Claimants Getting Shortchanged?

I just noticed this in Social Security's Program Operations Manual Series (POMS) §SI 00206,200.A.1 (emphasis added):

It is longstanding SSI policy to deduct the expenses of obtaining income from that income before counting it in the SSI eligibility and payment computations. See SI 00830.100. In all title II and title XVI offset cases these expenses include any attorney or nonattorney representative fees that apply to the title II benefits, even if part of the fee is determined based on title XVI past-due benefits. These expenses may also include out-of-pocket expenses that are not part of the fee but are paid by or billed to the claimant.

I know how to notify Social Security of the out of pocket expenses paid by my clients under the fee petition process, but how am I supposed to notify them of the costs under the fee agreement process, which is used about 98% of the time? It looks to me as if Social Security never developed a process for this and that claimants are getting shortchanged as a result. I cannot be the first person to notice this. What is the history on this?

Spend The Money On Computers And Combatting Fraud

Take a look at the opening statement given by the Ranking Republican member of the Social Security Subcommittee, Sam Johnson, at the hearing this week. I will paraphrase: I give lip service to customer service at Social Security, but what is really important to me is making sure that any extra operating funds given to the Social Security Administration be spent on contractors and on combatting fraud, which I am sure is rampant at Social Security.

Not Soon Enough

From the WSPA "Problem Solver:"

Debbie Satterfield turns the pages of her daughter Jennifer’s life… a 32-year-old who’s life was cut short earlier this month after battling cervical cancer.

We introduced you to Jennifer [Satterfield] last year…her mother by her side as she fought for years to get disability benefits from the Social Security Administration. At the time, SSA said the “condition(s) is not severe enough to be considered disabling.“ ...

With our help that battle ended. ...

Now, more than seven months later SSA has only sent a portion of that money.

“It’s not fair,“ said Debbie. “Why should people die waiting for money that’s due them?“

During a phone interview from Atlanta, SSA’s Patti Patterson told us because Jennifer was receiving two types of benefits…disability (SSDI) and supplemental security income (SSI)...by law SSA had up to a year and a half to send her back pay for part of her benefits....

Debbie says the wait simply isn’t fair…especially since her daughter waited years to get approved.

“It angers me a lot because now she is dead and she can’t enjoy that money that was due her,“ said Debbie.

Update: It appears that Social Security made a mistake here. The statute says that SSI back benefits are not supposed to be paid in installments if the claimant is expected to die within less than twelve months. (Of course, the Social Security field office may not have realized that she was terminal.) Unfortunately, since the claimant is dead, there is nothing to do about this. However, a very smart reader also pointed out that it looks like something can still be done to get these children more of those back benefits. The windfall offset was computed based upon SSI back benefits being paid. Most of those SSI back benefits were never paid due to this woman's death. The windfall offset should be recomputed and more money paid.

Biden And Astrue Press Release

A press release from Social Security:

Vice President Joe Biden and Michael J. Astrue, Commissioner of Social Security, announced today that the federal government will send out $250 economic recovery payments to people who receive Social Security and Supplemental Security Income (SSI) benefits beginning in early May 2009 and continuing throughout the month. No action is required to get the payment, which will be sent separately from the person’s regular monthly payment.

"The Social Security Administration and Commissioner Astrue have been working closely with other federal agencies to get these payments out the door in record time and into the hands of folks who need it most," said Vice President Biden. "These are checks that will make a big difference in the lives of older Americans and people with disabilities - many of whom have been hit especially hard by the economic crisis that has swept across the country."

“We have been working diligently to issue the $250 one-time recovery payments as soon as possible,” Commissioner Astrue said. “The legislation requires extensive coordination with other federal agencies and I’m pleased we are on track to issue these recovery payments earlier than the statute requires. Soon more than $13 billion will be in the hands of more than 50 million Americans.”

The American Recovery and Reinvestment Act of 2009 provides for a one-time payment of $250 to adult Social Security beneficiaries, and to SSI recipients, except those receiving Medicaid in care facilities. To receive the payment the individual must be eligible for Social Security or SSI during the months of November 2008, December 2008 or January 2009.

The legislation also provides for a one-time payment to Veterans Affairs (VA) and Railroad Retirement Board (RRB) beneficiaries. The VA and RRB will be responsible for paying individuals under their respective programs. However, if someone receives Social Security and SSI, VA or RRB benefits, he or she will receive only one $250 payment. People getting Social Security or SSI should not contact the agency unless a payment is not received by June 4, 2009.

Dick Cheney's Influence Waning

From a March 19, 2009 Memorandum to all agency heads from Attorney General Eric Holder:

First, an agency should not withhold information [under the Freedom Of Information Act -- FOIA] simply because it may do so legally. I strongly encourage agencies to make discretionary disclosures of information. An agency should not withhold records merely because it can demonstrate, as a technical matter, that the records fall within the scope of a FOIA exemption. ...

[A]s the President stated in his memorandum, "The Government should not keep information confidential merely because public officials might be embarrassed by disclosure, because errors and failures might be revealed, or because of speculative or abstract fears." ...

[A]gencies should readily and systematically post information online in advance of any public request. Providing more information online reduces the need for individualized requests and may help reduce existing backlogs [of FOIA requests].

Social Security may finally act upon my Freedom Of Information Act request for all the recent Emergency Messages that the agency has been trying to keep secret and, better yet, stop keeping Emergency Messages secret for trivial reasons, such as embarrassment. Emergency Messages are the main way that the Social Security Administration transmits information about policy changes to its employees. Most Emergency Messages issued in recent years have been labeled "Sensitive" and withheld from the public. This is inconsistent to the policy described by the Attorney General.

Electronics Records Exchange Extends To Virginia

From an IBM press release:

IBM (NYSE: IBM), MedVirginia and the U.S. Social Security Administration (SSA) today announced a first-of-a-kind electronic records exchange system to help speed the process of granting disability benefits for millions of Americans. ...

The project, part of the U.S. Department of Health and Human Services' Nationwide Health Information Network (NHIN) Cooperative, began just 14 months ago and represents the first health information exchange between a regional health information organization and a U.S. federal agency.

Refighting The New Deal

From a press release issued by Representative John Linder (R-GA), a member of the House Ways and Means Committee:

There is no question that this backlog is one we must work to fix. That said, in the long run, the more important concern, and what this hearing is really about, is the plummeting credibility of those who think that the Federal government can solve the problems of ordinary Americans. Too many of my Democrat colleagues think that anything that is wrong can be fixed by big government programs like SSDI and SSI. We are here today talking about why they are failing, but instead of learning a lesson about the failure of government-run welfare, the Majority party on this Committee will continue to push for big government programs; and they will fail.

You underfund an agency until it breaks down and is unable to adequately fulfill its mission. Then you use the agency's breakdown as justification for eliminating the agency. Makes sense if you really, really hate Social Security.

Representative Kevin Brady (R-TX), a member of the House Ways and Means Committee, has also issued a press release that talks about his participation in yesterday's hearing. The press release talks solely about fraud in the Social Security disability programs. He expresses no concern about poor service and huge backlogs at Social Security.

Congress Frustrated

From The Oregonian:

Despite an infusion of $148 million and attention at the highest levels, the Social Security Administration has made little progress reducing an enormous backlog of disability claims for the nation's sickest and most vulnerable people, a House subcommittee heard Tuesday. ...

The backlog has been reduced in some areas but has increased in others. ...

None of this sat well with lawmakers.

"Time after time we learn of severely ill individuals who face dire, even tragic circumstances while they endure lengthy waits, often extending three years or more, to receive desperately needed benefits," said Rep. John Tanner, D-Tenn., the subcommittee chairman. ...

Rep. Jim McDermott, D-Wash., a senior member of the Ways and Means Committee, said Congress is unhappy.

"The frustration is, we give them the money, why can't they fix it?"