Social Security Subcommittee Schedules Hearing

From a press release:

Congressman John S. Tanner (D-TN), Chairman, Subcommittee on Social Security of the Committee on Ways and Means, today announced a hearing on Clearing the Disability Claims Backlogs: The Social Security Administration’s Progress and New Challenges Arising From the Recession. The hearing will take place on Thursday, November 19, 2009 in Room B-318, Rayburn House Office Building, beginning at 1:30 p.m.

Social Security Subcommittee Calls For GAO Investigation Of Overpayments

From a press release issued by John Tanner, the Chairman of the House Social Security Subcommittee:

U. S. Rep. John Tanner, Chairman of the Ways and Means Subcommittee on Social Security, has asked the Government Accountability Office to investigate reports that the Social Security Administration (SSA) often makes payments to disability insurance beneficiaries long after these payments should have stopped. Congressman Sam Johnson, ranking Republican for the Subcommittee, joined Congressman Tanner in his request. ...

When Social Security disability beneficiaries return to work and earn beyond a certain threshold, SSA is supposed to stop their benefits. But reports from a range of sources – including advocates for disability beneficiaries and the SSA Inspector General – say that SSA often does not stop benefit payments in time. According to recent testimony before the Subcommittee on Social Security, even beneficiaries who properly inform SSA that they are working can receive large overpayments; in one case cited, a beneficiary who had reported his earnings promptly was still overpaid by almost $64,000. ...

In addition, advocates state that beneficiaries are often unaware that they are being paid in error until they receive a large bill from SSA for benefits they are then expected to repay.

Here is a link to the letter to GAO.

I have represented quite a number of clients who notified Social Security that they had gone back to work but who kept receiving checks from Social Security. I would be representing many more of these folks if the lack of back benefits did not force me to to demand my fee upfront to go into escrow. I wish more attorneys were willing to handle overpayment cases. Most are unwilling to fool with having to petition for approval of a fee. (By the way, Social Security could simplify this for everyone by setting a flat maximum fee for all overpayment cases. There is clear statutory authority for doing so.)

Veterans Day

ALJ Register Already Closed

The opportunity to apply to become an Administrative Law Judge (ALJ) has already closed. The announcement said that they would only take applications until midnight of the day upon which they received the 900th application. The announcement that the register was open came Monday at about 4:00 p.m. EST. They closed the register at 11:59 p.m. EST on Tuesday.

Good luck to all who applied. To those who thought they would do their applications on Veteran's Day, all I can say is that I am sorry but you were warned here that the register might not stay open that long.

Senator Wants Social Security To Accept VA Disability Ratings

From the Akron Beacon Journal:

U.S. Sen. Sherrod Brown hopes to improve access to benefits for more than 110,000 veterans in the region and 935,000 statewide.

Brown has introduced the Benefit Rating Acceleration for Veterans Entitlements (BRAVE) Act that would create a fast-track system for veterans with disabilities to quality for benefits from the U.S. Department of Veterans Affairs and Social Security Administration. ...

Brown's BRAVE Act would eliminate the lengthy eligibility process disabled veterans must undergo to receive full benefits from the VA and Social Security offices.

The BRAVE Act, Brown said, would require Social Security to accept eligibility requirements for any veteran who meets VA guidelines.

Veterans who receive compensation from the VA also would be fast-tracked in disability benefits processing.

Social Security Urged To Move To Open Platform Computing

From Federal Computer Week:

The Social Security Administration should replace its outdated mainframe computer with proprietary architecture and move to a more open platform, according to recommendations released in a white paper by the Computer & Communications Industry Association (CCIA). ...

CCIA commissioned the paper because the SSA’s Future Systems Technology Advisory Board is considering how to modernize the agency’s IT infrastructure. ...

The white paper alleges that the SSA’s systems are vulnerable because they are too reliant on outdated technology and a single supplier. A better structure for long-term accessibility would be systems available from multiple and competing sources, the paper said.

Another recommendation in the paper is for the SSA to use its buying power to insist that its current supplier for hardware, IBM Corp., work closer with hardware and software makers in the systems development life cycle.

An IBM spokesman said the CCIA’s membership includes many of IBM’s competitors, including Microsoft. “So it is hardly surprising when the CCIA makes an anti-IBM argument,” said Steve Eisenstadt, a spokesman for IBM.

There is a similar story on NextGov.

Regulatory Notices On Three Listings

Social Security posted Advanced Notice of Proposed Rulemaking in the Federal Register today on the listings for Genitourinary Disorders, Multiple Body Systems, and Skin Disorders. There is nothing of substance in these notices; just requests for comments and suggestions from members of the public.

Social Security Owes $160 Million To Massachusetts?

From the Boston Herald:

Massachusetts is owed $160 million from the federal government for a little-known Social Security policy that’s been erroneously overlooked for 35 years, according to Gov. Deval Patrick’s top health and human services adviser.

At issue is the way the Social Security Administration handles disability claims. Health and Human Services Secretary Bigby said the federal agency often declines applications for disability payouts on an applicant’s first attempt. However, if an applicant appeals the rejection, the state then covers health care costs for that person until the matter is resolved. If the applicant is ultimately approved, the SSA is supposed to reimburse the state for that interim coverage.

“We’re one of the first states that brought it to their attention,” Bigby said in a phone interview. “We are pushing for a mechanism to get that money back to the state.”

Noting the SSA has acknowledged the error, Bigby said U.S. Sen. Jay Rockefeller, Democrat of West Virginia, attempted to get a provision into the Senate’s national health reform bill that would reimburse Massachusetts and 30 other states.

“That measure was not accepted,” she said. “We just need the SSA to develop a methodology to pay us.”