A Technical Question

Would it be possible for a hearing office at Social Security to enter a decision in Social Security's computer system as having been made when no decision has actually been issued? Could that computer entry cause payment of benefits? Is it conceivable that a hearing office could delay issuing a written decision -- either an allowance or a denial -- for months after entry of a notation in Social Security's computer system that a decision had been made? Who would be responsible if such a thing happened? Who would know about it?

Addendum: How can I receive a fee check (not direct deposit) on November 23 on an Administrative Law Judge decision that bears the date on its face of November 17 unless that decision was implemented without an electronic signature?

Reaction To Delaware Story

The News Journal of Delaware has a story up on the reaction of local politicians to the newpapers' series of stories on the Social Security disability program. Needless to say, they are not pleased.

Dangerous Spam Campaign

From the University of Alabama at Birmingham:

A new spam campaign using false e-mails made to look like messages from the Social Security Administration is capable of stealing Social Security numbers and downloading malware onto victims’ home computers, says Gary Warner, director of computer forensics at the University of Alabama at Birmingham (UAB).

The campaign was discovered Nov. 23 by Warner and his team in the UAB Spam Data Mine. ...

The spam messages tell users that there are errors with their Social Security statement then asks them to link to false pages made to look like the Social Security Administration Web site. Warner says the false pages ask users to enter their Social Security numbers before prompting them to download their fake statement.

“The reality is that the download is actually a virus capable of stealing personal information, including bank passwords, from home computers,” Warner says. “So once you have completed the login and download, the cyber criminals not only have your Social Security number, they also have infected your computer with serious malware that enables them to steal information and raid your bank and other accounts.”

A Good Comment

Below is a comment made about the allegation that disability claims dismissed for failure to cooperate had gone up to 30% at one California Disability Determination Service (DDS) office. In one sense, the writer is a little confused. No one is alleging that the number of dismissals went up because of any change at Social Security field offices. The allegation is that changes were made at a DDS office, but that is a quibble. In a larger sense this comment helps explain how what is alleged could happen. Many Social Security claimants need a lot of help. Many of them are frustrating to deal with. It is not easy to say where one should draw the line and say "I've done as much as I should reasonably be expected to do. Either start cooperating or your case is going to get dismissed." When employees are overworked, whether at DDS or a Social Security field office, the line is likely to be drawn at a different place than would be the case if the workloads were more reasonable. As a nation, I think we ought to be encouraging Social Security and DDS employees to go the extra mile and give a lot of help to claimants with cognitive or psychiatric difficulties, but we cannot expect them to do so if they are badly overworked.

Social Security claims reps and service reps are not social workers. Not trained as social workers, not in their job description. And many of the SSI clientele need someone to hold their hands and help them through the process, but some people are just not willing to help themselves. Just this week, I had two cases where the parent had made two appointments to file claims for either two children or themselves and a child. Our appointment calendar is so solidly booked that these appointments were pushed about a month after request. So, our office set aside 3 hours to do what was necessary to file two claims. Both parents cancelled the appointments the same day because they weren't ready after about a month lead time. How much hand holding is SSA supposed to do? The parent is the best source of knowledge, but was unwilling to put forth any effort to file the claim. The parent did not make it a priority and that is just not the fault of SSA. It is very difficult to help people who don't want to do anything to help themselves. I shouldn't care more about the outcome of a claim more than the claimant does. I would really prefer to spend my limited work hours processing claims for people who do manage to complete forms in a reasonable amount of time and who do make a reasonable effort to provide answers to the questions asked.

However, I do believe strongly in due process and applying the regulations without shortcuts and providing assistance as it is needed. To hell with processing time in some claims. But I cannot complete the ADL's on anyone without their assistance. I don't know their lives. They do.

If Astrue truly cared about correcting bad "failure to cooperate" denials, he needs to implement more accountability across the board for technical errors and provide more staff to do the work. Without staff, the backlog will grow. I still think he is using this issue as a bully pulpit to get Schwarzeneggar to back down on his ridiculous furlough of DDS employees. So, I hope he takes a close look at all shortcuts taken by SSA employees. And find a way to properly staff the agency. Automation is not the only answer.

Mental Health Professionals And SSI Benefits For Kids

From a press release:

HealthForumOnline (HFO) announces a new online continuing education (CE/CEU) course, Children's Mental Health Social Security Disability (SSD) Report Writing: A Guide to Enhanced Effectiveness ... This online CE course presents relevant components of commonly alleged Disability impairments for children (Organic Disorders, Mood Disorders, Mental Retardation, Anxiety Disorders, Autistic/PDD, and ADHD) and provides an understanding of how child mental health SSD determinations are made, the instrumental legal decision which established children's right to SSD payments, the associated language and acronyms, the regulations governing mental health disability and how to write effective reports that meet these regulatory standards. ...

HealthForumOnline (HFO), a nationally-approved (APA, ASWB, NBCC, PSNA, CA-BBS) provider of online continuing education (CE) for psychologists, social workers, counselors, nurses and other allied healthcare professionals ...

The online course is the product of Patricia Farrell, Ph.D.

The Human Cost Of Backlogs

The News Journal of Delaware is continuing its series of articles on the hearing backlogs at Social Security. Today's articles are:

• Social Security disability claim denials haunt some Delaware residents to death's door
• Delaware woman fears Social Security disability judge is 'just waiting for me to die'

I wish I could say I was shocked by what I read in this newspaper, but I have many, many clients of my own whose stories are at least as bad as those presented in these articles.

Here is my post on the earlier articles.

Addendum: There is also an editorial.

Something's Missing

Social Security has sent over to the Office of Federal Register a list of new regulations that it has proposed in the past which it is now officially abandoning. This list will appear in the Federal Register tomorrow:

• Supplemental Security Income for the Aged, Blind, and Disabled; Suspensions, Terminations, and Advance Notice of Unfavorable Determination (51 FR 17057, May 8, 1986) (SSA-31P).
• Disability Insurance and Supplemental Security Income; Nonpayment Policy for Consultative Examination Appointments That Are Not Kept (53 FR 39487, October 7, 1988) (SSA-181P).
• Reduction for Receipt of Government Pension (54 FR 51036, December 12, 1989) (SSA-188P).
• Supplemental Security Income for the Aged, Blind, and Disabled (55 FR 33922, August 20, 1990) (SSA-180P).
• Disability Insurance and Supplemental Security Income for the Aged, Blind, and Disabled; Determinations of Disability--Determining State Agency Substantial Failure to Comply with Federal Rules (56 FR 11025, March 14, 1991) (SSA-206P).
• Administrative Review Process; Prehearing and Posthearing Conferences (65 FR 38796, June 22, 2000) (SSA-778P).
• New Disability Claims Process (66 FR 5494, January 19, 2001) (SSA-816P).

I do not see on here the proposal to increase the age categories in the grid regulations by two years. Why is that proposal not listed? In theory that regulations could be adopted without any additional public input and with only 30 days notice. It would require approval of the Office of Management and Budget (OMB), which is part of the White House, which means it is not likely to happen while Barack Obama is President. Does the Commissioner actually think there is some possibility of going ahead with that at some later time?

Update: What would I do without readers to help me? The proposed age regulations were withdrawn earlier.

Dismissing Up To 30% Of Claims On Failure To Cooperate

From reading some of the comments I have received about the allegations that the California and Hawaii Disability Determination Services (DDS) have been looking for ways to get rid of disability claims they are supposed to review, I wonder if some of my readers understand the gravity of what is alleged. The allegation is that up to 30% of disability claims have been dismissed because of the claimants' alleged failure to cooperate.

This is only an allegation. The allegation is only that "one office" in California had the 30% dismissal figure. Still, in my mind, this is a very serious allegation.