Some More Points From Senate Finance Committee Hearing

• Testimony was taken from the witnesses as a single panel. Over the years, the Commissioners' testimony was taken first. The Commissioners and their entourages then left before other witnesses testified -- removing about half of the audience and greatly annoying the other witnesses. The method used today must have been far more satisfactory to everyone other than Commissioner Astrue.
• Astrue is trying to get video equipment in all hearing rooms.
• Astrue called "e-pulling" of exhibits "exciting. [My opinion is that it is a good way to waste a lot of money on something that will never work.]
  
• The Findings Integrated Template (FIT) method of drafting decisions will now be mandatory.
• Astrue is working with the Office of Personnel Management (OPM) on legislation concerning agency authority over Adminisatrative Law Judges (ALJs).
• Rick Warsinskey of the National Council of Social Security Management Associations (NCSSMA) testified that Social Security's Voice Over Internet (VOIP) transition will cost $1 billion and that it is urgently needed. [No doubt it is needed, but $1 billion spent on VOIP is $1 billion less spent on personnel to reduce backlogs.] Update: I have been told that Warsinskey said "up to" $1 billion, rather than $1 billion.
  
• Astrue seemed to talk more about getting tools that would allow the agency to get more productivity out of ALJs than about hiring more ALJs, although he certainly talked about hiring more ALJs.
• Astrue was asked twice what he would need to make a quick dramatic reduction in the hearing backlogs. He talked a lot, but never gave any answer to the questions. I would not go so far as to say he was deliberately trying to avoid answering the questions, but he certainly was not trying hard to give responsive answers.
• The tone of the hearing was friendly. No noticeable tension or flashes of anger.
• The video technology did not work. I was able to hear the hearing, but not view it.
  

Listings As "Low-Hanging Fruit"

In his testimony before the Senate Finance Committee today Commissioner Astue talked of Social Security's Listings of Impairments as representing "low-hanging fruit", apparently meaning that too few people may be getting approved under the Listings, because the Listings are not extensive enough. He said that the Department of Health and Human Services has volunteered help from physicians on their staff to update the Listings.

Social Security Legislative Proposals?

Commissioner Astrue testified today that he has legislative proposals pending at the Office of Management and Budget (OMB). OMB cannot prevent Astue from sending legislative proposals to Congress, but they have to "score" them for their budget impact. OMB opposition can also make it difficult to get an agency proposal enacted.

What would these legislative proposals be? On the face of it I see little need for Social Security to propose anything legislatively. If anything, Social Security needs fewer legislative changes to adjust to.

One concern is that Astrue talked about needing more "control" over Administrative Law Judges (ALJs) if the agency is to achieve any time deadlines. This could mean that Astrue wants to use the backlog situation as justification for reducing or eliminating ALJ independence.

Time Frame On New ALJs

In his testimony today, Commissioner Astrue said that it would be late October of this year before a new register will be available from which Administrative Law Judges (ALJs) could be hired and that it would take four months thereafter to hire more ALJs. It would then take time to train them. Realistically, it will be a year or more from now before more ALJs are holding hearings at Social Security.

Re-Recon?

My initial interpretation of what I heard Commissioner Astrue say was that re-recon was not on the table. However, Astrue's written statement is now available and he has this to say in the written statement:

In addition, we will screen our oldest cases using profiles developed by the Office of Quality Performance to identify cases where there may be a high probability that an allowance can be issued on the record without a hearing. During my visits to hearing offices in Atlanta and Boston, many employees expressed their belief that cases that were initially denied because an applicant did not meet the durational definition of a disability could, at this stage in the process, now meet the time requirements associated with our programs. If true, we could make a significant impact on our backlog. This screening initiative will begin next month.

This sounds a lot like re-recon.

First Impression Of Senate Finance Committee Hearing

Michael Astrue has virtually nothing new to offer in his opening statement. The only things he said in his opening statement that he has not said previously is that he is "studying" and will "evaluate" senior attorney decisions and that some Field Office personnel will be detailed to help work up files for Administrative Law Judges to hear -- 5,000 hours of work, which is trivial. This sounds as if he will not try to go ahead with senior attorneys unless the Office of Management and Budget approves. Re-recon and short form decisions were not mentioned. He has referred only to the President's budget proposal as a goal, never to Social Security's own budget proposal.

Watch Senate Finance Committee Hearing

Today's Senate Finance Committee hearing on Social Security's administrative costs is available in streaming video. It will be available live or later as a recording at the Committee website.

Medicare Rights Center On The Waiting Period For Medicare

I am often asked by my clients who are awarded Title II Social Security disability benefits why they have to suffer through what amounts to a two and a half year waiting period for Medicare. The Medicare waiting period is two years itself, but this is on top of a five to six month waiting period for Title II Social Security disability benefits. My clients long for some rational explanation. I have to tell them the plain truth. The only explanation is that it saves money. Period. The cruelty of this waiting period has been acknowledged by everyone for decades now, yet nothing has been done.

The Medicare Rights Center has issued a report: Too Sick To Work, Too Soon For Medicare: The Human Cost Of The Two-Year Medicare Waiting Period For Americans With Disabilities. The report appears to be an early step in a campaign to eliminate the Medicare waiting period. This will not happen while George W. Bush is president, but activists are already trying to set an agenda for the next president.