OMB Approval Requested For Dispensing With Expert Opinions In Fully Favorable Disability Determinations

Social Security has just requested the approval of the Office of Management and Budget (OMB), which is part of the White House for new regulations which would "... permit disability examiners in our State agencies to make fully favorable determinations without requiring the input of a medical or psychological consultant in certain claims for disability benefits ..."

New Regs Coming On Setting Time And Place For Hearings -- For Three Years

Social Security has filed new final regulations to be published in the Federal Register tomorrow that will state that Social Security "is responsible for setting the time and place for a hearing before an administrative law judge (ALJ). This change creates a 3-year pilot program that will allow us to test this new authority."

Michael Astrue's term as Commissioner of Social Security will end before this three year time period expires.

Movivg Ahead On Occupational Information System

From a notice posted on FedBizOpps.gov:

The Social Security Administration (SSA) has a need to acquire expert services in the field of Industrial Organizational (I/O) psychology or an equivalent field to develop a prototype work-side instrument for the purpose of conducting analyses of work that exists in the national economy. ... The size standard is $7M. This procurement is a 100% small business set aside. SSA anticipates awarding one (1) firm fixed price contract for this effort. The period of performance shall be for 6 months from date of award. It is anticipated that the Request for Quotation (RFQ) will be issued on or about July 7, 2010.

This is the sort of thing that makes it obvious that Social Security plans to go ahead with its own occupational information system. The advisory committee and the request for public comments are little more than window dressing.

Administrative Law Matters

While I am a Social Security law specialist, in a more general sense I practice administrative law and I do so proudly since America has the most advanced system of administrative law in the world. Few nations can boast of anything approaching the Administrative Procedure Act. The Freedom of Information Act and the Privacy Act are important components of our system of administrative law and models for the world. Even the seldom noticed Paperwork Reduction Act is an important bulwark against bureaucratic overreaching. Does this sort of thing matter to anyone other than bureaucrats and drudges like me? Take a look at what happened in India after it adopted a freedom of information act.

Fireworks For The Fourth -- Remember Those Who Serve

Tip Of The Hat To The Oregonian

Trudy Lieberman of the Columbia Journalism Review gives The Oregonian a "tip of the hat" for its article on the plight of those who have been approved for Social Security disability benefits but who face a two and a half year wait for Medicare benefits. Well deserved.

Hiring Freeze

An e-mail message to Social Security employees:

From: ^Commissioner Broadcast
Sent: Friday, July 02, 2010 11:57 AM
To: Undisclosed recipients
Subject: COMMISSIONER'S BROADCAST--07/02/10
A Message To All SSA And DDS Employees

Subject: FY 2011 Budget Update

I want to update you on the status of our fiscal year (FY) 2011 budget request. It is likely that Congress will not pass our FY 2011 budget by October 1, and we will begin FY 2011 operating under a continuing resolution (CR). The CR will severely limit our spending to a prorated share of our FY 2010 appropriation.

A CR is always disruptive, but will be particularly difficult in FY 2011. For the last two years, we have had an extra $500 million in Recovery Act funding available in addition to our regular annual appropriations. The combination of these two funding sources has allowed us to hire aggressively and work overtime to reduce our disability backlogs, handle increasing claims, and better serve the American public. Under a CR in FY 2011, we will have less funding than under recent CRs to support our higher staffing level because we are not permitted to include the Recovery Act funding as part of our previous year baseline.

Due to this anticipated drop in funding, we must begin preparing for a CR now. Effective immediately, all headquarters and regional office staff components will be in a full hiring freeze. Beginning on October 1 and continuing through the first quarter of FY 2011, our operational components, including the State Disability Determination Services, will only be allowed to replace staffing losses. We will not reduce overtime during the first quarter. However, to fund overtime and this minimal staffing replacement, we must defer any additional hiring and all other costs that are not critically essential to keeping our doors open.

The additional funding we’ve received in the past three years has allowed us to make great strides, and I am proud of our many accomplishments. For 18 straight months, we have reduced the hearings backlog by over 74,000 cases, despite increased applications. At the same time, we have eliminated nearly four months of waiting time for hundreds of thousands of Americans awaiting hearings. In addition, we have improved service across the agency. DDS accuracy and productivity remain high, despite the destructive and unnecessary furloughs and staffing restrictions imposed by some states. We have increased our CDRs and redeterminations, which have resulted in a significant increase in SSI payment accuracy. We have reduced our waiting times in field offices and on the 800 number. In fact, we are answering our 800 number calls faster than any time in nearly a decade. I know the American people appreciate your hard work and dedication.

While we must make steep cuts in our spending, I will do what I can to minimize the disruption to our positive momentum. This plan is a temporary measure that we cannot sustain beyond December; I am hopeful that the CR will end before we have to take more drastic measures. Our services are vital to the financial stability of millions of Americans, and you can be sure I will be doing everything possible to persuade Congress to approve the critical funding that the President has requested for us.

Michael J. Astrue
Commissioner

Problem With E-Mail Subscriptions

Readers can subscribe to this blog by e-mail. Over the years, the e-mail subscriptions have worked quite well. Unfortunately, there is some problem at the moment. None of the posts yesterday or today has gone out by e-mail. I am trying to solve the problem but for now, do not rely upon e-mail to read this blog.

The problem is that most of the e-mail subscribers will not read this post. They will think the blog has been inactive because of the impending holiday.