OIG Says ODAR Will Meet Its Goals -- If ...

From a recent report by Social Security's Office of Inspector General (OIG):

At the end of May 2009, over 750,000 hearings were pending in ODAR [Office of Disability Adjudication and Review], and the average processing time was 494 days. As outlined in its Fiscal Year (FY) 2008 2013 Strategic Plan, the Social Security Administration (SSA) plans to reduce the number of pending hearings to a desired level of 466,000 and the average processing time to 270 days by FY 2013. According to SSA, a pending level of 466,000 hearings ensures a sufficient number of cases to maximize the efficiency of the hearings process.

The Acting Deputy Commissioner of SSA asked that we evaluate the impact of ODAR's current MI [Management Information] and ODAR's proposals on its ability to reduce the backlog to the desired pending level. To address his request, we examined the workload ODAR would need to complete to process projected hearing requests and reduce the backlog to the desired pending level by FY 2013; identified MI currently available for officials to manage ODAR's workload, any reported shortfalls in available MI, and any reported shortfalls in the use of the MI to manage effectively; and reviewed ODAR's proposals, along with their potential impact on (1) addressing any shortfalls in ODAR's existing MI and (2) the likelihood SSA will meet its goal of reducing the backlog to the desired pending level by FY 2013. ...

Regardless of whether the FY 2010 proposals are approved, it appears SSA will achieve the desired pending hearings level by FY 2013 based on the currently projected level of receipts. Specifically, if SSA follows its current administrative law judge (ALJ) hiring plan and the current average ALJ productivity level remains constant, ODAR's pending hearing level should fall below 466,000. However, the timing of ALJ hiring will impact ODAR's ability to achieve this desired pending level. Therefore, SSA should continue to work with the Office of Personnel Management (OPM) to ensure ALJs are hired within the planned time frames.

Note that the goals can be achieved if Social Security's current projections of future receipts are accurate. However, we know that those projections are wildly inaccurate. Social Security is seeing a flood of new disability claims. Even if the projections are accurate, the backlog condition that Social Security is seeking to achieve, nine months, is far worse than what Social Security used to find acceptable.

WIPA Bill Passes House

From the Capitol Insider put out by the Disability Policy Collaboration:

On July 28, the House of Representatives passed the WIPA and PABSS Reauthorization Act of 2009, H.R. 3325, which was introduced by House Ways and Means Social Security Subcommittee Chairman John Tanner (D-TN) and Income Security Subcommittee Chairman Jim McDermott (D-WA). The bill amends the Social Security Act to extend through Fiscal Year 2010 the authorization of appropriations for the Work Incentives Planning and Assistance (WIPA) and the Protection and Advocacy for Beneficiaries of Social Security (PABSS) programs. The WIPA and PABSS programs were established by the Ticket to Work and Work Incentives Improvement Act to assist Supplemental Security Income (SSI) and Social Security disability program beneficiaries with information about existing work incentives, benefits planning, and decisions about work and providing advocacy that beneficiaries may need to secure, regain, or maintain gainful employment.

Remember, authorizing an appropriation is not the same thing as appropriating money. Authorization has to come before money is actually appropriated, but authorization does not actually give an agency any money.

Hearing Backlog Reduction Update Booklets

The Social Security Administration has produced a series of booklets, one for just about every state, showing the state of the backlog of requests for hearing for each state. The booklets discuss efforts to reduce the backlog, both nationally and at the state level.

Social Security Seeks OMB Approval For Three Final Rules

All federal agencies must obtain the approval of the Office of Management and Budget (OMB), which is part of the White House, before posting either proposed or final regulations in the Federal Register. Social Security has just submitted three final regulations to OMB for approval. One would update the Malignant Neoplastic disease -- or cancer -- listings, another would allow benefit payments to people living in Viet Nam and Cambodia and the third would:

... revise our rules regarding payment of representative fees to allow representatives, in certain cases, to charge and receive a fee for their services from certain third parties without requiring our approval. We also plan to eliminate the requirement that we approve fees for legal guardians or court-appointed representatives providing representational services in claims before us if a court has already authorized their fees. Lastly, we plan to define "legal guardians or court-appointed representatives."

These are the first regulations of any substance that Social Security has submitted to OMB since the inauguration.

How Many Of You Knew About This?

From the Lufkin Daily News:

People who use social networking websites know that it can be exciting to reconnect with long lost friends and relatives over the Internet. Such surprise connections can be fun and conjure up memories of times forgotten. But what if you have a more serious situation and you need to locate a particular person? Perhaps Social Security can help.

Social Security is in the business of paying benefits, not reconnecting people. But, in some cases, we will do what we can to help.

We will attempt to forward a letter to a missing person under circumstances involving a matter of great importance, such as a death or serious illness in the missing person's immediate family, or a sizeable amount of money that is due the missing person. Also, the circumstances must concern a matter about which the missing person is unaware and would undoubtedly want to be informed.

In less dire cases, such as when a son, daughter, brother or sister want to establish contact, we will write to the missing person, rather than forwarding a letter.

Because this service is not related in any way to a Social Security program, its use must be limited so that it does not interfere with our regular program activities.

There is no charge for forwarding letters that have a humanitarian purpose. However, we must charge a $25 fee to cover our costs when the letter is to inform the missing person of money or property due. This fee is not refundable. The fee should be paid by a check made payable to the Social Security Administration.

We must read each letter we forward to ensure that it contains nothing that could prove embarrassing to the missing person if read by a third party. Letters should be in plain, unstamped, unsealed envelopes showing only the missing person's name. Nothing of value should be enclosed.

To try to locate an address in our records, we'll need the missing person's Social Security number or identifying information such as date and place of birth, father's name, and the mother's full birth name.

Unless a missing person is receiving benefits under a program Social Security administers, we would not have a home address for them. Usually, we forward a letter in care of the employer who most recently reported earnings for the person.

Requests for letter forwarding should be sent to: Social Security Administration, Letter Forwarding, P.O. Box 33022, Baltimore, MD 21290-3022.

Learn more about this service at www.socialsecurity.gov/foia/html/ltrfwding.htm.

Daniel Bowline is district manager for the Social Security Administration in Lufkin.

FICA Receipts Down

The Associated Press is reporting that FICA tax receipts are down so far this year. The decrease is small, less than 1%, but an increase had been projected. This moves up the date upon which Social Security will start paying out more than it takes in, perhaps to 2013.

Social Security Had It All Planned For The Occupational Information Panel

Social Security's Occupational Information Development Advisory Panel has been meeting since February working on the issue of what Social Security should do about the obsolete Dictionary of Occupational Titles, a key component in determining disability at Social Security.

The minutes of the first meeting of the Panel held in February have been released. They demonstrate that Social Security already had a good idea of what it wanted. Indeed, you have to wonder whether the Panel was set up merely to validate what Social Security already planned to do.

Here are some excerpts (emphasis added):

Richard Balkus, Associate Commissioner, Office of Program Development and Research, Social Security Administration

Associate Commissioner Balkus described updating occupational data as a long-recognized need for our Social Security Disability Insurance program and our Supplemental Security Income Program and the goal of developing the parameters for the content model for the Occupational Information System. He reiterated the expectation that by the end of September, the Panel would provide direction in terms of how we approach the development of a classification system for a new occupational information system designed specifically for use in SSA’s disability programs. ...

Associate Commissioner Richard Balkus informed the Panel that SSA will undertake a research project of a national sample using electronic folders to examine cases decided at the initial and hearings levels. SSA will capture the DOT title and identify how that job was identified by the applicant. SSA will also evaluate the RFC [Residual Functional Capacity] and MRFC [Mental RFC] process used in the decision. ...

Sylvia Karman, Panel Member and Project Director, Occupational Information Development Project, Office of Program Development, Social Security Administration

Sylvia Karman discussed short term and long term plans for replacing the DOT. The short term efforts consist of two projects--one for a contract that involves a private sector DOT formatted occupational software and a second contract for an independent evaluation of the software product to determine if it can be used in SSA’s disability program. The long-term project involves developing an integrated Occupational Information System. "System," really means a classification. This will include an ongoing process to update occupational information and keep SSA’s policy current. SSA will use an integrated approach which means it will not rely on just one approach in data collection or one approach in terms of measurement. SSA will use outreach with the Occupation Information System Development (OISD) workgroup; private sector professional associations that are stakeholders; and the OIDAP FACA panel. Plans for the long-term include development of a content model and the initial classification of job demands. SSA will also test the data collection instruments used in the new system. SSA will also conduct a study to evaluate occupations that SSA claimants are currently performing. SSA will then formulate policy to incorporate the new system into SSA’s processes. ...

After much discussion, the Panel identified six broad categories for the content model that could apply to the work and person side: Physical; Cognitive; Behavioral; Environmental/Contextual/Work Site; Perceptual/Sensory; and, Skills.

Social Security is only giving the Panel seven months? Social Security had already planned two major projects for replacing the DOT before the Panel ever started meeting? What impact can this Panel have on what Social Security does? This is not how I thought Advisory Committees worked, but maybe I was just naive.

Half A Million Using Treasury Direct

From what is labeled as a Department of the Treasury press release, but which sounds like it comes from Comerica Bank:

One year after introducing a low-cost prepaid debit card option for Social Security check recipients, the U.S. Department of the Treasury's Financial Management Service (FMS) reports that more than half a million Americans have signed up for the Direct Express® Debit MasterCard®. According to a new survey of cardholders, 95 percent say they are satisfied with the card and 86 percent say they would recommend it to family members or friends who receive a federal benefit payment. ...

Treasury's financial agent - Dallas-based Comerica Bank - issues this nationally available card exclusively for payment of federal Social Security benefits. Americans currently receiving Social Security or SSI checks may sign up for the card by calling toll-free 1-877-212-9991, visiting www.USDirectExpress.com or talking to their local Social Security office.