A Social Security Spokesman Accidentally Demonstrates The Source Of The Problem

From WSBT in South Bend, IN:

It's a problem facing more than 20,000 families in Indiana and nearly 50,000 in Michigan. People, who say they're unable to work, are appealing to the Social Security Administration for disability benefits; but they have to wait for years. ...

The Selners [who are waiting and waiting for a Social Security disability hearing] are in a very long line. They're among 24,000 Indiana families still waiting to appeal their case to an administrative law judge. In fact, Indiana has one of the biggest backlogs in the country.

Advocacy groups for the disabled ranked Indiana as seventh worst when it comes to delays in getting an appeal hearing. Michigan is fourth.

"I don't think I would characterize it is a crisis, but it is something we are extremely, extremely concerned about,” said Robert Walsh, spokesperson for the Social Security Administration.

Would this look like a crisis to Robert Walsh if it was his family?

New No-Match Rules

The U.S. Custom and Immigration Enforcement issued rules yesterday that will require employers to fire workers whose names and Social Security numbers do not match. The Social Security Administration has been sending no-match letters to employers for years, but there was no punishment for ignoring the letters. Now, there will be punishment if employers ignore the no-match letters. Greg Siskind, an immigration attorney, has posted in his blog a useful list of frequently asked questions about these new rules. For those interested in the effects of these new rules upon the Social Security Administration, the key points are that these new rules are effective on September 9, 2007 and that there are serious penalties if employers ignore no-match letters.

These new regulations add a new and unpredictable workload to Social Security's field offices, as many who have failed to notify the Social Security Administration of name changes are forced to contact Social Security.

SSA Seeks To Improve LTD Insurers Debt Collection

Under the Paperwork Reduction Act all federal agencies must publish notices in the Federal Register when they plan new systems that require or allow members of the public to provide information to the agency in a systematic way. Here is a quote from a notice published in the Federal Register today seeking comments:

SSA is in the planning stage of developing the Agency's second phase of the fee-based web service system which would provide private industry and other third party requesters with disability and retirement data (including insured status information, dates of entitlement, and benefit amounts). [The first phase was simple Social Security number verification.] This process, the Consent Based Benefit Information System (CBBI), would assist private insurance or pension benefit companies to determine private entitlements and coordinate entitlement to such benefits. These actions help the requesters to reduce and/or eliminate the overpayment of these benefits to their insured clients. Similar to the CBSV process, companies would be required to enter into a legal agreement with SSA, obtain written consent from the record holder, reimburse SSA, and follow SSA's established systems security and audit guidelines.

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OASDI Beneficiaries By State And County

Social Security's Office of Policy has released OASDI [Old Age, Survivors and Disability Insurance] Beneficiaries by State and County, 2006, which lists the number of persons receiving various types of Social Security benefits in each county in the United States.

Final Rules On SSI Withholding And Non-Attorney Withholding

The Social Security Administration has issued final rules on the extension of withholding of fees for representing Social Security claimants to SSI cases and to some non-attorney representatives of claimants. This replaces "interim final rules" that had published on April 5, 2007.

Senior Attorney Program Reinstated

Effective today, Social Security has reinstituted the Senior Attorney program. The announcement appeared in today's Federal Register. Here is a summary from the notice:

... we are permitting attorney advisors, under managerial oversight, to conduct certain prehearing proceedings to help develop claims, and issue fully favorable decisions in appropriate claims before a hearing is conducted. We expect that this change will help us reduce the very high number of pending cases at the hearing level by enhancing claims development before the hearing and by permitting attorney advisors to issue fully favorable decisions in appropriate claims.

The Senior Attorney program was in effect some years ago and was quite helpful in reducing a much smaller backlog at that time. The new regulations put a two year limit on the Senior Attorney program, although the regulation states that this time could be shortened or lengthened. It is most unlikely that Social Security will work off its hearing backlog in the next two years.

Federal Register Alert

Each day the Office of Federal Register posts brief summaries of items they have received for publication in the Federal Register the next day. Here are two interesting items from Social Security that just showed up on this list. I know no more than I can glean from this bare description, but the first one sounds like senior attorney decisions.

Social security benefits and supplemental security income:

Federal old age, survivors, and disability insurance and aged, blind, and disabled--

Attorney Advisory program; amendment, E7-15422 [SSA-2007-0036]

Social security benefits and supplementary security income:

Federal old age, survivors, and disability insurance and aged, blind, and disabled--

Attorney Fee Payment System extended, eligible non-attorney representatives fee withholding and payment procedures, and past-due benefits definition, E7-15242 [SSA-2006-0097]