Feb 26, 2008

Ticket To Work Panel Backs Off

I have not been paying much attention to the Ticket to Work and Work Incentives Advisory Panel (which I will refer to as the Panel), because I regard it as inconsequential. Others have been paying attention, however. The minutes of the October 31, 2007 panel meeting show that Berthy de la Rosa-Aponte, the Panel Chairperson, was at pains to defend the Panel from outside criticism.

The minutes say that she referred to a letter from some Congressmen stating that the Panel had gone beyond its charge. Apparently, the letter said that the Panel had been listening too much to a "self-selected group of beneficiaries who have an interest in work, who have the capacity to participate in [the Panel's] discussions, and [that] the folks [the Panel was] hearing from aren’t really representative of the typical Social Security beneficiary."

The Chairperson also told the Panel that she had met with Social Security Commissioner Michael Astrue and that he had told her that the Panel's draft final report went beyond the Panel’s charge.

Marty Ford, Chairperson for the Consortium for Citizens with Disabilities (CCD) spoke at the same meeting and warned that the Panel's recommendations should "not threaten necessary income supports for individuals with disabilities." She told the Panel that the CCD did not "support radical changes in the existing Social Security and SSI disability programs. " She urged the Panel to "first and foremost do no harm.'" She asked the Panel not to recommend changes in Social Security's definition of disability or that participation in work activities be made mandatory or that disability benefits be subject to time limits.

Thus far, I have been unable to find a copy of what the Panel was considering. However, in the end, it looks like the Panel listened to its critics. The final report urged only that:
Congress and the Administration should take action to evaluate the impact of modernizing the Social Security definition of disability by defining disability in a manner that acknowledges the interaction between the person’s impairment and the environment and does not require the individual to prove their inability to engage in substantial gainful activity.
There was no recommendation of time limited benefits or mandatory work activity or anything else radical.

Feb 25, 2008

Appropriations Hearing On February 28

Even if the House Social Security Subcommittee is not ready to bring the Commissioner of Social Security in for a hearing, the Subcommittee on Labor, Health and Human Services of the House Appropriations Committee is -- and David Obey, the Chairman of the full Committee is Chairman of this Subcommittee. From the Subcommittee's website:

Hearing
The Disability Backlog at the Social Security Administration

February 28, 2007 10:00 AM, 2358-C Rayburn

Michael Astrue, Commissioner, Social Security Administration

Patrick O'Carroll, Inspector General, Social Security Administration, Office of the Inspector General

Richard E. Warsinskey, Immediate Past President, National Council of Social Security Management Associations

Marty Ford, Co-Chair, Consortium for Citizens with Disabilities Social Security Task Force

Ronald G. Bernoski, President, Association of Administrative Law Judges
This should be available by webcast.

Federal Register Items Coming

All federal agencies, including independent agencies such as the Social Security Administration, must obtain approval from the Office of Management and Budget (OMB), which is part of the White House, before publishing new regulations in the Federal Register. OMB has just cleared the following items, which should be appearing in the Federal Register in the near future (and note that OMB forced change in one of them, although I do not know what the change was):

Agency: SSA
RIN: 0960-AG67
TITLE: Revised Medical Criteria for Evaluating HIV Infection (3466A)
STAGE: Prerule ECONOMICALLY SIGNIFICANT: No
RECEIVED DATE: 01/17/2008 LEGAL DEADLINE: None
COMPLETED: 01/31/2008 COMPLETED ACTION: Consistent without Change


AGENCY: SSA RIN: 0960-AG49
TITLE: Amendment to the Attorney Advisor Program (3398I)
STAGE: Final Rule No Material Change ECONOMICALLY SIGNIFICANT: No
RECEIVED DATE: 01/28/2008 LEGAL DEADLINE: None
** COMPLETED: 02/22/2008 COMPLETED ACTION: Consistent without Change


AGENCY: SSA RIN: 0960-AG54
TITLE: Compassionate Allowances (3427P)
STAGE: Prerule ECONOMICALLY SIGNIFICANT: No
RECEIVED DATE: 02/11/2008 LEGAL DEADLINE: None
COMPLETED: 02/21/2008 COMPLETED ACTION: Consistent with Change

About Time For A Hearing

The last time that Michael Astrue, the Commissioner of Social Security, appeared at a hearing before the House Social Security Subcommittee was May 1, 2007, almost ten months ago.

I think we are overdue for another hearing.

Astrue: "Our Field Office Structure Is Under Siege"

From a Federal Times article about backlogs and staffing problems at federal agencies (and note the use of "Democrat" rather than "Democratic", which Democratic Senators and Representatives would find annoying, as Astrue well knows, but apparently forgot while doing this interview, or maybe he just does not care):
Years of tight budgets have also hurt agencies. Social Security Commissioner Michael Astrue described his agency as a victim of its own “reputation for competence”: Congress appropriated less than the president’s budget request for 12 of the last 14 years.

That has forced the agency to reduce its staff of administrative law judges, who adjudicate claims for disability benefits. The agency is down from 1,200 such judges to almost 1,000, almost as low as during the mid-’90s.

“It wasn’t a Republican thing or a Democrat thing. … It was easy to bleed us dry when they were fixing a problem someplace else,” Astrue said. “And our field office structure is under siege. We’ve maintained the same number of field offices, but the population [needing our services] has gone up, and Congress adds a significant new workload every year.”

Among the recent new additions to the agency’s workload: processing claims under Medicare’s Part B insurance program and Part D drug plan, and verifying immigrants’ status through Social Security numbers.

Feb 24, 2008

Quick Disability Determination

After television station KATU in Portland, OR ran a story on two local individuals who were suffering through the long wait for a hearing on their Social Security disability claims, both were suddenly approved. See the story.

It's Bad In Kansas And Getting Worse

From the Lawrence, Kansas Journal-World & News:

Thursday’s sleet and snow didn’t stop Glenda Endriss from having her day in court.

She had waited too long — more than two years — to stay at home.

Endriss is among the thousands of Kansans whose Social Security disability case has taken years — not months — to decide. Unable to work and without an income, the wait for the Social Security Administration to rule on a disability case can leave applicants struggling. ...

In August, Kansas was named the worst state in the country for its backlog of disability cases. Since then, the time it takes to get a hearing by a Social Security administrative law judge has increased.

As of January, the average wait for a hearing in Kansas City was 686 days — about two months shy of two years. It is a month and half longer than what the wait was in August.

For Wichita, it takes 529 days — almost a year and half — and more than a month longer than what the wait was in August.

Feb 23, 2008

Ohio Congressman On Disability Backlogs

Charlie Wilson, a Democratic Congressman from Ohio, has held a news conference and issued a press release on the Social Security Administration's disability backlog problems.

Wilson is not a member of any committee having jurisdiction over the Social Security Administration.

It will be interesting to see whether other Congressman choose to publicize their stand on this issue as we head to the election.