The Office of Personnel Management (OPM) has posted something -- I am not sure what to call it -- in the Federal Register (FR) about the selection process for Administrative Law Judges (ALJs). The Social Security Administration employs far more ALJs than all other federal agencies combined. I have no idea where this "final rule", as OPM puts it, leaves us, but it definitely is not really the final step towards hiring more ALJs.
Mar 20, 2007
Hearing Backlog Ideas That Can Be Implemented Quickly -- Installment III
Raise the length of time a claimant has to request reconsideration or a hearing from 60 days to six months.
This is my idea. It was not tried as a means of decreasing backlogs during the Clinton Administration or at any other time, as far as I know. However, the time limit for appeals was six months until the mid-1970s. I do not know why it was changed then.
Because of the common tendency towards procrastination, going back to a six month time limit would temporarily reduce the number of reconsideration requests and requests for hearings, since it would increase the average length of time between a denial and an appeal. A good guess is that this would increase this average length of time by one to two months at each level, which would produce a temporary but dramatic reduction in the number of reconsideration requests and requests for hearings. This would be a nice breather for Social Security.
This change might also result in less churning. Many claimants are denied at the initial level, become discouraged or make an unsuccessful attempt to return to work, miss the 60 day cutoff to file an appeal and have to start all over again. It would be better for them and would mean fewer new claims for Social Security if they could just file an appeal.
However, this regulatory change does encourage procrastination and that is not a good thing. I would not suggest it if there were not such a backlog.
This change could be done in three to six months, assuming there is no unusual holdup at the Office of Management and Budget, which has to approve changes in regulations -- and this one takes a change in regulations.
Because of the common tendency towards procrastination, going back to a six month time limit would temporarily reduce the number of reconsideration requests and requests for hearings, since it would increase the average length of time between a denial and an appeal. A good guess is that this would increase this average length of time by one to two months at each level, which would produce a temporary but dramatic reduction in the number of reconsideration requests and requests for hearings. This would be a nice breather for Social Security.
This change might also result in less churning. Many claimants are denied at the initial level, become discouraged or make an unsuccessful attempt to return to work, miss the 60 day cutoff to file an appeal and have to start all over again. It would be better for them and would mean fewer new claims for Social Security if they could just file an appeal.
However, this regulatory change does encourage procrastination and that is not a good thing. I would not suggest it if there were not such a backlog.
This change could be done in three to six months, assuming there is no unusual holdup at the Office of Management and Budget, which has to approve changes in regulations -- and this one takes a change in regulations.
Proposed Regulation Change
From today's Federal Register:
We propose to revise the threshold billing amount that triggers annual onsite reviews of medical providers who conduct consultative examinations (CEs) for our disability programs under titles II and XVI of the Social Security Act (the Act). The proposed revision would raise the threshold amount to reflect the increase in billing amounts since we first established the threshold amount in 1991. This proposed revision is intended to restore the level of oversight originally required by our rules.
A Dead Man's Social Security Number
From the Rapid City Journal:
Steven Litz, no age listed, Rapid City, faces federal charges of false representation of Social Security number and false statement in application for disability benefits after an investigation by the Social Security Administration.
According to federal court documents, Litz is accused of using a Social Security number that was not his to apply for disability benefits on May 18, 2005, in Rapid City. Litz allegedly claimed his name was Ronald Vincent Amen. Litz applied for more than $1,000 worth of benefits, documents show.
Mar 19, 2007
More Personnel Changes
The information below was posted on the CONNECT board. It appears to be an e-mail sent to Social Security personnel. I am unable to evaluate what this might mean on a policy basis. I can say that it is a major promotion for Andrew Biggs, whose nomination to become Deputy Commissioner at Social Security was recently rejected by the Senate. Biggs is a huge proponent of Social Security privatization. There has been no previous sign that Biggs has any real interest in the day to day policy issues faced by Social Security, particularly in the area of Social Security's disability programs. The information about Jim Winn leaving the Disability Review Board (DRB) to return to his old job suggests that the DRB may not be around much longer.
The following Senior Executive Service assignments are effective immediately:
In the Office of the Commissioner, Office of Executive Operations, David A. Rust will be appointed as the Executive Secretary. David previously served as the Agency’s Associate Commissioner for Disability and has been with the Department of Agriculture since he left SSA in 1989.
In the Office of Policy, Andrew Biggs will be appointed as the Deputy Commissioner for Policy. In addition to his new assignment and to ensure continuity within the organization, Dr. Biggs will continue in his former capacity as the Acting Associate Commissioner for Retirement Policy until I name a replacement. Larry Love will resume his full-time responsibilities as Counselor to the Commissioner.
Manny Vaz, Regional Commissioner in Boston, will replace Martin Gerry as Deputy Commissioner for Disability and Income Security Programs on an Acting basis for the next several months. During this interim period, Susan Harding will serve as the Acting Regional Commissioner in Boston.
Jim Winn, Associate General Counsel for Program Law, who most recently has been serving as the Acting Executive Director for the Disability Review Board, will return to his position in the Office of the General Counsel.
More Job Openings In Woodlawn
This may be coincidental, but there are now job openings at Social Security's central offices in Woodlawn, MD for Associate Commissioner for Research, Evaluation and Statistics and Deputy Associate Commissioner for Personnel. Some of this may be ordinary turnover, but it sounds as if the new Commissioner is making personnel changes.
What I would wonder about if I worked in Woodlawn is whether Larry Dye's new role as Social Security's Liaison to the White House is to pack Social Security with Bush loyalists. If so, there may be little job security at the upper reaches of Social Security.
What I would wonder about if I worked in Woodlawn is whether Larry Dye's new role as Social Security's Liaison to the White House is to pack Social Security with Bush loyalists. If so, there may be little job security at the upper reaches of Social Security.
Results Of Last Week's Unscientific Poll
How do you rate the job that Jo Anne Barnhart did as Commissioner of Social Security?
Excellent (32) 21%
Good (26) 17%
Fair (39) 26%
Poor (53) 35%
Total Votes: 150
Excellent (32) 21%
Good (26) 17%
Fair (39) 26%
Poor (53) 35%
Total Votes: 150
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