Social Security Appropriations For FY 2008

Fiscal year (FY) 2008 begins on October 1, 2007. The Labor-HHS-Education appropriations bill includes funding for the Social Security Administration. Here is some information from the Disability Policy Collaboration Capitol Insider on the status of the FY 2008 Labor-HHS-Education appropriations bill:

Human services advocates were briefed by Senate Appropriations staff on the FY 2008 Departments of Labor, Health and Human Services and Education (L-HHS-ED) Appropriations bill. It appears likely that Senate Majority Leader Reid (D-NV) will not schedule the L-HHS-ED bill for floor action in September. The September calendar is too crammed with “must do” legislation. Thus, the House-passed L-HHS-ED bill will be conferenced with the bill adopted by the Senate Appropriations Committee. This bill will ultimately be included in an omnibus bill where several FY 2008 appropriations bills will be merged together. However, if this tactic plays out, a Presidential veto looms, practically assuring the start of Fiscal Year 2008 without an enacted bill on L-HHS-ED appropriations. Funding will most likely continue under one or more short term Continuing Resolutions until the White House and the Congress agree on spending levels.

DSI Being "Suspended"

The Social Security Administration has published a Notice of Proposed Rule Making (NPRM) that would suspend new cases going into the Federal Reviewing Officer (FedRO) program. Those 15,500 cases already in the FedRO system would stay in that system. The projected cost savings from this are $907 million over the next ten years.

This is not immediately effective. Comments may be filed on the NPRM for the next month. Probably, the proposed rules will be quickly adopted thereafter. Until then, apparently, new cases will continue to go into the FedRO program.

There is no word on what will happen to those unfortunates who took jobs as FedROs.

Comments are also requested on what to do with the Medical and Vocation Expert System that is a part of the Disability Service Improvement (DSI) plan.

Thus, about six months after taking office, Commissioner Michael Astrue is effectively labeling the greatly heralded DSI plan of his predecessor, Jo Anne Barnhart, a failure and is abandoning it. Is this a decent interval?

Federal Register Alert

This is from the list of items that will be published in tomorrow's Federal Register. My guess is that it is the death notice for former Commissioner Barnhart's Disability Service Improvement (DSI) plan:

SOCIAL SECURITY ADMINISTRATION

PROPOSED RULES

Social security benefits and supplemental security income:

Disability claims adjudication; administrative review process--

Federal reviewing official review level, new claims suspension; medical and vocational expert system, role changes; and future demonstration projects, E7-16071 [SSA-2007-0045]

Happy 72d Birthday, Social Security

Job Opening

The following job is open with my law firm:

Attorney to do Social Security appeals work for Raleigh, NC law firm. Significant Social Security experience required. Experience with Appeals Council and District Court work would be a big plus. Good writing skills essential. Being licensed in NC or eligible for admission to NC bar by comity a plus, but not essential. Send resume and writing sample to Charles T. Hall. E-mail to charles[@]charleshallfirm.com or fax to 919-791-1886.

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Ticket To Work Proposed Regulations

The Social Security Administration has proposed revisions to its Ticket to Work regulations. Here is Social Security's summary of the proposal:

• So that the program will be more accessible to beneficiaries who require additional training to return to work, we propose to add requirements for educational or technical training to supplement the work requirements under the timely progress guidelines for beneficiaries;

• We propose to revise the work requirements under the timely progress guidelines and the documentation and other requirements for progress reviews to simplify and streamline the process for determining whether a beneficiary is making timely progress toward selfsupporting employment;

• We propose to eliminate the current ‘‘initial 24-month period’’ after ticket assignment during which a beneficiary is considered to be making timely progress if actively participating in his or her employment plan;

• We propose to replace this 24- month period with two successive 12- month progress certification periods during each of which the beneficiary must complete either a work requirement of an educational or technical training requirement in order to be considered to be making timely progress until the next scheduled progress review; and

• We propose to recognize one-stop delivery systems established under the program of the U.S. Department of Labor under subtitle B of title I of the Workforce Investment Act of 1998 as qualified ENs.

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