National Public Radio Report On ALJ Shortage

You can listen to a report on National Public Radio on backlogs in holding hearings on Social Security disability claims. Here are some excerpts from the text:

ALEX COHEN, host:

Americans, who become disabled before they reach retirement age, often rely on the financial support of Social Security disability benefits. More than half a million people have been waiting now as long as three years to see if they’ll actually get these benefits. The Social Security Administration says it’s made some progress in chipping away at its staggering backlog of cases, but there’s still problems with money to support the program. ...

Mr. MICHAEL ASTRUE (Commissioner of Social Security): Last time I checked, which was about a month ago, we were at 1,041 administrative judges, which is really unacceptable. The minimum that we think we need to start driving the backlogs down in a significant way would be about 1250. ...

Mr. ASTRUE: Congress has had other funding priorities in the domestic area and the administrative budget for the Social Security Administration has been losing out consistently for a long period of time and it is starting to show up in the quality of performance.

KNXV-TV Phoenix On Backlogs

From KNXV-TV in Phoenix:

Imagine being diagnosed with a devastating illness, losing your job, going through your savings, then your retirement and finally losing your home.

That is exactly what happened to Suzanne Beveridge.

About 14 years ago, she shattered her elbow and broke her arm in three places. Even with two surgeries, her severe osteoporosis won't let her heal.

Beveridge struggled for years before she finally filed for disability. By that time, she had multiple illnesses.

That was more than five years ago. As of today, even though the government says she's eligible, she hasn't seen a dime. ...

And she is not alone. According to a report issued by the American Association of People with Disabilities, Arizona has more than forty six hundred people backlogged and waiting for disability. And almost twice that if you count those waiting to get assigned.

Sherry Whitener is the head of Advocates for the Disabled here in Phoenix. By the time the disabled go see her, they have lost everything.

A process the Social Security Administration says it's trying to change. Changes include reorganizing the administration, hiring more law judges and filling their dockets, and triaging cases electronically with Quick Disability Determination.

It's what they call Compassionate Allowances--to help keep people in their homes.

Are compassionate allowances the new Disability Service Improvement, a plan that Michael Astrue can tout as the solution that lies just around the corner, even though "compassionate allowance" is nothing more than empty words?

Press Release On Wounded Warriors

A press release from the Social Security Administration:

Michael J. Astrue, Commissioner of Social Security, today highlighted the agency’s efforts to improve service and reach out to wounded veterans. “On Sunday, we honor America’s veterans whose love of country, willingness to serve and sacrifice ensures the many freedoms we enjoy today,” Commissioner Astrue said. “While we can never fully repay them for their sacrifices, we can be sure we provide them with the quality of service and the respect they so richly deserve.”

Commissioner Astrue highlighted a number of activities Social Security has undertaken in the last several months to improve service and expand outreach to wounded veterans and their families. These include:

Expedited processing of disability claims for men and women serving in the U.S. military who become disabled while on active duty. The expedited process is for military service members disabled on or after October 1, 2001, and is applicable regardless of where the disability occurs. Social Security also expedites survivors claims.

Development of an easy-to-use website - www.socialsecurity.gov/woundedwarriors - that provides information about Social Security and military service. The website also includes a link to apply for disability benefits online.

An agreement with the Department of Veterans Affairs (VA) for the VA to electronically provide Social Security with the medical records of veterans applying for disability benefits. This agreement enables us to get medical records quicker and more efficiently and helps us expedite the disability determination.

Assigning Social Security liaisons throughout the country to work closely with VA’s Transition Patient Advocates (TPAs). Social Security’s liaisons provide TPAs with Social Security information and ensure that the application for benefits is expedited.

Instructions and extensive training for our disability examiners -- the people who make the medical decisions on our disability claims -- on how to properly identify and evaluate Traumatic Brain Injury, the signature injury of Operation Iraqi Freedom and Operation Enduring Freedom.

A fact sheet that provides information about Social Security and military service and explains how to apply for Social Security benefits. The fact sheet has been distributed to all branches of the military service, the Veterans of Foreign Wars, the American Legion and other interested groups.

An active presence at Walter Reed Army Medical Center, Bethesda Naval Medical Center, Brooke Army Medical Center, Evans Army Medical Center and numerous other treatment facilities throughout the U.S. For example, Social Security employees are onsite every week at Walter Reed, Bethesda, Brooke and other facilities to take disability applications and ensure expeditious handling of the case.

Coordinated efforts with organizations such as the Severely Injured Marines and Sailors and Wounded Warriors Project to address concerns and facilitate open communications regarding the processing of Social Security claims.

“The Social Security Administration is proud to have within its ranks many people who have honorably served -- or are presently serving -- their country in uniform,” Commissioner Astrue said. “Let me assure veterans and their families that the dedicated men and women of Social Security stand ready to help them in any way they can, and that we will continue to look for ways to improve our service to those who have given so much in defense of our freedom.”

Congressional Democrats Talking Omnibus

The Hill reports that despite the failed effort to tack together the Labor-HHS, Military Construction and VA appropriations bills into one bill, that Congressional Democrats are looking at an omnibus appropriations bill joining together most of the federal budget in one bill after the anticipated veto of the Labor-HHS appropriations bill. Social Security's administrative budget will be part of this omnibus bill.

This all sounds like an inside game of little importance to anyone other than a congressman, but the success or failure of such strategies will determine how many employees the Social Security Administration can hire between now and September 30, 2008 as well as how much overtime the agency can authorize. If you are a prospective Administrative Law Judge, this may determine whether you get a job. If you are a current Social Security employees, this is what determines how much overtime pay you will draw and how frustrating your job will be. If you are an attorney representing Social Security claimants, this is what determines whether your stream of income accelerates or slows down and how frustrating your job will be. If you are a Social Security claimant, this is what determines how quickly you get a decision or a hearing.

House Of Representatives Passes Social Security Appropriations

Reuters reports that the House of Representatives has passed the Labor-HHS appropriations bill, which includes Social Security, by a vote of 274-141. The bill has now passed in both the House and Senate and will go to the President for a certain veto. Neither the House nor the Senate was able to pass the bill by a veto-proof majority, which means that we are back at square one.

Overtime

I was under the impression that the Social Security Administration was not authorizing any employee overtime at the moment because the agency was operating under a continuing funding resolution rather than an appropriation. However, I am getting messages telling me that some overtime is being allowed. I hope this is true. Without overtime, Social Security would rapidly approach collapse.

Senator Bingaman And The Backlogs

From the Albuquerque Tribune:

The stories of New Mexicans waiting on their government inspired U.S. Sen. Jeff Bingaman to take action. ...

At the end of September, 746,744 Americans were waiting for a hearing to ask an administrative law judge to overturn their initial denial of disability checks from the Social Security Administration. The average wait at the Albuquerque field office is about the same as the national average - 17 months. ...

Bingaman, a Silver City Democrat, has heard firsthand about the problems from New Mexicans and from testimony earlier this year at a Senate Finance Committee hearing, where the National Organization of Social Security Representatives related some of the specific stories from New Mexico and other states.

"We heard instance after instance where individuals with severe disabilities were unable to work and were forced to declare bankruptcy," Bingaman said.

"They lost their homes, suffered deterioration in their medical conditions, and some even died while their claims lingered in Social Security administration offices." ...

That's why, when the spending bill that funds the Social Security Administration came to the floor two weeks ago, Bingaman offered an amendment to add $160 million over President Bush's request for the agency to help settle the disability appeals backlog.

The Appropriations Standoff Continues -- White House In No Mood To Compromise

Congressional Democrats have been attempting to lump together the Labor-HHS appropriations bill, which includes funding for the Social Security Administration, with the Department of Veterans Affairs and Military Construction appropriations bills in hopes of getting enough votes for a veto-proof majority for the bill in each house of Congress.

The Hill reports that this ploy did not work. Senate Republicans were unanimous in opposition, preventing the bills from being combined. The Associated Press reports that the Labor-HHS appropriations bill by itself then passed the Senate by 56-37, less than the two-thirds majority that would be needed to override the veto that President Bush has promised.

This increases the chances of a prolonged standoff over Social Security's appropriations, which would force the agency to operate under a continuing funding resolution until well into the next calendar year. That would mean virtually no hiring of Administrative Law Judges (ALJs) or anyone else and limited or no overtime for a long time to come.

Here is a discouraging quote on the situation from the Los Angeles Times:

Rep. David R. Obey (D-Wis.), chairman of the House Appropriations Committee, recently invited White House budget director Jim Nussle over to the Capitol to talk about how to avert what could become the biggest budget showdown in years.

"We went out on our balcony and had a drink and talked for a while," Obey said. But the White House was in no mood to compromise, according to Obey, who said the budget director told him, "As I go around the White House, I don't find anybody in any quarters interested in any kind of a compromise at all."