NOSSCR Comments On Proposed Scheduling Rules

The National Organization of Social Security Claimants Representatives (NOSSCR) has posted its comments on the proposed regulations that would allow the Social Security Administration to remove any control that an individual Administrative Law Judge (ALJ) has on scheduling hearings. NOSSCR's comments express concern that the proposal would diminish ALJ indepedence and that it is a distraction from the vastly larger problem of lack of adequate staffing at Social Security.

File your own comment online. The deadline for comments is January 9, 2009.

Judge Judy Gives A Lecture

Social Security Begins Podcasting

You can download podcasts from Social Security. The first is Deciding When To Start Receiving Retirement Benefits.

Across The Pond

Disability determination is very different overseas Here is an exchange from the Rightsnet board in Great Britain:

Joe Barton:
Had a client who could not use her right hand so could not peel or chop vegetables as a result we applied for the low rate Care Component of DLA [Disability Living Allowance, which looks as if it may be the rough equivalent of SSI disability benefits] on the basis that she could not plan, prepare and cook a main meal. At the tribunal hearing clients appeal was disallowed on the basis that she could buy packets of frozen veg that did not need chopping? Has the law on the cooking test changed because it seems judges at tribunals are now resorting to the above tactics and mentioning things such as microwaves.

ken:
I think that a tribunal could argue there is sufficient case law that allows for the reasonable use of a microwave to help in in the 'preparation' of a main meal.

However, in terms of ingredients, the commissioner in R(DLA) 2/95 held that -

• 'The word 'prepare' emphasises a claimant's ability to make all the ingredients ready for cooking. This includes the peeling and chopping of fresh vegetables as opposed to frozen vegetables which require no real preparation.'

I imagine that we look similarly bizarre to those on the other side of the Atlantic.

Merry Christmas!

Competing SSI State Subsidy Cut Proposals In California

Looks like hard times are coming for SSI recipients in California. According to the Sacramento Bee, the Republicans, the Democrats and the governor all want to cut the state SSI supplement to help meet a huge budget deficit. Each has a plan. The Democrats want to cut the supplement by $656 million. The Republicans want to cut twice as much, $1.3 billion. Governor Swartznegger wants to cut the supplement by $1.4 billion.

Christmas Eve

Medicare Waiting Period Draws Attention

The Associated Press is running a story on the terrible human costs of the two year waiting period for Medicare after someone becomes eligible for Title II Social Security disability benefits. The story does not even mention that the waiting period is actually almost two and a half years for most disabled people, since the two year waiting period is on top of a five month waiting period for the cash disability benefits and those must be five full months. Here are a couple of excerpts from the story:

An estimated 1.8 million disabled workers are languishing in Medicare limbo at any given time. And about one out of eight dies waiting.

As many as one-third of those waiting are uninsured. ...

"The current law is really indefensible," said Sen. Jeff Bingaman, D-N.M. "There is no logic behind requiring people who are determined to be disabled to wait two years before they become eligible for Medicare." Bingaman introduced a bill to phase out the waiting period, and as a senator Obama co-sponsored it. ...

"When it comes to people dying of cancer, you can't help but be sympathetic," said Sen. Charles Grassley, R-Iowa. "But at a time when we have a big downturn in the economy, it may be questionable what can be done in a lot of these areas." Grassley, the senior Republican on the Senate committee that oversees Medicare, said he hasn't made up his mind about a repeal of the waiting period.

A possible compromise that could save taxpayers money would be to subsidize a continuation of employer coverage for disabled workers during the 24-month wait. Many can keep their benefits now, provided they pay the full premium, which not all can afford.

I do not recall Senator Grassley holding a hearing on repealing the Medicare waiting period when he was Chairman of the Senate Finance Committee and the economy was booming.