Astrue Nomination Committee Vote On January 31

The Senate Finance Committee has scheduled an executive session for January 31 to get organized, which presumably means making subcommittee assignments. The Committee has scheduled a few small items of business to be decided at the same executive session and the nomination of Michael Astrue to become the next Commissioner of Social Security is one of them. After the Finance Committee acts, the matter goes to the Senate floor.

New Funding Resolution Draft Coming Tonight -- Will SSA Avoid Furloughs?

Today's Wall Street Journal reports that Congressional leaders will release a draft continuing funding resolution tonight. Almost all of the federal government, including Social Security, is operating under a continuing funding resolution, rather than a budget. The current continuing funding resolution will expire on February 15. Congressional leaders have announced their intention to use a continuing funding resolution for the rest of the year, based largely upon the one which will expire on February 15. If unchanged, this continuing funding resolution would probably cause employee furloughs at Social Security. The question is whether Social Security will get additional money.

Developmental Delay Grant Available

From today's Federal Register -- and, yes, this was posted by the Social Security Administration:

The Social Security Administration requests applications for cooperative agreement funding to support projects that will design and implement effective, replicable, and sustainable models which will increase the number of children (birth to age 5) who receive developmental screening and improve the early identification of children with developmental delays and/or disabilities.

This grant may or may not be a good idea, but why is it coming from the Social Security Administration? Was this a Congressional earmark? I hate to beat a dead horse, but when Social Security cannot answer its telephones and it is routinely taking a year and a half and more for Social Security to schedule hearings for sick, desperately poor Social Security disability claimants, most of whom will be awarded benefits by Administrative Law Judges, does it make any sense for Social Security to spend money on something that is so far away from the agency's core function that it sounds like a project for the National Institutes of Health, if anyone?

New Commission Proposed

Medical News Today reports on a new proposal in Congress:

Sens. Dianne Feinstein (D-Calif.) and Pete Domenici (R-N.M.) on Monday introduced a bill to establish a permanent, bipartisan commission that would provide recommendations to maintain the future solvency of Medicare and Social Security, CQ Today reports (Wayne/George, CQ Today, 1/22). The 15-member commission -- which would include seven Republicans, seven Democrats and one independent -- would have to provide recommendations to Congress within one year and subsequently every five years. Under the legislation, the recommendations would have to be reported by House and Senate committees within 60 days or be directly discharged to the House or Senate floor.

Unum Sells Genex

The Associated Press reports that UnumProvident, the nation's largest writer of long term disability (LTD) insurance, has sold Genex, a subsidiary, to a private equity firm. Genex has been involved in case management and medical cost containment in LTD and workers compensation. The case management services have included representing disability claimants before the Social Security Administration. Writers of LTD insurance have a huge interest in obtaining Social Security disability benefits for their insureds since LTD policies offset the Social Security disability benefits. UnumProvident reported only a "small net gain" on the sale.

The sale might free Genex to seek the business of individual Social Security disability claimants who need representation, basically entering the retail market for Social Security representation, rather than relying upon the wholesale business provided by LTD carriers, although there is no sign of such an intent or that Genex could be successful in this should they chose to try it. The sale certainly opens the possibility for dramatic change in the market for LTD carrier representation in Social Security disability claims.

ALJ Erving Torres Alleged To Misuse Handicapped Parking Space

From the St. Petersburg Times:

TAMPA - Each day, administrative law judge Elving L. Torres decides whether people are disabled enough to receive Social Security benefits.

Sometimes he puts himself in the shoes of people who appear before him: He parks his luxury import car in the handicapped spaces outside the building where he works.

A handicapped parking placard appears on the dashboard of his silver Mercedes-Benz AMG coupe. But it was issued to an 86-year-old woman from Bradenton, according to state motor vehicle records. ...

Through a receptionist, Torres declined to speak to a reporter who inquired about his handicapped placard, referring questions to the Social Security Administration's regional office in Atlanta. He declined to answer questions a second time as he approached his car in the parking lot Wednesday.

"I work for a federal agency," Torres said. "I can't speak to you without approval," he said, adding that he would speak if he received permission. ...

Request For Help On Micronesia Issue

Has anyone investigated the issue of whether immigrants from Micronesia allowed into the United States under the Compact of Free Association Act of 1985 are eligible for SSI? These immigrants stand in a unique position under United States law. Their status under Title XVI of the Social Security Act is difficult to determine, at least for me. If you have information on this subject, I would appreciate an e-mail to charles[at]charleshallfirm.com.

Federal Times On Confirmation Hearing

The Federal Times has an article up on the confirmation hearing on Michael Astrue's nomination to become the next Social Security Commissioner.