NPRM On Age

Relax. This is not a big deal. There was a very controversial proposal to change the age categories in the grid regulations, but this is not it.

The Social Security Administration has published in the Federal Register a Notice of Proposed Rule-Making (NPRM) to "to acknowledge that we make disability determinations for individuals over age 64 [since a prior statutory change is moving full retirement age up to 67]. These proposed changes are technical corrections that would help to explain how we currently determine disability for such individuals and would not have any substantive effect."

Chairman Obey Statement On Social Security Appropriation -- Moving Backwards

The Labor-HHS Subcommittee of the House Appropriations Committee held a markup session today on the Labor-HHS Appropriation bill. David Obey is the Chairman of the full House Appropriations Committee, as well as Chairman of the Labor-HHS Subcommittee. The Labor-HHS Appropriations bill includes the Social Security Administration's Limitation on Administrative Expenditures (LAE), which is basically the appropriation for the Social Security Administration's operating budget.

Traditionally, the Chairman of the Committee prepares a "Chairman's Mark", a proposed appropriations bill and the Committee or Subcommittee works off that, with members of the Subcommittee and later the full Committee offering amendments to the Chairman's Mark." Obey prepares the Chairman's Mark in consultation with Committee members, so the end result should be pretty close to the Chairman's Mark.

Here is an excerpt from Obey's statement before today's markup session:

“The bill [Chairman's Mark] also accelerates efforts at the Social Security Administration to ensure that seniors and the disabled receive the benefits to which they are entitled. It provides $682 million over last year ($100 million over the request) to help SSA reduce the backlog of disability hearings, improve claims processing times, and support field offices.

Let me make a few points. First, the Budget Resolution, which is only binding upon the Appropriations Committees in aggregate, provided for $240 million in extra financing for Social Security, so we are moving backwards. Second, I do not know what happened today in the Subcommittee markup, much less what will happen in the full Committee. Third, the Senate will have a say in the matter. The Senate may be more concerned about Social Security's operating budget than the House of Representatives. They were last year. Finally, it is clear that Congress and President Bush will not be agreeing upon appropriations bills. These will all be pending when the new President and Congress come to town next January. Still, the appropriations process going on now is important. This whole process cannot start from scratch in January. What is agreed to now is almost certain to be the starting point come next January and, given the urgency to get something passed, the end point is likely to be near the starting point.

Waiting In Michigan -- And Spreading A Misconception

WLNS in Lansing, MI is running a story on the backlogs in adjudicating Social Security disability claims. The story is misleading in a rather common way. Here is a quote:

"It was to the point where we had gone through all of my retirement and all of our life savings. We weren't going to be able to keep our house if something didn't happen relatively quickly."

Teresa [Brown, the claimant] finally decided to call Congressman Mike Rogers. She had her hearing two months later and finally got approved for disability.

Teresa Brown: "Relief, the end was finally here."

No, the call to the Congressman had nothing to do with the allowance. It was almost certainly coincidence. Now, thousands of people in the Lansing will believe that their Congressman has some special magic that will enable them to be approved quickly for Social Security disability benefits. Claimants may even avoid hiring an attorney who might actually be able to help them because of this misconception.

Testimony On Economic Stimulus

Linda McMahon, Social Security's Deputy Commissioner For Operations, testified today before the Oversight and Social Security Subcommittees on the status of the economic stimulus payments.

Supreme Court Decides Met Life Case

From the opinion in Metropolitan Life Insurance v. Glenn, No. 06-923, issued today by the Supreme Court:

The Employee Retirement Income Security Act of 1974 (ERISA) permits a person denied benefits under an employee benefit plan to challenge that denial in federal court. 88 Stat. 829, as amended, 29 U. S. C. §1001 et seq.; see §1132(a)(1)(B). Often the entity that administers the plan, such as an employer or an insurance company, both determines whether an employee is eligible for benefits and pays benefits out of its own pocket. We here decide that this dual role creates a conflict of interest; that a reviewing court should consider that conflict as a factor in determining whether the plan administrator has abused its discretion in denying benefits; and that the significance of the factor will depend upon the circumstances of the particular case. See Firestone Tire & Rubber Co. v. Bruch, 489 U. S. 101, 115 (1989).

Coming To A Mall Near You

From the Current Argus of Carlsbad, NM:

Patrons of the Carlsbad Social Security Office can now "shop" while they wait.On June 9, the Social Security office opened the doors at its new location inside the Carlsbad Mall. The 2,000-square-foot space, which is next to Beall's department store, offers easier access and more privacy than the older office.

Rota And Tinian Get Visit

From the Saipan Tribune:

A Social Security Administration representative will be on Rota and Tinian this week to accept Social Security number applications, reports of any change regarding eligibility, and answer questions regarding programs administered by Social Security.

On Wednesday, June 18, the representative will be on Rota at the Mayor's Office conference room from 10:30am to 4:30pm. On Thursday, June 19, the representative will be on Tinian at the Community and Cultural Affairs Office located at the Tinian Gymnasium.

Saipan, Rota and Tinian are all in the Northern Marianas, located in the Pacific. A website describes them as "a tropical paradise offering magnificent beaches, crystal clear blue waters, the lively bustle of night life, shopping, a wide range of ethnic food, and a multitude of outdoor activities."

Article On The Shaw Group

The Belleville News-Democrat of Southern Illinois is running an interview with James Shaw of the Shaw Group, a provider of non-attorney representation to Social Security disability claimants. A small excerpt:

Q: Who does The Shaw Group represent today?

A: "We have clients in 5,000 different cities across the country, Canada, Puerto Rico, the Philippines, Germany and Sweden ... These are Americans who work inside and outside of the country who become disabled. We have done these claims for those living in all 50 states and abroad, and it just keeps getting bigger than I dreamed it ever would."

By the way, God help them with the representation of U.S. Social Security disability claimants who live overseas. I have done a little of that. If you think Social Security's domestic operations are in shambles, you ought to see what disability claimants who live overseas have to face! I have been involved with Social Security disability work for more than 30 years and I have never seen anything that comes close to the mess that Social Security has with disability claims that come in from outside U.S. borders.