Jan 12, 2008

NY Times Editorial On SSI For Disabled Refugees

From today's New York Times:
Thousands of elderly and disabled refugees who have found safety in the United States in recent years may soon find out just how cold and equivocal America’s welcome can be. These vulnerable newcomers are subject to a federal law that cuts off their disability benefits if they do not become citizens within seven years. ...

While many have done so, thousands have found it impossible to meet the deadline. Some are old and infirm and have not yet been able to pass the language and civics test. Many others are caught in a bureaucratic trap: the notoriously hapless citizenship agency, overwhelmed by security paperwork since 9/11, has not finished their background checks in time.

The Social Security Administration estimates that more than 21,000 immigrants since 2003 have been cut off from disability checks for missing the seven-year deadline, and that about 35,000 more will be pushed off that cliff in the next five years unless something is done.

If you wonder who could possibly object to helping this small, fragile population, the answer is almost nobody. A bill to extend the limit to nine years passed the House last July by voice vote, with no objections, and it was to be offered for unanimous consent in the Senate. That is until Senator Jim DeMint of South Carolina, exercised his right to place a “hold” on the bill, sending it into limbo, where it remains.

The Times could have been clearer. They are talking about Supplemental Security Income (SSI). For more on this issue, see this summary prepared by the Center on Budget and Policy Priorities.

Fraud In St. Louis

From the St. Louis Business Journal:

Rose Shaw was sentenced to 33 months in prison for lying on social security applications, a mortgage loan application and forging the signature of a federal judge, U.S. Attorney Catherine Hanaway announced Friday.

Shaw, 50, of St. Charles, pleaded guilty in September 2007 to one felony count of social security fraud and one felony count of mortgage fraud. In addition to her prison sentence, Shaw was ordered to pay restitutions of $153,857.10 on the social security fraud and $70,718.94 on the mortgage fraud.

According to Hanaway, Shaw received monthly social security disability payments from January 1985 thought March 2006, by falsely claiming on the applications that she was mentally retarded and suffered from schizophrenia. The total amount of these benefits was approximately $153,000. Shaw was employed as a mortgage banker under the business name of Rose Shaw Enterprises LLC and Shaw Brokerage Real Estate Investment Firm LLC. On Aug. 25, 2005, Shaw forged the signature of Chief U.S. Bankruptcy Judge Barry Schermer on a bankruptcy document.

Jan 11, 2008

ALJ Goosens Arrested

From the Pensacola News Journal:
An administrative judge remains on the job and a fourth-grade teacher has been suspended with pay after both were arrested in Escambia County on solicitation charges, officials said Thursday.

Robert Goosens, 57, of Navarre is an administrative judge with the Social Security Administration in Mobile. ... [The two men] were charged with misdemeanors.

The judge and teacher were among six men and three women arrested during an operation in the Brownsville area that began about 6 p.m. Wednesday and ended about midnight Thursday. The operation targeted johns and prostitutes.
     Update: In 2011 Goosens' petition to seal the records concerning his 2008 arrest was granted by a Florida court. The order indicates that Goosens was not convicted of any crime in connection with his arrest.

CBS Story To Run Monday And Tuesday

I am hearing that CBS plans to run on Monday, January 14 and Tuesday, January 15 its long anticipated story on Social Security's backlogs in holding hearings on disability claims. This will be part of its evening news program. They may run promo or teaser spots as early as this evening's broadcast of the evening news. CBS has been preparing this story since about last September. I doubt that they work this long on many stories.

Of course, breaking news could push this back.

Rescission Of Acquiescence Ruling

From today's Federal Register:
On July 11, 1994, we issued SSR 94–4p which implemented the decisions in Buffington, et al. v. Schweiker and Califano v. Yamasaki, and provided that prior to the denial of waiver of recovery of an overpayment ...

In order to fulfill our stewardship responsibilities to the Social Security trust fund, we must employ methods that will simplify our personal conference procedures and use our resources most efficiently. We should be using all available technology when we conduct personal conferences. Therefore, elsewhere in this Federal Register, we published the final rule ‘‘Methods for Conducting Personal Conferences When Waiver of Recovery of a Title II or Title XVI Overpayment Cannot Be Approved’’ which revised the regulations to allow for personal conferences to be conducted face-to-face at a place we designate (usually in the
field office), by telephone, or by video teleconference.

Final Regulations On Overpayment

From today's Federal Register:
We are revising our title II regulations and adding title XVI regulations on personal conferences when waiver of recovery of an overpayment cannot be approved. These final rules allow for the conferences to be conducted face-to-face, by telephone, or by video teleconference in these circumstances.

DATES: These final rules are effective February 11, 2008.

Cleveland Gets Help

From the Cleveland Plain Dealer:

If you're one of the 14,000 people in Northeast Ohio who have been waiting months -- or years -- for a judge to decide if you qualify for government disability checks, 2008 could bring good news.

A number of improvements have been launched to try to reduce lengthy waits for disability hearings in Cleveland and across the country.

One of those changes was the opening Dec. 17 of a National Hearing Center in Virginia. Five hundred Cleveland cases were transferred to the center, where they will be handled in video hearings, according to Mark Hinkle, a spokesman for the national Social Security Administration office in Maryland. And, Hinkle said in an e-mail, an additional 120 Cleveland cases will be sent there each month. ...

Since he was sworn in about a year ago, Astrue has been working on solutions.

Among them, Hinkle said, is adding six judges to the nine who now hear cases in the Cleveland hearing office. ...

Those judges will be among 150 added across the country, Hinkle wrote in an e-mail response to questions from The Plain Dealer. "Training for the first new hires is scheduled to begin in mid-April 2008," he wrote. So it will be months before they begin hearing cases.

As deserving of extra help as Cleveland is, Atlanta is even worse. Is Atlanta getting extra help with its backlog which is even worse? Of course, the Atlanta newspaper has not been running articles on the backlog. Is help being allocated based upon who needs it most or on who yells the loudest?

Even though Social Security is getting $150 million more than the President asked for and Commissioner Astrue asked for and planned for, according to this article the number of Administrative Law Judges to be hired is staying at 150, which is little more than needed just to cover attrition over the two year time period from the time President Bush introduced his budget plan until there is a new budget.

More Comments On Proposed Procedural Regulations

Probably there are still more comments mailed to Social Security waiting to be processed, but here are two recently posted comments from Senators.