... implement amendments to section 1129 of the Social Security Act (42 U.S.C. 1320a–8) to provide for the imposition of civil monetary penalties and/or assessments: against representative payees who convert Social Security benefits for a use other than for the use or benefit of the beneficiary; against those who withhold disclosure of material statements to SSA; and, against those who make false or misleading statements or representations or omissions of material fact with respect to benefits or payments under title VIII of the Social Security Act.
The regulations had been criticized by the National Organization of Social Security Claimants Representatives (NOSSCR) as overly broad, but were adopted with only minor changes.
May 16, 2006
New Regs on PASS
Social Security has published new final regulations on the SSI Program for Achieving Self Support (PASS) program. PASS plans allow SSI recipients to set aside income and resources to help achieve a goal of self support. The new regulations implement a statutory change adopted in 1994 allowing PASS plans to last up to 48 months. Because of other changes in the administration of the PASS program, very few SSI recipients are using the PASS program. It has become nearly a dead letter. Social Security statistics show a declining number of SSI recipients returning to work. Annual Report of the Supplemental Security Income Program 2005 at page 92.
SSA Tries to Drum Up Interest in Ticket To Work
The Social Security Administration is scheduling meetings in Richmond, Sacramento, Boise, Helena, Austin, Mobile, Des Moines, Lansing, Albany and Hartford to try to encourage community groups to apply to offer community based planning and assistance for Social Security disability benefit recipients who wish to use the Ticket to Work program. Despite great fanfare the Ticket to Work program has drawn little interest from Social Security disability benefit recipients.
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