Jan 15, 2008

Witness List For Social Security Subcommittee Hearing

Below is the tentative witness list for tomorrow's hearing before the Social Security Subcommittee of the House Ways and Means Committee:
David A. Rust, Acting Deputy Commissioner for Disability and Income Security Programs, Social Security Administration

Laura R. Haltzel, Specialist in Social Legislation, Congressional Research Service

Frances Rosenfield, Retired Postmaster of Albany, New York, on behalf of the National Association of Postmasters

Margaret Cagle, Teacher, Los Angeles Unified School District; Member, National Education Association, Chatsworth, California

John O’Sullivan, Secretary-Treasurer, Texas AFT, Austin, Texas

Terry Moakley, Vice President for Public Affairs, United Spinal Association, Jackson Heights, New York, on behalf of the Consortium for Citizens with Disabilities’ Task Forces on Social Security and Employment and Training

Joan Entmacher, Vice President and Director of Family Economic Security, National Women’s Law Center

Joseph Rugola, International Vice President, American Federation of State, County and Municipal Employees (AFSCME), Columbus, Ohio

Sue Melton, State President, Association of Texas Professional Educators, Austin, Texas
By the way, notice that David Rust is still just acting Deputy Commissioner for Income Security Programs. Commissioner Astrue has not yet been able to come up with someone permanent for that job.

DPC Meets With Astrue On Proposed Regulatory Changes

From the Disability Policy Collaboration (DPC) Capitol Insider:
DPC staff and other advocates met with Social Security Commissioner Michael Astrue [last week] regarding concerns about the impact of proposed rule changes on the Social Security system appeals process. While the public comment period has officially closed, advocates wanted to discuss what are considered the most problematic proposals, including new limits on submission of evidence within 5 days before the administrative law judge hearing or after the hearing. In addition to signing on to the comments of the Consortium for Citizens with Disabilities, the DPC had submitted testimony on behalf of The Arc [Association for Retarded Citizens] and United Cerebral Palsy.

No New Cases For FedROs

No surprise in this announcement in today's Federal Register:
We are modifying our disability administrative adjudication processes to suspend new claims to the Federal reviewing official (FedRO) level, now operating in the Boston region. Claims already transferred to the Office of the Federal Reviewing Official (OFedRO) for FedRO review will continue to be processed by the OFedRO and a related component of the disability determination process, the Medical and Vocational Expert System (MVES), commonly known as the Office of Medical and Vocational Expertise (OMVE). We are making these changes to ensure that we continually improve our disability adjudication process.

Bush Budget Message Coming In Early February

The Disability Policy Collaboration Capitol Insider reports that President Bush's budget for fiscal year (FY) 2009, which begins on October 1, 2008, will be released on February 4. Commissioner Astrue's requested budget for the Social Security Administration should be released at about the same time.

Lack Of Planning

From an editorial entitled "Lack of Planning" in the Las Vegas Sun:
Federal auditors say the Social Security Administration lacks a sufficient plan to address its backlog of hundreds of thousands of disability claims. ...

The report by the Government Accountability Office, the investigative arm of Congress, says 1.5 million claims remained unresolved at the end of 2006 and 576,000 of those were backlogged meaning they had exceeded the amount of time generally needed for resolution of claims. ...

Social Security Administration officials have said that in order to hire enough staff to adequately process the backlog, the agency needs $100 million beyond the $275 million increase that Congress approved in December. Both amounts are more than President Bush has proposed in his 2008 budget, which calls for funding at the existing level.

The GAO, however, said that regardless of whether funding is increased, the agency needs to improve the poor communication that exists among the agency’s state offices, where initial claims are handled. ...

Social Security Administration officials also must improve the monitoring of claims as they enter the appeals process, the GAO says, and must adequately plan and execute programs to address the backlog something the agency has failed to do.

It is sad to think that Americans who are unable to work because of injury or illness are helplessly watching bills pile up and mortgages go into arrears while waiting years for the federal government to decide whether assistance will be granted. Congress must see to it that the GAO’s recommendations are carried out.

Note here that the GAO report has succeeded in convincing a newspaper editorial writer that most of the backlog problem at Social Security is due to poor leadership at the Social Security Administration. In a sense this is true. Social Security's leaders have been unwilling to exhibit leadership by speaking up and telling the world that they lack adequate funding. Their inability to speak the truth has been coupled with a willingness to come up with increasingly desperate "Hail Mary passes" such as re-engineering, Hearing Process Improvement (HPI) and Disability Service Improvement (DSI) to create the illusion that there is a plan to address the backlogs. We are to the point now that the current Commissioner can only come up with pathetic, meaningless phrases such as "compassionate allowances" that, even on their face, offer no solution to the backlog problem.

While Congress was considering Social Security's operating budget for the current fiscal year, Astrue was willing only to hint that his agency needed more operating funds than provided for in the President's budget, even though he knew well that Bush's budget might not even be enough to keep the backlogs from growing. This is poor leadership indeed.

Jan 14, 2008

CBS Promotes Allsup

The CBS News website contains a fair amount of material promoting Allsup, Inc., a large non-attorney representative group.

16,000 Have Died Over The Last Two Years

The first part of the CBS News story on the Social Security disability backlogs ran tonight. If you missed watching it, you can check out the video online.

The report contained the news that 16,000 Social Security disability claimants had died while awaiting a hearing in the last two years.

Astrue On Upcoming CBS Report On Backlogs

An e-mail distributed to Social Security employees:
^Commissioner Broadcast
Monday, January 14, 2008 12:36 PM
COMMISSIONER'S BROADCAST--01/14/08

A Message To All SSA And DDS employees

Disability Story

I wanted all of you to know that the CBS Evening News is doing a two-part investigative series on the disability backlog tonight and tomorrow night.

Part of what CBS will report is precisely what I told Congress in May of last year. I testified, "The length of time many people wait for their final disability decision is unacceptable. Further I said, "For some, the long wait for their day in court leads to homelessness and the loss of family and friends. Sadly, people have died waiting for a hearing."

It appears from their promotional materials that the stories will focus heavily on the problems -- as you might expect from an investigative report. What is less clear is whether they will report on the solutions we have already started implementing.

Let me assure you we did our best to convey to CBS that we are attacking the problems with urgency and that we have made real progress in the past year despite declining resources and increasing demands. As I told CBS, we have dedicated employees who are doing their best to address these problems.