SSA To Keep Attorney Fee Database And Issue 1099s

The Social Security Administration has announced that it is establishing a database of attorneys and what it is now calling "EDPNA", Eligible Direct Pay Non-Attorney, to keep records of fees paid by Social Security for representing claimants. Attorneys and "EDPNA" will have to submit their Social Security Numbers or Employer Identification Numbers (EIN) to get paid. SSA will start issuing 1099s to attorneys and "EDPNA." The notice also suggests that this database would allow SSA to collect debts owed the federal government by seizing fees. It is unclear when this will begin or how attorneys and "EDPNA" would sign up. Probably, attorneys and "EDPNA" will have to submit some form for each case giving their SSN or EIN.

FEDRO Jobs Posted

Social Security has posted what is described as "� few vacancies" for G.S. 13 Management Analysts with the Office of the Federal Reviewing Officer.

International Update

Social Security's Office of Policy has released its International Update, giving information about Social Security developments in other countries.

DSI New Decisional Software

Some excerpts from the minutes of recent Executive Committee meetings of the National Council of Social Security Management Associations (NCSSMA) (emphasis added):

The DDS’s will have new software that will walk them through the decision making process [under DSI] to improve accuracy and consistency. They believe that the cases will initially take them longer due to the learning curve of the new software. It will probably not take less time but will standardize and upgrade the quality of the product...

Now the first appeal level is the federal reviewing officials (FEDRO) that will be centralized in Falls Church, VA. ... This level of appeal is expected to take the same amount of time as a reconsideration takes now. However, due to the quality of the decision making using the new software, the expectation is that allowance will be identified sooner keeping some cases out of ODAR (formally [sic] OHA). If the FEDRO disagrees with anything that the DDS documented, they have to document point by point what the changes are. The changes will be sent to the DDS so that they can see where issues are being overturned...

The judges have to follow the same process using similar software as DDS and the FEDRO.

There have been indications all along that Social Security intended to use some new software for the DSI experiment. It was unclear though whether this was merely sofware designed to keep track of cases or whether it was more substantive, software that would potentially have an effect upon how the case was decided. The material above makes it fairly clear that this new software is substantive. This raises at least a couple of issues. First, will it work? SSA has a history of trying to implement software that did not work and had to be abandoned. If that happens, DSI is likely to die quickly. Second, to what extent will the new software influence the outcome by making it harder for ROs and ALJs to overturn prior decisions? It sounds from the description above that this is the intended result. At the initial level all that DDS must do is to make a decision. At the RO or ALJ level, there must be "point by point" documentation to justify overturning the prior decision. This could easily make the ALJ hearing something other than a de novo proceeding.

This also adds a new abbreviation -- FEDRO. That name makes anyone who has traveled much on I-95 think of South of the Border.

SSA To Contract Out Fraud Investigation

Social Security has announced its intention to contract out fraud investigation to the Cook County, IL Sheriff's Department. The announcement makes it clear that SSA expects the Sheriff's Department to make arrests.

Disabled Veterans Not Applying for Social Security Disability Benefits?

The Congressional Budget Office reports that only 15% of those who receive Veterans' Disability benefits are also receiving Social Security disability benefits. It is unclear how many of these disabled veterans should be receiving Social Security disability benefits. Most of those on VA benefits receive only partial disability benefits, such as 10% or 20%, while Social Security disability benefits are either 100% or nothing. Also, many of the veterans are beyond Social Security's full retirement age and can no longer be eligible for Social Security disability benefits.

Eileen Sweeney Passes

This month's newsletter from the National Organization of Social Security Claimants Representatives (NOSSCR), the Social Security Forum, contains the depressing news that Eileen Sweeney passed away on June 13, 2006. Eileen had been an incredibly effective advocate for Social Security claimants. She had been a mainstay of the National Senior Citizens Law Center and later played a key role at the Children's Defense Fund and the Center on Budget and Policy Priorities. She will be greatly missed.

SSA Gives Awards

The Dover Post reports that Jo Anne Barnhart, Commissioner of Social Security, visited Delaware, her home state, this week and handed out Social Security's Public Service Awards to Ruth Anne Beideman and April Willey for helping advise seniors on the Medicare Prescription Drug benefit. A local Social Security manager handed out the same award, for much the same reason in Pennsylvania to Anne Rappaport and Joe Giebus according to the Times Leader.