Appropriations Bill Clears Senate Committee

The Labor-HHS Appropriations bill for Fiscal Year (FY) 2009, which begins October 1, 2008, a bill which includes funding for Social Security's administrative budget, has been reported out of the Senate Appropriations Committee. The Senate Appropriations Committee has sent out a press release, but it is not yet showing up on the Committee website. The Senate bill would give the Social Security Administration $50 million more than the President's request for the agency. That is the same as what was reported out of the Labor-HHS Subcommittee but it is well below what was sought by those advocating for the agency. Unfortunately, the Commissioner of Social Security was not among those advocating for a bigger budget for his agency. Commissioner Astrue has been trying to downplay his agency's need for additional funding.

The fate of Social Security's FY 2009 appropriation is very much up in the air. The appropriations process has stalled in the House of Representatives. The President would surely veto anything that the Democratic controlled Congress would pass. With a new President coming next January, the Democrats in Congress have little incentive to negotiate with President Bush over the FY 2009 appropriations. It has generally been assumed that the appropriations process going on now was mostly to determine the bill that would be presented by the new Congress to the new President come next year, but there would be new actors on the stage then and there may be significant changes from what is being voted out of Committee now.

Beginning October 1, 2008 Social Security will be operating under a continuing funding resolution which will be problematic for the agency, since it will probably only allow spending at the FY 2008 level. This problem is likely to continue until at least next February and probably next March.

SSI Monthly Stats

Social Security's Office of Policy has released its monthly statistical package for the Supplemental Security Income (SSI) program.

Appropriations Process Stalls In House Of Representatives -- No Patience For BS

From The Hill:

The House Appropriations Committee on Thursday abruptly adjourned a markup of the Labor/HHS spending bill [which includes Social Security's administrative budget] after Republicans attempted to force votes on energy-related issues.

Following opening remarks by Chairman David Obey (D-Wis.), ranking Republican Rep. Jerry Lewis (Calif.) requested that Obey guarantee that the Interior appropriations bill would be scheduled for a markup on July 9. It had already been tentatively scheduled for that date, but Republicans said they had reason to believe it would be postponed.

At that point, according to Rep. John Peterson (R-Pa.), Obey replied, “If you want to run this place, get 30 more members.”

Lewis then attempted to force a vote by introducing an amendment that would have stricken the language from the Labor/HHS appropriations bill and replaced it with that of the measure funding the Interior Department.

When Peterson introduced an amendment regarding offshore drilling, instead of allowing him to present the contents, Rep. Norm Dicks (D-Wash.) called for a motion to adjourn, which passed on party lines. ...

Obey spokeswoman Kirstin Brost indicated the Wisconsin Democrat was not amused with the stunt, saying that the Interior bill was already scheduled for July 9.

“It should come as no surprise to anybody that Dave Obey has no patience for BS,” Brost said.

Why Do I Remain Afraid?

Section 6 of the ADA Restoration Act just passed in the House of Representatives contains the following language:

(e) Benefits Under State Worker's Compensation Laws- Nothing in this Act alters the standards for determining eligibility for benefits under State worker's compensation laws or under State and Federal disability benefit programs.

I hope that the ADA Restoration Act will not affect the validity of the Dan Skolar letter that remains the basis for Social Security's interpretation that the Americans with Disabilities Act does not affect disability determination under the Social Security Act. As specific as the language quoted above seems to be, I remain fearful. There are lots of well-meaning people out there who have an almost religious belief that EVERY disabled person can work and that full implementation of the Americans with Disabilities Act will allow EVERY disabled person (who is not just lazy) to return to work. If you think I am exaggerating about the disability advocates who believe the EVERY disabled person can work, try digging around in the website of the Ticket to Work and Work Incentives Advisory Panel.

If you are wondering how the ADA Restoration Act with such specific language could possibly affect disability determination at Social Security, remember that the Dictionary of Occupational Titles is kaput. Social Security has to replace it somehow. Whatever is done will fundamentally alter disability determination at Social Security. Social Security's leaders must make fundamental decisions about a future course of action and, no, I do not think that starting the process to contract with some entity to update the Dictionary of Occupational Titles commits Social Security to much of anything. That is merely a starting point, since I am pretty sure that any update to the DOT that is even halfway honest will show that unskilled sedentary jobs have almost disappeared from the economy and that there are far fewer unskilled light jobs than there used to be. It is what you do about that fact that is going to matter a whole lot. In making decisions about what to do about these changes in the economy, Social Security's leaders may be affected by the ADA Restoration Act without saying so or, indeed, without believing that they are affected. This is all very close to the bone.

Watch Out! Amendments To ADA Pass House

From Dow Jones:

The U.S. House moved Wednesday to broaden the definition of a disability under federal laws, passing a bill that would effectively reverse recent Supreme Court decisions on the workplace rights of disabled employees.

The bill, which passed 402-17, would revise the term "disability" to encompass a broader range of physical and mental impairments. Disability rights advocates say 1999 and 2002 U.S. Supreme Court decisions have so curtailed the scope of disabilities protected under the Americans with Disabilities Act, or ADA, as to exclude conditions such as cancer and cerebral palsy.

The bill would state that a disability couldn't be determined by whether " mitigating measures," including medication, prosthetics and assistive technologies, are available. The bill excludes people whose condition is expected to last six months or less.

According to the House Education and Labor Committee, plaintiffs in 2004 lost 97% of ADA employment discrimination claims, "often due to the interpretation of definition of disability."

So why does this matter to those interested in the work of the Social Security Administration? The argument has been made in the past that the ADA dramatically opened the doors for the disabled to return to work and that, therefore, it should be made harder to get on Social Security disability benefits and, if one gets on them, to stay on them. This has not happened so far largely because the ADA has been made a dead letter by the Supreme Court. If the ADA gets some teeth, this argument is likely to come back.

The argument that the ADA should change everything about the Social Security disability programs looks absurd at ground level. By statute, employer attitudes are excluded as a factor in determining disability at Social Security. The vast majority of disability claimants suffer from conditions that could not possibly be accommodated by employers. But the idea that simply passing amendments to the ADA could take lots of people off disability benefits and put them into jobs has such a powerful appeal to the naive that this is likely to have some effect upon the Social Security disability programs.

The irony is that those who promote an idea which would cause dramatic damage to the disabled population of this country are often those whom society thinks of as prototypically disabled, people in wheelchairs. Most people who are in wheelchairs do not suffer from progressive illness or severe pain or severe mental illness and have little sympathy for those who do. They believe that if they can conquer their disability that there is no reason why others cannot. If they could get over the depression that accompanied the own adjustment to wheelchair life, there is no reason why some person suffering from bipolar disorder or schizophrenia cannot get over their mental illness. My impression is that people in wheelchairs often dramatically overgeneralize from their own situations. Instead of helping others with disabilities, they are often the enemy of others who are disabled.

One Last Nomination

An announcement from the White House:

The President intends to nominate Jason J. Fichtner, of Virginia, to be Deputy Commissioner of Social Security for the remainder of a six-year term expiring 01/19/13. Dr. Fichtner currently serves as Acting Deputy Commissioner of Social Security and as Associate Commissioner for Retirement Policy at the Social Security Administration. Prior to this, he served as Senior Economist on the Joint Economic Committee of the United States Congress. Earlier in his career, he served as Senior Consultant in the Office of Federal Tax Services of Arthur Andersen.

Dr. Fichtner received his bachelor's degree from the University of Michigan, his master's degree from Georgetown University, and his PhD from Virginia Polytechnic Institute and State University.

Fichtner was only recently appointed as Acting Deputy Commissioner of Social Security. Here is some biographical information on him.

This late in President Bush's term there is essentially no chance of Fichtner being confirmed to a position whose term would run well beyond the end of the Bush Administration.

Funding Bill Progresses In Senate

Senator Tom Harkin has sent out a press release indicating that the Labor-HHS Subcommittee of the Senate Appropriations Committee (Harkin chairs the Subcommittee) has reported out an appropriations bill. This bill covers Social Security's administrative budget. Here is the relevant language from the press release:

Social Security Administration (SSA) — $10.4 billion is included for the administrative expenses of the SSA, $50 million over the President’s budget request and $632 million more than FY 2008, to continue efforts to reduce the backlog of disability claims. SSA reviews current disability cases to ensure beneficiaries remain eligible for Social Security.

This is not good news. The Chairman's mark in the House of Representatives was only $100 million over the President's proposed budget. Advocates are pressing for $11 billion, which would be $650 million over the President's proposed budget but probably still not nearly enough to begin a speedy turnaround of the mess at Social Security. It is far from clear that the amount in either the House or Senate bill would be enough to prevent things from getting worse at Social Security. Certainly, neither bill would make things significantly better.

The longer that Social Security's hearing backlogs stay at its current level, the less likely it is that anything will ever be done to dramatically diminish them. If you have tolerated a situation for ten years, what is the rush about doing something about it?

More Press Attention In Buffalo

The Buffalo News is running another article on the Social Security disability program. This one is entitled "After Long Ordeal, Mother Wins Aid For Son With Behavior Disorders." The article includes praise for Social Security Administrative Law Judge (ALJ) Maryellen Weinberg of Brooklyn.