In this final rule, we are extending until July 1, 2010, the date on which the listings for the following six body systems will no longer be effective:
Growth Impairment (100.00)
Respiratory System (3.00 and 103.00)
Hematological Disorders (7.00 and 107.00)
Endocrine System (9.00 and 109.00)
Neurological (11.00 and 111.00)
Mental Disorders (12.00 and 112.00)
Some individuals are dually entitled to both disability benefits based on their own earnings history and widow's benefits based on their deceased spouse's earnings. Although disability benefits are generally not reduced based on the beneficiaries' age, widow's benefits are reduced when beneficiaries elect to receive them before they reach FRA [Full Retirement Age]. However, if the widow's benefits started when the disability benefits began or later, the widow's benefits are adjusted and the reduction for age is eliminated when disability benefits end and retirement benefits are awarded. Usually, this occurs when the beneficiaries attain FRA. In December 2006, about 3.6 million beneficiaries were dually entitled to both retirement benefits and widow's benefits.SSA technicians are instructed to prepare manual diaries to control cases in which disability beneficiaries become entitled to reduced widow's benefits, to ensure the appropriate adjustments are made when disability ends and retirement benefits are awarded. In addition, SSA's Title II Redesign system produces alerts when these beneficiaries attain FRA. SSA technicians then determine whether adjustments to the widow's benefits are needed. Because the Agency does not have an automated system to make the necessary adjustments, employees must take manual actions to ensure these beneficiaries are paid correctly.
In May 2007, we issued a report on Adjustment of Widow's Insurance Benefits at Full Retirement Age (A-01-07-27122). Based on the results of our audit, we estimated that about 9,751 beneficiaries were underpaid approximately $113.7 million through November 2006. In May 2008, SSA reported these widow's records were reviewed and corrected in Fiscal Year 2007. Because SSA corrected the benefits for these widows, they will receive about $137.8 million in additional payments over the rest of their lives. ...
Because the population used for our May 2007 audit was identified in 2004, we indicated in that report that we would conduct additional analysis to identify a more recent population of widows who may have been underpaid. Therefore, we identified 9,603 widows who were not in the prior audit population but appeared to be underpaid. In March 2008, we referred these new cases to SSA's Office of Operations for review and corrective action. SSA informed us it began working these cases in April 2008 and expects to complete them all in Fiscal Year 2008.
We selected a random sample of 200 cases from this new population for detailed analysis. (See Appendix A for additional information about our scope, methodology and sample results.)
Results of Review
Based on the results of our review, we estimate that about 8,403 beneficiaries were owed approximately $95 million through February 2008. In addition, if SSA does not take action to correct the benefits paid to these widows, we estimate they will continue to be underpaid about $211 million over the rest of their lives.
The Secure America Through Verification and Enforcement Act (SAVE) was introduced by Heath Shuler, a North Carolina Democrat. The bill does nothing to increase legal immigration, which is the only realistic way to decrease illegal immigration. Instead, it throws more money at a mandatory employment verification system (E-Verify) for the nation's six million employers.The Democrats never intended to pass the measure, mind you. While collecting co-sponsors, Mr. Shuler assured Democrats there would be no action this year. The idea was to provide election-year cover for House Democrats from red states, letting them cite the Shuler bill as proof they are cracking down on illegal immigration.
However, Republicans saw an opportunity to embarrass Democrats by forcing a floor vote on the SAVE Act. Restrictionists Brian Bilbray and Tom Tancredo began a discharge petition drive in early March, eventually gathering 189 of the 218 signatures needed to force a House vote on the bill. Democrats are now backing off the legislation, lest it divide their caucus. ...
This political theater notwithstanding, the SAVE Act deserves to die on the merits. E-Verify is pitched as a check on undocumented workers. But this law would require that every worker in the country run this new verification gauntlet to change jobs.
E-Verify is currently a voluntary pilot program for new workers. About 50,000 employers use it, and studies have revealed problems galore, partly because the Social Security Administration (SSA) database on which it relies contains an error rate of around 4%. With about 55 million new hires in the U.S. annually, a 4% error rate means erroneously flagging some two million people each year. They would then have to visit their local SSA office to prove in person that they have permission to work in their native land.
Keep in mind that the SSA isn't exactly a model of speed and efficiency. By its own admission 50% of calls to branch offices and 25% to the 1-800 number aren't even answered. And what of calls that do get through? It currently takes, on average, more than 500 days to get a decision on a disability appeal. Even if E-Verify were ready for prime time, there's little chance it would reduce illegal immigration. As the CBO analysis concluded, an employment verification mandate is more likely to drive illegal aliens – most of whom now work on the books – into the underground economy, not out of the country.
| Getting rid of illegal immigrants is so important that I don't care what happens at Social Security (5) | 7% |
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| I don't think it will be a big deal for Social Security (2) | 3% |
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| I expect some problems for Social Security, but nothing serious (11) | 15% |
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| I expect significant problems for Social Security (16) | 22% |
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| I expect major problems at Social Security (21) | 29% |
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| I expect an incredible crisis for Social Security (18) | 25% |
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In a step to alleviate the severe backlog of disability claims in Western New York, the Social Security Administration will appoint two more administrative law judges to Buffalo area hearing offices, Rep. Brian Higgins announced Friday. ...After the Social Security Administration released data in March showing Buffalo’s large backlog of disability claims, Higgins, D-Buffalo, and Sen. Hillary Rodham Clinton, DN. Y., wrote to Social Security Administration Commissioner Michael Astrue, calling for the appointment of more judges in the district.
The new hires will reduce the time judges waste commuting back and forth between the Buffalo and Rochester offices, Higgins said.
Higgins said more must be done to lessen the strain on Buffalo- area offices.
“I’m not content with this action,” he said. “It’s wonderful news, but we’re going to keep seeking changes.”
