Major Flexiplace Problem

From the Milwaukee Journal Sentinel:

The confidential files of six Wisconsin residents who had sought Social Security disability benefits were lost for months, as were documents from seven other files, after a Social Security employee took them home to work on them.

In a bizarre twist, the mother of one applicant received an anonymous call in November from a man who had "very specific" information on her son's medical condition, records show.

The caller told her that his Social Security file, along with others, had been found in a downtown Milwaukee Dumpster, according to federal investigative reports.

All of the applicants had been waiting at least two years for a final decision on whether they qualify for disability benefits when their files were lost, delaying decisions even further.

The Social Security Administration allows employees nationwide to work on confidential files at home under a program called Flexiplace, which has come under fire in the past because of privacy concerns.

The employee who took the files home told authorities she believes some were left behind when she fled her home last summer because of domestic violence. She told authorities she had kept them in a locked two-drawer file cabinet.

Four of the files were never found and two others, including the one involving the phone call, were anonymously mailed back to the office in early December, said Carmen Moreno, a Social Security spokeswoman.

Documents from the seven other files also were sent back anonymously to the agency's Milwaukee office in separate packages in early December. Social Security employees are gathering medical and other information for the four files that were completely lost, Moreno said.

All of the people whose files or records were lost had applied for a hearing on their request for disability benefits in 2004, Moreno said. One had a hearing in early February and the others are still waiting to be scheduled. ...

Moreno said that employees nationwide are allowed by union contract to take files home. In Milwaukee, 38 employees may take the files home. The documents must be transported in a locked briefcase and stored in a locked safe or file cabinet in the employee's home. The files are to be logged in and out with a supervisor's approval.

"There are numerous opportunities for things to go wrong when employees take these files home, and the situation in Milwaukee appears to reflect that," said Marty Ford, co-chairwoman of the Consortium for Citizens with Disabilities task force on Social Security. Ford testified before a congressional committee in 2003 against the policy of allowing Social Security Administration employees to take the confidential files home.

"Even if there is total trust that the employee is not going to do anything wrong, you don't know who else is in the household. Guests? Visitors? These types of files contain incredibly personal medical information that nobody would want out in public," Ford said.

Disability Trigger In Bush's Proposed FY 2008 Social Security Budget

Here is a little nugget I missed the first time I looked at President Bush's proposed budget for fiscal year (FY) 2008:

The 2008 Budget includes a proposal to highlight with a “funding warning” the escalating and persistent fiscal problems facing DI [Disability Insurance]. If SSA’s actuaries project a negative DI cash flow that is more than 10 percent of program cost for four consecutive years in the upcoming 10 years, the Board of Trustees will issue the warning in the annual Trustees Report. Issuance of a DI funding warning would require the President to transmit to the Congress proposed legislation to respond to the warning within 15 days after the date of the next Budget submission; the Congress would then consider this legislation. The analysis of DI’s budgetary impact will safeguard an important source of disability insurance while promoting sound fiscal policy.

I think this would be triggered fairly soon.

NOSSCR Posts CLE Schedule

The National Organization of Social Security Claimants Representatives has posted the schedule for its national continuing legal education (CLE) conference coming up in Baltimore from April 18-21, 2007. As of this point, Martin Gerry and Lisa DeSoto from the Social Security Administration are scheduled to speak. Undoubtedly, Michael Astrue, the new Commissioner of Social Security, has also been invited.

NADR Posts Conference Schedule

The National Association of Disability Representatives (NADR) has posted the schedule for its national conference in Albuquerque, NM from March 25-28, 2007. The schedule posted appears to be somewhat preliminary. Susan Brown and Joan Parks Saunders, the Regional Chief Administrative Law Judge for the Dallas Region, are the scheduled speakers from the Social Security Administration.

Commissioner Astrue's First Press Release

The first press release from Michael Astrue, the new Commissioner of Social Security:

Michael J. Astrue, Commissioner of Social Security, today issued the following statement regarding the agency’s Fiscal Year 2007 Budget:

“President Bush has signed the Fiscal Year 2007 Continuing Appropriations Resolution that includes annual funding for the Social Security Administration. The good news is the $9.3 billion allocation includes sufficient funds to avoid employee furloughs, which were a real possibility if the agency had to operate at funding levels considered by Congress earlier in the year.

“The resolution is an increase of about $185 million for Social Security’s administrative expenses when compared to the agency’s FY 2006 appropriation. However, it is a reduction of about $200 million when compared to the FY 2007 budget President Bush requested for the agency.

“I want to thank the Administration and Members of Congress who worked to ensure our employees could continue to serve the people who depend on Social Security. I am confident that Social Security employees will continue to do all that they can to provide the public with the service they need.”

You would think from this that Astrue was satisfied with the budget his agency got.

Where Is The AARP?

The Social Security Administration cannot answer its telephones. The wait time if a person goes to a Social Security office seeking help with a problem is often hours. Backlogs are growing rapidly all over the agency. Until a few weeks ago, Social Security's budget situation was so tight that the agency was threatening to furlough its employees and close its doors for ten days.

Take a look at the American Association of Retired Persons (AARP) main website having to do with Social Security issues. Look at any of their webpages having to do with Social Security. You will find no mention of Social Security's dire budget problems. This is an organization which exists to protect America's seniors and nothing is more essential to America's seniors than Social Security, yet the AARP seems not to have noticed that the Social Security Administration can barely keep its doors open.

The AARP might respond that they are looking at the "big picture", trying to make sure that Social Security is not privatized, but having the Social Security Administration chronically understaffed and delivering terrible service to the public can only hurt the effort to protect Social Security from privatization. If the public's experience is that the Social Security Administration is almost impossible to do business with, one can reasonably expect the public to be receptive to alternatives to Social Security.

Bill To Be Introduced On Benefits For Foster Children

This is from a press release issued by First Star and Representative Fortney (Pete) Stark of California, who is the second ranking Democrat on the House Ways and Means Committee and who is on its Subcommittee on Income Security and Family Support, but not the Chairman of that Subcommittee:

First Star announced today that a Capitol Hill briefing will be held Friday, February 16, 2007, at 9:30AM in Room 318 of the Rayburn House Office Building. The briefing will focus on the common state practice of robbing disabled and orphaned foster children of Social Security and Supplemental Security Insurance (SSI) benefits to which they are entitled. Congressman Pete Stark will introduce legislation which will enable the fair disbursement of such benefits to America's foster youth.

What:     This briefing will highlight some of the real world
        consequences that adversely affect the lives foster
        children.  Congressman Pete Stark will introduce the Foster
        Children Self-Support Act that serves to ensure that foster
        children are able to use their social security and SSI
        benefits to address their needs and improve upon their
        lives.  This briefing is co-sponsored by First Star
        (www.firststar.org), a 501(c) (3) public charity dedicated
        to improving life for child victims of abuse and neglect.

Where:    Rayburn House Office Building - Room B-318

When:     Friday, February 16, 2007 at 9:30 a.m.

Why:      Disabled foster children and those who have lost one or both
        of their parents are eligible for Social Security and/or SSI
        benefits.  Unfortunately, instead of setting this money
        aside to be used in the best interest of the child, states
        are allowed to use this money as a funding stream by making
        themselves the Social Security payee for children in foster
        care and then keeping the money for themselves.

Who:      U.S. Representative Pete Stark (CA-13th)
        Jeff Hild, Office of Congressman Pete Stark
        Shawnita T., Former foster youth
        Daniel Hatcher, Esq., University of Baltimore Law School
        Montella Smith, University of Baltimore Law School
        Lewis Pitts, Esq., Legal Aid of North Carolina, Advocates
         for Children's Services
        Sherry Quirk, Esq., Co-founder, First Star and Partner,
         Sullivan & Worcester LLP
        Deborah Sams, CEO, First Star
        Whytni Kernodle Frederick, Esq., Program Director, Legal
         Projects, First Star

Muskogee Woman Sentenced For Fraud

The Ada Evening News reports that a Muskogee, Oklahoma was sentenced to five years probation and ordered to pay restitution of $13,189.36 for converting to her own use SSI benefits that she received as representative payee for a minor child.