Supreme Court Denies Cert

The United States Supreme Court has denied certiorari, that is they have refused to review, a decision of the Fourth Circuit Court of Appeals that denied a constitutional challenge on free speech grounds to a law forbidding private mailings that appear to be from the Social Security Administration. A conservative group had used the words "Social Security Alert" on the outside of an envelope used in a mass mailing.

Supervisory RO Position Advertised

Social Security has advertised the availability of a supervisory Reviewing Officer (RO) position. This is a GS 15 job. As described, the supervisory RO"serves as an advisor to higher-level management in OFedRO and as a first line supervisor in an Operational Division on all matters related to the ongoing operations of assigned functions." The announcement states that there are "many vacancies."

Access To Social Security's Computers

There have been many reports that Social Security has been working on ways to allow claimants and their attorneys to have limited access to Social Security's computer records. It has never been clear how soon this would be coming into general use. A document that Social Security published in the Federal Register suggests that it may not be much longer. Under the Paperwork Reduction Act, whenever Social Security or any other agency requests information from the public in any systematic way, the agency has to request clearance from the Office of Management and Budget. A summary of what is planned must be posted in the Federal Register. Social Security has published a notice in the Federal Register that it intends to request that individuals provide passwords to obtain internet access to Social Security's computer records. Actually, to some extent this is old news since Social Security had already obtained clearance for the use of passwords for trials that have been underway. Now Social Security is providing some different numbers for the number of people they expect to be providing passwords. It is now estimated to be 1,630,771 per year, signaling a dramatic expansion coming soon.

Will Lockhart Step Down at SSA Upon Confirmation at OFHEO?

There was an earlier report that James Lockhart, Deputy Commissioner of Social Security, who has been nominated to become the Director of the Office of Federal Housing Enterprise Oversight (OFHEO), and who is currently the Acting Head of OFHEO would not resign his job at Social Security and would be able to draw both salaries even if confirmed at OFHEO. However, the Government Sponsored Enterprise Report states that Lockhart will have to resign the Social Security job once confirmed. The same report indicates that another Social Security official, Edward DeMarch, may be joining Lockhart at OFHEO.

Deputy Chief Federal Reviewing Official Job Advertised

Social Security has announced a job vacancy for a Deputy Chief Federal Reviewing Official. The job is described as:

The Deputy Chief Federal Reviewing Official serves as full deputy and "alter ego" to the Chief Federal Reviewing Official (Associate Commissioner, Office of the Federal Reviewing Official) and is responsible and accountable for the overall program management, direction, planning, objectives, policy-making, and coordination of the Office of the Federal Reviewing Official. Assumes full responsibility for operations in the absence of the Chief Federal Reviewing Official and acts on all matters with full authority of commitment within assigned jurisdiction.

It is a GS 15 job. The announcement indicates that "background and/or security investigation required." Can Social Security do the interviewing as well as the investigation and get someone in the job by August 1, when the Reviewing Official program is supposed to start functioning?

New Drug For Hepatitis C

Hepatitis C already leads to a fair number of Social Security disability claims. There has been reason to believe that Hepatitis C will become vastly more costly for Social Security in coming years since the disease has spread rapidly since it was first discovered 17 years ago. The disease has a long latency period. There may be four million infected people in the United States. Many have no idea that they have a disease that is likely to debilitate them before killing them. Current treatment for Hepatitis C often causes intolerable side effects and is usually ineffective anyway.

Viropharma has announced an experimental drug that it says cut Hepatitis C viral levels by 97% in only 14 days. Only a small scale human study has been done so far. If this holds up, it would be a major public health development and could prevent a big rise in Social Security disability costs.

Tremolite Ruling Issued

Social Security has issued Ruling 06-01p on "Evaluating Cases Involving Tremolite Asbestos-Related Impairments." The Ruling appears to contain nothing new. It was apparently issued to satisfy Senator Baucus of Montana, a state where tremolite has been mined. The tremolite mining has led to many sick people who have apparently been having difficult winning their Social Security disability claims. It is unlikely that this Ruling will help them in any way, although unpublicized changes in Social Security's Quality Assurance system may.

Gerry Promises Tremolite Change

The Billings, MT Gazette quotes Martin Gerry, Social Security's Deputy Commissioner for Disability and Income Security Programs, as promising to change Social Security's "regulations" to include victims of disease related to tremolite asbestos, a problem which may be specific to the Libby, Montana area. Exactly what will be done is unclear since Social Security seems to lack any regulations dealing specifically with asbestos related disease other than Listing 13.15 for mesothelioma, which is caused by asbestos, but that Listing does not require proof of any type or degree of asbestos exposure. An article in the Daily Interlake of Kalispell, MT indicates that SSA will release a Ruling that will specify that a person can qualify for benefits based upon exposure to tremolite asbestos as well as exposure to the more common chrysotile asbestos. No ruling was published in the Federal Register today. This all sounds quite mysterious since the word "chrysotile" cannot even be found in Social Security's enormous Program Operations Manual Series. Distinctions over the source of asbestos which has led to disability seems utterly irrelevant to disability determination anyway. Montana residents with asbestos damage from tremolite exposure may be making a not uncommon mistake -- thinking that the problems they are experiencing in obtaining Social Security disability benefits must be the result of some form of discrimation rather than a general problem affecting most Social Security disability claimants.

Update: A ruling on this subject is scheduled for publication on Friday, May 26.