SSA Posting Job Vacancies

Ordinarily, this would not qualify as news, but the Social Security Administration is advertising two job openings. This is the first sign that there may be some hope for Social Security's administrative budget situation. Social Security is being squeezed by a drastically short operating budget under a continuing funding resolution. Perhaps, this is a sign that there is hope that the new continuing funding resolution, due by Friday, will not be so draconian. Certainly, there is every reason to expect better funding once Democrats take over control of Congress next year, but Social Security has to get through the next two months or so first -- and avoiding a staff furlough during this time period is essential.

India Totalization Agreement

There was a prior report from the Indian side that there were efforts underway to negotiate a totalization agreement with India. There is now a report on ANI, an Indian new agency, quoting the U.S. Undersecretary for International Trade as saying that negotiations will start soon on such a treaty. There are many Indian immigrants in the United States and most of them are middle class individuals who might have been covered under India's Social Security system.

SSAB Nominations Hearing

The Senate Finance Committee is holding a hearing today (December 5) on the nominations of Dana Bilyeu and Mark Warshawsky to the Social Security Advisory Board.

User Fee Increase In Effect Now

From Social Security Emergency Message EM-06094 (emphasis added):

Effective with fees paid December 1, 2006 and later, the user fee increases from $75.00 to $77.00 or 6.3% of attorney fee, whichever is lower. The cap was adjusted based on annual cost of living adjustments (COLAs) rounded down to next lower $1 for the current calendar year.

Automated fee computations, fees processed manually, or paid by A-OTP, will use the increased fee assessment cap to compute the user fee for fees paid on or after December 1, 2006.

U.S. Marshall's Process Service Form Available On-Line

The U.S. Marshall's Service has posted on-line a fillable version of their form USM-285 which is supposed to be used for in forma pauperis cases in the United States District Courts. This form is used frequently by two groups -- prisoners filing pro se complaints and attorneys representing Social Security claimants.

What Will New Continuing Resolution Say?

The current continuing funding resolution under which Social Security is operating expires on Friday, December 8, according to the Library of Congress. There will be a new continuing resolution before the end of this week. The big question is what it will say. Congress has passed no budget for the Social Security Administration for the current fiscal year, which began on October 1. The agency is operating under a continuing funding resolution that allows the agency to spend money only at a very low rate. If the current continuing resolution provisions are continued, Social Security cannot hire new employees to replace any who leave and there is a threat of a furlough for current employees, simply because there may not be enough money to keep the offices open every day. It is already clear that there will not be a budget for the current fiscal year until after the new Congress convenes in January. It is not clear how long it will take the new Congress to produce a new budget. Will the new continuing resolution continue funding only at the current very low level which may require a furlough of Social Security employees before a new budget is passed or will the funding level be increased so that Social Security can operate effectively until a new Congress can pass a funding bill?

POMS On Administrative Sanctions

Social Security has added a new section to the Program Operations Manual Series (POMS) issuance entitled "Answers to Frequently Asked Questions" on the administrative sanctions program, by which Social Security can punish claimants for making false statements. The POMS issuance gives many examples of situations in which it would be appropriate to apply the administrative sanctions process.

Upcoming Meetings and CLE

• December 8, 2006, NC Academy of Trial Lawyers CLE, Winston-Salem, NC
• February 2, 2007, State Bar of Michigan Social Security Section Meeting, Lansing, MI
  
• March 1-3, 2007, NADE Mid-Year Board Meeting, Washington, DC
  
• March 9, 2007 Ohio Academy of Trial Lawyers CLE, Columbus, OH
• March 25-28, 2007, NADR Conference, Albuquerque, NM
  
• April 18-20 2007, NADE Regional Training Conference, Albuquerque, NM
  
• April 18-21 2007, NOSSCR CLE, Baltimore, MD
• May 2-4, 2007, NADE Regional Training Conference, Seattle, WA
  
• May 7-10 2007, NADE Regional Training Conference, Atlanta, GA
• May 18, 2007, State Bar of Michigan Social Security Section Meeting, Lansing, MI
  
• May 20-23, 2007, National Association of Disability Examiners Meeting, Stowe, VE
• September 15-20, 2007, NADE National Conference, Sioux Falls, SD
  
• October 17-20, 2007, NOSSCR CLE, St. Louis, MO
• April 8-11, 2008 NADE Regional Conference, Austin, TX
• June 4-7, 2008 NOSSCR CLE, Miami, FL
• October 15-18, 2008 NOSSCR CLE, Century City, CA

If you know of one that I have missed, please e-mail me at charles[at]charleshallfirm.com.