SSI Newsletter

The Disability Benefits Project of Massachusetts Legal Services has released its 31 page SSI Coalition Newsletter for May-June 2008.

ALJ Loses Fight For Job

From the Atlanta Journal-Constitution:

For three years, Kelly S. Jennings ruled on disability claims for the Social Security Administration while simultaneously serving as an active-duty lawyer for the Army.

This week, a ruling determined the Atlanta administrative law judge can be removed from his civilian job for double-dipping. Social Security has also filed papers to recover more than $309,000 in back pay and interest from Jennings.

By dividing his time between jobs, Jennings could not give Social Security his full attention, which in turn contributed to the nation's mountainous backlog of disability claims, wrote William N. Cates, the administrative law judge who heard the case.

Jennings worked in Social Security's Atlanta North office, known as the agency's "backlog capital" of the country. With an average wait of 838 days, the office in May ranked as the slowest in the nation in resolving the appeals of people who say they are too sick or injured to work.

Jennings, who said he made more than $300,000 a year working for both Social Security and the Army, acted "purely for personal gain," Cates wrote. "Judge Jennings' dual employment and the ramifications thereof warrant his removal." ...

"We are pleased by the decision," Social Security Commissioner Michael J. Astrue wrote in an e-mail. "The irresponsible conduct of this employee shouldn't tarnish the reputations of our ALJs, who have helped reduce the disability backlog by increasing their productivity by about 10 percent in the past year."

Employee Satisfaction At Social Security

From the National Council Digest, put out by Council 220 of the American Federation of Government Employees (AFGE), which represents a good part of Social Security's workforce:

A poll recently conducted by Council 220 shows that nearly half of the respondents are either “dissatisfied” or “extremely dissatisfied” with their work experience at Social Security. An overwhelming number (79%) also believe that most employees share those same feelings. ...

When asked “do you feel that you have enough time to devote to a quality work product?” a staggering 82 per cent answered “no.” ...

A large number (59%) believe quantity of work is considered more important than quality. ...

Big Fraud Investigation?

From Dominican Today:

SANTO DOMINGO.- Three United States federal prosecutors, FBI agents and investigators from other agencies are in the country to probe the whereabouts of dozens of millions of dollars bilked from its Social Security System, allegedly laundered in the Dominican Republic.

Justice minister Radhamés Jiménez yesterday said there are leads in the case agaisnt those implicated, but refused give details ...

Jiménez said the U.S. investigators are working with local prosecutors on money laundering in the country, as part of the collaboration in important cases. "In fact, those prosecutors are behind an investigation of an embezzlement committed in the United States and it’s assumes that fruit of that money, of that fiscal fraud against the United States, a large part of all that money was laundered in the Dominican Republic."

The official, who said there could be more information on the case “in a relatively short time,” doesn’t know how long they’ll remain in the country. He stressed that there’s no extradition request.

"There’s information that isn’t public knowledge," he said, but noted that neither politicians nor military have been implicated no far.

Many, Many Plaques

From FedBizOpps.Gov:

The Social Security Administration (SSA) intends to negotiate a sole-source acquisition with Lamb Awards and Engraving, 129 E. Main St., Westminster, MD 21157 to provide 7,500 wood plaques constructed per attached specifications. The proposed contract action is for supplies for which the Government intends to solicit and negotiate with only one source under the authority of FAR 13.106-1(b)(1).

Fantasy Meets Reality

At the recent conference of the National Organization of Social Security Claimants Representatives Marianna LaCanfora, Social Security's Assistant Deputy Commissioner for the Office of Retirement and Disability Programs, spoke of a plan to to introduce an automated system by which medical records are obtained automatically by Social Security before claims files ever reach Disability Determination agencies for adjudication. That was the fantasy she was talking about.

Meet the reality. Even in theory, this plan can only work if medical records are stored electronically. However, the New York Times reports on a New England Journal of Medicine study that shows that fewer than one in five doctors in this country has started using electronic records systems. Only 9% of doctors in small offices have such systems. Those who are experts in electronic records believe that smaller medical practices have little incentive to switch to electronic records and that government incentives will be required to make it happen. An upcoming experiment by Medicare will cost $150 million just to convert 1,200 small practices! The cost of converting all medical practices in this country would be astronomical.

Even if all medical practices in the country could be converted to electronic medical records, developing a fully interchangeable system such that medical records could be obtained with almost no effort would still be a long way off.

Please, no more moonbeams, Social Security. Let us talk about what can be done in the here and now about the current problems.

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.