From The NOSSCR Conference -- I

Today was the first full day of the National Organization of Social Security Claimants Representative' (NOSSCR) semi-annual conference. More than 1,200 people were present at the Marriott Magic Mile in Chicago.

The day started with the annual Eileen Sweeney Public Service award, which this year went to David Traver and to me. David is well deserving of his award. He has maintained the SSAS Connect Board for many, many years. It is a vital resource in the Social Security world.

I am deeply grateful for my award. I have been involved with NOSSCR since 1979, the year it began and the year that I entered private law practice. I have gotten far more out of my involvement in NOSSCR than I ever put in. It is especially satisfying to receive an award named after Eileen Sweeney. She was a great woman who had an incredible impact on the world. I wish she could have lived longer.

Why?

Social Security has just withdrawn a proposed amendment to its regulations that would have made permanent the authority of some of its senior attorneys to issue fully favorable decisions on appeals of disability claims.

Problems At The Appeals Council

An e-mail I received from a legal assistant at my firm:

No surprise, but just received this from Barbara Hunt, Chief, Congressional and Public Affairs Branch [at the Appeals Council]:

“The Council has received an unprecedented number of requests for review and as a result, is experiencing lengthy delays in the processing of its cases. Although the average processing time for the Council is about 13 months, it is not unusual to find delays of about 30 months”

I have found that they are only answering the phones in the morning. The afternoon calls go to a “general mailbox” which, from my experience, is equivalent to a black hole. I have yet to get a call back from messages left there.

Senate Hearing On LTD

The Senate Finance Committee has scheduled a hearing for September 28 to investigate the question Do Private Long-Term Disability Policies Provide the Protection They Promise? David Rust, Social Security's Deputy Commissioner for Retirement and Disability Policy is scheduled to testify. Mary DeBofsky, a Chicago attorney who represents long term disability claimants will also testify.

Lots Of Pain For No Gain

An Op Ed piece appearing in the Los Angeles Times, written by Michael Astrue, Commissioner of Social Security, and Yvonne Walker, president of The Service Employees International Union (SEIU), which represents employees of the California Disability Determination Services Department:

Gov. Arnold Schwarzenegger may have a cameo role in a current film, but the real "Expendables" appear to be disabled Californians, the state employees who make disability decisions for the Social Security Administration and the federal dollars he is throwing away. Long before he was governor, bodybuilder Schwarzenegger lived by the motto "No pain, no gain." However, as California's chief executive, his policy of furloughing even those state employees whose salaries are federally funded has given rise to a new axiom: "Lots of pain for no gain."

Social Security pays 100% of the salaries and overhead for workers in California's Disability Determination Services Division (DDSD) — bringing in more than $211 million a year to the state. These employees make medical determinations for Social Security payments. As a direct result of their work, each month Social Security pays $1.3 billion in disability benefits to more than 1.3 million California residents.

Furloughing DDSD employees does not save California a single penny. It has done nothing to reduce the $19-billion general fund deficit. Instead, the state loses the federal funds allocated for the DDSD. Most tragically, it imposes a financial burden on California's disabled citizens by delaying millions of dollars in federal disability benefits and medical coverage to those in need.

To meet the needs of California residents, the Social Security Administration is redirecting thousands of backlogged California cases to Arkansas, Oklahoma and Texas. The cost of processing such cases will total millions of dollars — federal dollars that would have gone to California, had the governor chosen to exempt the DDSD workers from furloughs.

"Not Something The State Foresaw"

From the Charleston, WV Daily Mail:

Several thousand low-income West Virginia children who are also blind or disabled could see a one-month reduction in their federal disability benefits, the result of a decision by the state Department of Health and Human Resources.

Faced with a deadline for using millions of dollars in one-time federal stimulus funds, the department decided to send tens of thousands of children $250 extra for school clothes and supplies.

The Social Security Administration at this point views those checks as income.

In West Virginia, about 9,300 low-income blind or disabled children received Social Security Income benefits.

Because the receipt of those benefits is based on income level, any extra money the children receive - including the money from the state for school clothes - causes a reduction in the amount the children receive from the federal Supplemental Security Insurance program.

"It's reducing (SSI) dollar-for-dollar based on the amount of money they get (from the state)," Robert Jeffries, a spokesman for the Charleston field office of the Social Security Administration, said Monday. ...

Doug Robinson, deputy commissioner of the state DHHR's Bureau of Children and Families, said the SSI reduction was not something the state foresaw when it decided to send out the $250 checks. He called the federal standards "unfortunate."

Is There An App For This?

A subcommittee of Social Security's Future Systems Technology Panel has recently released a report calling, in effect, for an end to Social Security field office services. The report says that Social Security claimants can do their business with Social Security over the internet, perhaps using their cell phones. The benighted claimant who needs in person help can go to some office staffed with people who also help with federal tax matters, immigration matters, etc. or perhaps they can go to their local library for help.

I thought I would pull up a list of changes made just last month to Social Security's primary staff manual, POMS, to give an idea of the sort of issues that this subcommittee thinks your local librarian can help you with. Remember that the whole manual is vastly larger than this list of recent changes.

GN 03910 TN 10	0/30/2010	Representation of Claimants
DI 13005 TN 7	08/26/2010	Medical Issues
GN 02410 TN 29	08/25/2010	Assignment, Levy, Garnishment
RM 00201 TN 24	08/25/2010	The Social Security Number (SSN)
OS 15025 TN 3	08/23/2010	Office of Program Development and Research (OPDR) Responsibility
DI 70010 TN 3	08/20/2010	Field Office (FO) Procedures
DI 25235 TN 2	08/19/2010	Case Processing Instructions for Title XVI Child Claims
RS 02101 TN 7	08/18/2010	Employer - Employee Relationship - Policies and Procedures
GN 02820 TN 11	08/16/2010	American Recovery and Reinvestment Act of 2009
SL 60001 TN 3	08/16/2010	Employment
GN 02608 TN 24	08/12/2010	Government Pension Offset
GN 02613 TN 11	08/11/2010	Title II Fugitive Felons and Parole and Probation Violators
OS 15010 TN 10	08/10/2010	Office of Income Security Programs (OISP) Responsibility
DI 20503 TN 8	08/10/2010	Essential Claims Folder Material
RM 10210 TN 8	08/06/2010	SSN Evidence Requirements
DI 34222 BASIC	08/02/2010	Obsolete Special Senses Part B Listings 01/06/86 to 07/08
DI 34122 BASIC	08/02/2010	Obsolete Versions of Part A, the Listing of Impairments
DI 34005 TN 12	08/02/2010	Listings of Impairments - Current Part B Listing
DI 34001 TN 13	08/02/2010	Current - Part A Listing
DI 81020 TN 6	07/29/2010	DDS Procedures - Electronic Process
DI 70005 TN 5	07/29/2010	Modular Disability Folder
GN 00504 TN 16	07/27/2010	Suspension for Payee Development and Other Payee Actions
SI 00820 TN 53	07/27/2010	Earned Income
DI 81010 TN 9	07/26/2010	FO Procedures - Electronic Process

The Baby Boomer Claims Rush Is A Come As You Are Party

A panel appointed to review Social Security's future technology needs is wringing its hands about how the Social Security Administration is going to handle the crushing workload that will arrive when baby boomers begin retiring en masse.

In my opinion that is a naive concern. Retirement claims require little effort at Social Security. The agency's employees mostly spend their time working on claims filed by people who are not yet eligible for retirement benefits -- disability and survivor claims. Unlike retirement claims these take staff time. Disability and survivor claims go up as the population ages but the baby boomer peak for these claims has to be several years before the peak for retirement claims.

Has anyone at Social Security figured out when its baby boomer peak workload will actually arrive? I am guessing it will come in the next five years but there have to be people at Social Security whose job it is to project the agency's future staffing needs. When do they think the peak will arrive?

This matters because the upcoming wave of baby boomer retirements is being used as justification for long term technology project recommendations. Social Security needs long term technology planning but it is too late for any long term initiative to help with the baby boomer peak workload. That peak is is nearly here.