How Plausible Does This Sound To You?

Some people with serious circulatory problems are told by their physicians to spend most of their time with their legs elevated about heart level. An attorney I know reports that recently he heard a vocational expert testify at his client's hearing that a person with such a limitation could perform the work of a cashier.

Does that sound plausible to you? Does it make you wonder if there is something fundamentally wrong with the vocational expert process at Social Security when such testimony is given with a straight face and then received by an Administrative Law Judge without apparent skepticism?

Waiting In Wisconsin -- And A Failure Of Leadership

From the Wisconsin State Journal:

A Wisconsin State Journal investigation found the thousands of claimants in the state have some of the longest waits in the nation. The investigation uncovered claimants who have lost a home and savings, saw a marriage deteriorate and even attempted suicide as they waited on a system that approved their claims only after years of suffering....

Even Social Security commissioner Michael Astrue calls the waits "inexcusable," saying efforts to address them are being complicated by the national economic downturn and the disabling medical problems of baby boomers that are making more people turn to the program.

And there is a companion piece giving stories of those forced to wait. And yet another companion piece about this:

State officials are holding fast to their plans to furlough workers who decide disability benefits claims, even though has some of the longest waits in the nation for decisions on such claims....

"This is a failure of leadership," Social Security commissioner Michael Astrue said of the furloughs byWisconsin and several other states.

And the La Crosse Tribune adds even more.

ALJ Has Blog

Administrative Law Judge (ALJ) Ed Pitts of St. Louis is posting on his St. Louis Sojourn blog about his work as an ALJ.

Skirting Disclosure Requirements

President Obama ordered that all agencies report each and every communication between any government agency and a lobbyist regarding expenditures under the economic stimulus bill. Despite this very explicit order, Social Security has reported no communications with any lobbyist regarding its very large expenditures under the economic stimulus bill. In fact, Pro Publica reports that almost no reports have been filed by any federal agency. How to explain this? Pro Publica reports that lobbyists are skirting the rules by assigning the lobbying to junior staffers and attorneys who are not registered lobbyists.

In my opinion, this ought to be stopped. President Obama should amend his order to require that reports be filed regardless of whether the contact is made by a registered lobbyist.

WIPA And PABSS Reauthorized

A press release from Social Security Commissioner Michael Astrue:

“I want to thank Congress and President Obama for the recent passage of the WIPA and PABSS Reauthorization Act of 2009. The bill extends funding authorization for the Work Incentives Planning and Assistance (WIPA) and the Protection and Advocacy for Beneficiaries of Social Security (PABSS) programs through fiscal year 2010.

There are currently 103 WIPA programs across the U.S. working with Social Security disability beneficiaries on job placement, benefits planning, and career development. With this vital support, beneficiaries are better equipped to make informed choices about work. The PABSS program provides much-needed advocacy services that help beneficiaries navigate through an often-confusing web of Employment Networks, Social Security rules, legal issues, and employment issues. I anticipate a continuing need and increased demand for both WIPA and PABSS services, and the extension of funding allows the opportunity to further evaluate these important programs.”

The bill did not contain any other matter such as the extension of withholding of attorney fees in SSI cases

Did The Introduction Of Social Security Lower The Suicide Rate?

From the National Bureau of Economic Research:

A large increase in the incomes of the elderly stemming from pre-Social Security social programs and the phase-in of the Social Security system has coincided with suicide rates for that group dropping 56 percent since 1930.

A Continuing Irritant

Click on the attached page to see it full size. It is a fax that I received from an experienced, helpful employee at a Field Office. I have cropped out anything showing the name or Social Security number of the claimant or the name of the Social Security employee or the office at which this employee works.

The problem is that I submitted a fee agreement on my client's case, but Social Security fouled up and did not enter this fact in their computer system. It was almost certainly not the employee who wrote this note who made the mistake. The employee is telling me that she will do what she can to correct the problem but that the personnel at the payment center probably will refuse to correct the mistake. Even though I did what I was supposed to do, I will be forced to do the extra work of filing a fee petition because of a mistake that Social Security made. There is also a good chance that my fee will be lowered, possibly dramatically because of a mistake made at Social Security. At best, there will be months of delay, again because of a mistake made not by me, but by someone at Social Security.

It is clear from the note that this is a problem that this Social Security employee has seen many times before. It is certainly a problem that I have seen many times before.

This is a continuing irritant. I wish that Social Security would give better service than this. One would think that someone paying a user fee would get better service than this, but, then, one would think that a citizen would get better service than this from their government even without a user fee.

Waiting In Utah

Fox News 13 in Utah is running a piece on Social Sacecurity disability backlogs in Utah.