Personnel Changes At SSA

The Social Security Administration is now advertising position openings for Associate Commissioner for Budget, Deputy Associate Commissioner for Budget and Regional Commissioner for the Seattle region. The two budget openings suggest that Commissioner Astrue is already starting to make personnel changes and that Social Security's budget situation is a high priority.

Proposed Regulations On Overpayment Personal Conferences

From today's Federal Register:

We propose to revise our title II regulations and add title XVI regulations on personal conferences when waiver of recovery of an overpayment cannot be approved. These proposed rules would allow for the conferences to be conducted face-to-face, by telephone, or by video teleconference in these circumstances.

An Image From 1951

Ticket to Work Meeting

Social Security's Ticket to Work and Work Incentives Advisory Panel has scheduled a teleconference meeting for March 13. If you are really a glutton for punishment, it is possible to listen in.

Xenia Accountant Pleads Guilty

The Dayton Daily News reports that a Xenia, OH accountant has pleaded guilty to Social Security fraud. He had taken $116,000 in Social Security disability benefits despite working.

Time To File EAJA In Sentence Six Remands

This may seem impenetrable to most readers, but it is actually a fairly hot issue for attorneys who do much Social Security work in federal court. From the published opinion of the 9th Circuit Court of Appeals in Van v. Barnhart, issued on February 26, 2007:

In this case, we consider whether in order to be deemed timely under 28 U.S.C. § 2412(d)(1)(B), a Social Security disability claimant who, following a remand under sentence six of 42 U.S.C. § 405(g), obtains a favorable determination from the agency and enforces it in the district court by a judgment to which the government consents must file an application for attorneys’ fees under EAJA within 30 days after the entry of judgment, or, whether he may file within 30 days following expiration of the 60-day appeal period provided for by Rule 4(a)(1)(B). We hold that such a claimant, like other successful sentence-six remand claimants, may file within 30 days after the 60-day appeal period in Rule 4(a) has expired. Thus, we reverse the district court and remand with instructions to consider Van’s fee application on the merits.

Man Burns Father's Body To Get Social Security Benefits

From WGCL:

A man who admitted burning his father's body a decade ago so the family could continue to cash his Social Security disability checks was sentenced to five months in prison and ordered to pay $133,000 in restitution. ...

Larry McWilliams died of natural causes on Jan. 13, 1997, at the family home's near Lewistown in northeast Missouri.

U.S. Attorney Catherine Hanaway said the family burned McWilliams' body to hide any evidence that he had died.

Betty McWilliams tended the fire to make sure no bones were left unburned, according to Hanaway. All three knew that Larry McWilliams' Social Security benefits would stop if his death was reported.

Rating Claimant's Attorneys

We are in the middle of a five year demonstration of allowing withholding of fees for non-attorney representatives of Social Security claimants. These non-attorneys must meet certain standards, which include passing a 50 question multiple choice exam. The demonstration also involves withholding of fees in SSI cases. The legislation that created this demonstration requires the Government Accountability Office (GAO) to do a study on non-attorney withholding and SSI withholding. It is already clear that SSI withholding is non-controversial. Non-attorney withholding remains controversial.

Someone who identifies himself or herself as "NC Rep" (and who is not me) reports on the SSAS Connect board that ALJs at the Charleston, SC hearing office have been completing individual evaluation forms on attorneys and non-attorney representatives appearing before them, apparently as part of the GAO study.