Josh Marshall On Social Security

Josh Marshall runs the highly influential Talking Points Memo blog. He was recently interviewed by Frontline. He had some interesting things to say. Here is an excerpt about Social Security:

And you say that in the Social Security area, the mainstream press really doesn't care about it because they make too much money?

I think the fairly comfortable economic position of a lot of the lead reporters makes them relatively indifferent to the future of social security. Yeah, I think that's true.

Their class position influences how they cover things.

Yeah. Not in ways that they're dishonest. I think all sorts of facts about individual reporters go into the assumptions that they bring to the news. Yeah, I think that that's one of them.

In the case of Social Security, another thing that played into that is the conventional wisdom in Washington, and the conventional wisdom in Washington on Social Security leaned right. ...

Astrue Confirmed

Michael Astrue has been confirmed for a six year term as Commissioner of Social Security. See the Congressional Record.

Don't Tell Anyone! Social Security Can't Answer Its Telephones

This is basically a repeat of some information from a January 4 post, but I think it is worthy of another look. Many of the people who read this blog are involved with the hearing process at Social Security. They are well aware of the backlogs and delays at Social Security's Office of Disability Adjudication and Review (ODAR), but Social Security's budget and staffing problems go well beyond ODAR. Some of the most indisputable evidence of Social Security's terrible budget problems is outside ODAR.

Read over the excerpts below from a report of a recent conference call between Social Security officials and the National Council of Social Security Management Associations (NCSSMA), an organization of Social Security management personnel, on the subject of answering the telephones at Social Security. Think about what kind of turnover Social Security must have at its teleservice centers and what a year long hiring freeze will mean for Social Security's ability to answer its telephones. What kind of service will the Social Security Administration be able to give by September 30, 2007, when this fiscal year ends? Also, think about this question, why did Jo Anne Barnhart, who was Commissioner of Social Security until a couple of weeks ago, not publicize the agency's problems answering its telephones, even when she was in the midst of a struggle to get adequate funding for Social Security? She had clear evidence that service at Social Security was already at a level that any Congressperson would have to agree is unacceptable, but even as she was threatened with a budget that would take the service situation at Social Security from an unacceptable level to a crisis level, she could not bring herself to tell Congress or the American people about the situation. The damning information has to come out of an organization that few people have ever heard of.

From FY 05 to FY 06 there were 1 1/2 million more calls coming in to the agents[at Social Security teleservice centers that answer Social Security's 800 number calls]. ...

Rick [Warsinskey, president of NCSSMA] reported how FO [Field Office] managers report that many calls go unanswered in the FOs. The most recent report states FO’s got 67.8 million business related calls in FY 2005. He asked if there was any possibility of getting more FO calls routed to the 800# either by Forward on Busy (FOB) or publishing the phone number in the phone book. Do the TSCs [teleservice centers, which answer the 800 calls] have the capacity for handling these additional calls?

OTS [Office of Telephone Services?] responded that the TSCs are beyond capacity. The targets are at 330 seconds to answer a call. The target busy rate is 10%. If we sent more calls to the TSC we could seriously degrade the service we are giving now. There is no capacity for that work in the TSC nor is there any capacity to handle it in the FO. The TSC targets are way higher than the private sector. One difference is that SSA will busy you out. Private sector will not busy you out.

Companies in the private sector have goals like: answer 80% of the calls within 20 seconds. They are competition and profit driven and that adds to their drive. SSA is no where near that. Even our 10% and 330 second targets are hard to meet. Since the beginning of FY 07, we haven’t met our target more than 20 days.

Fee Payments in 2006

The Social Security Administration has finally posted the final 2006 numbers on payments of fees to attorneys and others for representing Social Security claimants. Normally, Social Security posts these numbers within a few days after the end of a month, but the figures for November and December 2006 were not posted until today. Here are the final 2006 numbers:

Fee Payments
Month/Year	Volume	Amount
Jan-06	18,752	$64,848,326.02
Feb-06	20,426	$70,312.586.15
Mar-06	26,227	$91,045,934.83
Apr-06	23,042	$79,714,961.76
May-06	23,581	$82,015,869.29
June-06	27,771	$97,085,724.60
July-06	21,432	$74,648,883.83
August-06	24,579	$85,528,548.61
Sept-06	28,968	$99,124,616.47
Oct-06	20,246	$71,009,543.75
Nov-06	18,322	$63,636,873.26
Dec-06	20,717	$71,825,808.27

The final total for 2006 was $950,797,676.84. This is an 11% increase over the total for 2005, which was $862,369,764.09, although one should not infer from this that those representing Social Security claimants are enjoying rapidly increasing fees. These numbers are heavily influenced by the advent of withholding of fees in SSI cases and withholding of fees for certain non-attorney representatives. Without those fees being added, the increase would have been far less dramatic. Undoubtedly, there has been some increase in fees over the rate of inflation, but this has come at a cost to those representing Social Security claimants. As the length of time that Social Security takes to adjudicate cases goes up, the fees go up, since they are based upon the amount of back benefits, but so does the work that the attorney or representative must do. The longer the case stays open, the more telephone calls the attorney makes and receives concerning the case, the more medical development the attorney must do and so on.

Job Satisfaction Good At Social Security

The U.S. Office of Personnel Management took a federal human capital survey in 2006. Federal Agencies were ranked on their employees' job satisfaction. Here is the list:

Agency	2006 Ranking
Office of Management and Budget	1
Nuclear Regulatory Commission	2
National Aeronautics and Space Administration	3
National Science Foundation	4
Department of Justice	5
Department of State	6
National Credit Union Administration	7
Social Security Administration	8
US Agency for International Development	9
General Services Administration	10

West Virginia Man Pleads Guilty To Social Security Fraud

The Huntington Herald-Dispatch reports that Jeff David Dotson has pleaded guilty to cashing checks he received from Social Security while incarcerated on two occasions. The amount of money is estimated at more than $26,000.

Message To SSA Employees From Acting Commissioner On Budget

Thursday, February 01, 2007 2:41 PM
Subject: COMMISSIONER'S BROADCAST -- 02/01/07

A Message To All SSA And DDS Employees

Subject: Budget Situation

Yesterday afternoon, I received encouraging news about our fiscal year 2007 funding situation. The House of Representatives voted to approve a $464 billion spending package that will fund agencies currently operating without fiscal 2007 appropriations.

In the measure approved by the House, Congress will restore $200 million in administrative funds to the Social Security Administration. The Senate, whose appropriators worked with the House to draft the joint funding resolution, is expected to take up the matter next week. In a statement, Senator Robert Byrd, Chairman of the Senate Appropriations Committee, said “This legislation makes smart investments in national priorities. I hope that Congress approves this funding legislation quickly…”

Senator Baucus, Chairman of the Senate Finance Committee, has also applauded the action of the House and reminded his colleagues that, “The continuing resolution still doesn’t give Social Security all the operating funds it needs, but at least we won’t see the 10-day staff furlough that was feared.”

Indeed, when approved by Congress and the President, the restoration of funds to SSA will enable us to avoid furloughs.

Linda S. McMahon
Acting Commissioner

Upcoming Meetings and CLE

• February 2, 2007, State Bar of Michigan Social Security Section Meeting, Lansing, MI
• February 6, 2007 Legal Services of New York Legal Support Unit CLE, New York, NY
  
• February 8-9, 2007 Ticket to Work and Work Incentives Advisory Panel Quarterly Meeting, Atlanta, GA
  
• February 13, 2007, Social Security Advisory Board Meeting, Washington, D.C.
• February 13, 2007, Social Security Section, American Association for Justice [previously known as ATLA] Bring Your File Forum, Miami Beach, FL
  
• March 1-2, 2007, Stetson University CLE March 1-2, 2007, Clearwater Beach, FL
• March 1-3, 2007, NADE Mid-Year Board Meeting, Washington, DC
• March 6, 2007, Legal Services of New York Legal Support Unit CLE, New York, NY
• March 9, 2007 Ohio Academy of Trial Lawyers CLE, Columbus, OH
• March 25-28, 2007, NADR Conference, Albuquerque, NM
• March 30, 2007, NC Academy of Trial Lawyers, Disability Advocacy Section, Annual Meeting and CLE, Raleigh, NC
  
• April 18-20 2007, NADE Regional Training Conference, Albuquerque, NM
• April 18-21 2007, NOSSCR CLE, Baltimore, MD
• April 25, 2007, Legal Services of New York Legal Support Unit CLE, New York, NY
• April 27, 2007, Cincinnati Bar Association Social Security Committee CLE, Cincinnati, OH
• May 1, 2007, Legal Services of New York Legal Support Unit CLE, New York, NY
• May 2-4, 2007, NADE Regional Training Conference, Seattle, WA
• May 5-9, 2007, NADE Biregional Training Conference, Atlanta, GA
  
• May 7-10 2007, NADE Regional Training Conference, Atlanta, GA
• May 14, 2007, Legal Services of New York Legal Support Unit CLE, New York, NY
• May 16, 2007, Legal Services of New York Legal Support Unit CLE, New York, NY
• 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
• June 8, 2007, Minnesota CLE on Social Security Practice, Rochester, MN
  
• September 15-20, 2007, NADE National Conference, Sioux Falls, SD
• October 17-20, 2007, NOSSCR CLE, St. Louis, MO
• November 30, 2007, Legal Services of New York Legal Support Unit CLE, New York, NY
• 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.