More On Las Vegas Shootings

From the Las Vegas Sun:

Johnny Lee Wicks, identified as the man who opened fire at the federal courthouse Monday morning in downtown Las Vegas, has been at odds with the federal government over Social Security benefits for about two years. ...

Wicks moved from California to Nevada in January 2008 and called the Social Security Administration’s Nevada office soon thereafter to change his address, according to an August 2009 report in the case by U.S. Magistrate Judge George Foley Jr.

Wicks likely was surprised and upset to learn that his Social Security benefits would be reduced due to the move because he would be losing a "California State Supplement’’ of $317 a month to his federal Social Security benefits. ...

Foley’s report shows Wicks had in-person meetings with a Social Security case manager at the agency office at 1250 S. Buffalo Drive as well as telephone and U.S. mail contact with the agency before filing his suit.

"Plaintiff met with (the case manager), who was allegedly disrespectful and told the plaintiff to move back to California,’’ Foley’s report says.

Things may have gotten worse in February 2008 when Wicks received a notice from the Nevada Social Security office that he had been overpaid $317 and asked him to repay the money and saying that, otherwise, it would withhold $63.70 per month beginning in May 2008.

The agency later found Wicks did not need to repay the overpaid $317, records show.

Nevertheless, Wicks filed his lawsuit alleging that in cutting his benefits, his civil rights were violated by the agency because of his race (black).

"Lots of state workers and agencies have taken part in this scam, mainly for old blacks who are not well educated,’’ Wicks charged in the lawsuit, in which he had no attorney and represented himself.

Probably, Mr. Wicks' psychiatric problems were too severe for any explanation or kindness to get through to him but this tragedy does underline the importance of good customer service even to claimants who are obviously deranged. Who knows how many similar incidents have been headed off by gentle, patient explanations?

Card Files At Social Security -- Late 1930s

Assault In Las Vegas Was Based On Social Security Dispute

From the Las Vegas Sun:

A man upset over losing a lawsuit regarding his Social Security benefits walked into the Lloyd D. George Federal Courthouse in downtown Las Vegas this morning, pulled a shotgun from beneath his jacket and opened fire, killing a court security officer. ...

While the investigation is still under way, the officials say the early evidence points to the man's anger over his benefits case as the motive for the shooting.

Press Release On California Decision

A press release from Social Security:

Michael J. Astrue, Commissioner of Social Security, issued the following statement regarding two recent decisions of the California Superior Court for the County of Alameda:

"When it comes to the furlough of state employees whose jobs are paid for by federal funds, California Superior Court Judge Frank Roesch ruled state officials have 'abused their discretion' and that 'such a policy is arbitrary, capricious and unlawful.' I could not agree more.

For more than a year, I have made the case that these furloughs cost states money, hurt their most vulnerable citizens, and harm hard-working civil servants. California’s furlough of Disability Determination Service (DDS) employees costs the state $849,000 per furlough day in administrative funding. More importantly, each furlough day results in a delay costing California’s disabled citizens over $420,000 in much-needed Social Security benefits. For the sake of the citizens of California, I call on Governor Schwarzenegger to reject his own failed policy and not appeal the court's ruling.

Social Security funds 100 percent of DDS employees’ salaries as well as all overhead costs -- about $2 billion nationwide this year. These funds cannot be used by the states for any other purpose, so states do not save a single penny by furloughing employees in the DDSs – they only slow getting benefits to the disabled, unduly harm its civil servants, and cost the state needed tax revenue. Nevertheless, about a dozen governors are imposing similar across-the-board hiring freezes or furloughs that also affect DDS employees. I sincerely hope Congress will use its oversight authority to investigate not just California, but the other states that are using -- or have used -- furloughs and hiring freezes for positions that are fully funded by the Social Security Administration and other federal agencies."

To read the entire decision in Service Employees International Union Local 1000, and Yvonne Walker v. Arnold Schwarzenegger, et al., click here.

To read the entire decision in Union of American Physicians and Dentists v. Arnold Schwarzenegger, et al., click here.

To read the California state report, click here.

To read a letter from Vice President Biden to the Governors, click here.

What gets me is that the reason given for refusing to exempt state employees whose salaries are not paid for by state money is that state employees who were not exempted from the furlough would get angry yet state employee unions are suing to get some employees exempted from the furlough even though those unions presumably represent employees who would not be exempted from the furlough. I would like to put this all down to the fact that the nuttiness of California politics but much the same thing is happening in several other states.

Field Office Experience With Social Security Verification Of Citizenship

It sounds bizarre to me and probably to many of my readers but Social Security records are being used more and more as a means of verifying citizenship. As an example, Social Security has just put out an Emergency Message to its staff concerning inquiries from the public occasioned by the use of Social Security records to verify citizenship for purposes of Medicaid and the S-CHIP program.

My concerns with this are that the Social Security records were not set up as a means of verifying citizenship and that the Social Security Administration may lack adequate staff to deal with the inquiries and problems resulting from the inevitable errors in these records.

I would be interested in hearing how this is going from those who work in the field offices. How many inquiries are you getting? Is it a major part of your workload? Are the people making the inquiries upset, even desperate? How long is it taking to resolve problems? Is this is a big and growing problem or something Social Security can take in stride?

Most Popular Stories Of 2009

Here is the top ten list of most popular stories on Social Security News in 2009, many of which are actually stories from prior years:

1. $250 Economic Stimulus Payment Questions And Answers
2. Stimulus Bill Payment To Social Security Recipients Down To $250
3. List Of New ALJs (2008)
4. New ALJ Forum (2007)
5. Economic Stimulus Bill Has $900 Million For Social Security And Bonus For SSI Recipients
6. Federal Employee Salaries
7. Binder and Binder Lawsuit (2008)
8. More Deflation -- COLA Consequences? (2008)
9. Payment Center Direct Contact (2007)
10. I Had Noticed ...

No, I don't understand why some of these were so popular.

First Claim For Disability "Freeze" Taken On This Date In 1955

According to Social Security's history office, "This photo shows the first disability freeze application being taken in the Wheeling, West Virginia office on January 2, 1955. The applicant (left) is Mr. William Calvin King. The claim is being taken by the local Social Security office manager, Edgar Allen Poe (no foolin'!)." The earnings record "freeze", or period of disability to be technically correct, was enacted two years before cash disability benefits.

California Court Enjoins Furloughs

I was not expecting there to be news about Social Security on New Year's Day, but there is. State budget problems have become a major headache for Social Security. States are furloughing employees and imposing hiring freezes. These actions usually affect the state disability determination agencies that make determinations on Social Security disability cases at the initial and reconsideration levels. This is happening even though the furloughs and hiring freezes do nothing to help state budgets since all salaries and costs associated with the disability determination agencies are picked up by the federal government. State governors seem to believe that the fair thing is to treat all their employees the same.

The state that has the worst budget problems is California. It was had the worst furloughs of state employees, including disability determination emploees. This has had a dramatic effect upon disability determination in that most populous of all states.

One response to this mess has been litigation. Social Security did not start this litigation but has filed a "Statement of Interest" with the California court. It is extremely unusual for any federal agency to take an official position in a case pending in a state court other than to file papers to remove a case to federal court or to assert that a state court lacks authority to compel the federal agency to do anything. The Los Angeles Times reports on what happened yesterday in that litigation:

An Alameda County Superior Court judge Thursday ordered Gov. Arnold Schwarzenegger to halt thrice-monthly furloughs for tens of thousands of state workers, saying the administration overstepped its authority in approving the unpaid days off. ...

He said that the governor's use of furloughs was an "abuse of discretion" and that he "violated a mandatory duty to take into account the agencies' varying needs before reducing workplace hours."

The governor plans to appeal Roesch's decision and noted that the order blocking the furloughs would be stayed until the appeal is ruled on, said Aaron McLear, a spokesman for Schwarzenegger.