Posthumously Conceived Children Give Social Security Fits

From Capato v. Commissioner of Social Security (3rd Cir. Jan. 4, 2011):

In August 1999, shortly after the Capatos‘ wedding in New Jersey, Mr. Capato was diagnosed with esophageal cancer, and was told that the chemotherapy he required might render him sterile. The Capatos, however, wanted children, and thus, before he began his course of chemotherapy, Mr. Capato deposited his semen in a sperm bank, where it was frozen and stored. ...

Mr. Capato‘s health deteriorated in 2001, and he died in Florida in March of 2002. ...

Shortly after Mr. Capato‘s death, Ms. Capato began in vitro fertilization using the frozen sperm of her husband. She conceived in January 2003 and gave birth to twins on September 23, 2003, eighteen months after Mr. Capato‘s death. ...

In October 2003, Ms. Capato applied for surviving child‘s insurance benefits on behalf of the twins based on her husband‘s earnings record. The Social Security Administration denied her claim ...

What is before us is a discrete set of circumstances and the narrow question posed by those circumstances: are the undisputed biological children of a deceased wage earner and his widow ―children within the meaning of the [Social Security] Act? The answer is a resounding ―Yes.

I think it is past time for Congress to get over whatever squeamishness it may have, address this issue and end the litigation.

House Republicans Name Social Security Subcommittee Members

The Republican members of the Subcommittee on Social Security of the House Ways and Means Committee, the most important Congressional committee for our purposes, have been announced.

• Rep. Sam Johnson (TX)
• Rep. Kevin Brady (TX)
• Rep. Pat Tiberi (OH)
• Rep. Aaron Schock (IL)
• Rep. Erik Paulsen (MN)
• Rep. Rick Berg (ND)
• Rep. Adrian Smith (NE)

Sam Johnson, picture here, is the chairman of the Subcommittee. Johnson proposed a Social Security "reform" package in 2005 that, basically, would have allowed Americans to opt out of Social Security. It is certainly a more detailed and workable plan than anything former President George W. Bush put forward but, still, it is very unlikely to move forward at any point in the future. I do not see that Johnson has been pushing this or any other plan in recent years. If his plan were adopted, I have no doubt that millions of foolish Americans would opt out of Social Security and would later become destitute rapidly once they became unable to work due to illness or age. I would call it a trap for regular viewers of Fox News.

Lieberman On Entitlement Reform

Since the beginning of last year, Trudy Lieberman has written dozens of pieces for the Columbia Journalism Review on "entitlement reform," particularly the effort to dramatically restructure Social Security. Her overarching theme is that this is an effort by the right wing to convince political elites that a dramatic restructuring of Social Security is inevitable and desirable even though virtually no one other than the extreme right and the political elites thinks this is a good idea and ever though a dramatic restructuring of Social Security is unnecessary. She has an important message.

E-Mail To Social Security Employees

A Message To All SSA And DDS Employees

Subject: Do Not Open Mail

We do not have complete information, but we want you to know that there have been two explosions in the mailrooms of two Maryland State government facilities. At this time, we cannot rule out the possibility of hazardous materials. While we have no reason to believe that our facilities have been targeted, in an abundance of caution, we are taking the following precautions. Effective immediately and until further notice, no one should open any mail, including packages. Managers have already issued specific instructions to mailrooms. All employees should be vigilant about any suspicious activity. If you see anything suspicious, immediately notify your supervisor and call 410-965-2222.

Michael J. Astrue

Commissioner

A Warning

From USA v. Rodriguez (11th Cir. Dec 27, 2010)

The main issue in this appeal is whether the prying by a former bureaucrat is criminal: that is, whether the defendant violated the Computer Fraud and Abuse Act, which prohibits “intentionally access[ing] a computer without authorization or exceed[ing] authorized access, and thereby obtain[ing] . . . information from any department or agency of the United States.” 18 U.S.C. § 1030(a)(2)(B). Roberto Rodriguez, a former employee of the Social Security Administration, appeals his conviction for violating the Act on the grounds that he did not exceed his authorized access to his former employer’s databases and that he did not use the information to further another crime or to gain financially. ... Rodriguez at trial admitted that he accessed information for nonbusiness reasons when he obtained personal identifying information, such as birth dates and home addresses, of 17 persons he knew or their relatives. Rodriguez also appeals his sentence of 12 months of imprisonment on the ground that it is unreasonable. Because the record establishes that Rodriguez exceeded his authorized access and the Act does not require proof that Rodriguez used the information to further another crime or to gain financially, we AFFIRM his conviction. We also conclude that Rodriguez’s sentence is reasonable.

New SSI Payment Rules

Social Security has adopted new final rules on dedicated accounts and installment payments for some past-due SSI benefits.

I Hope These Folks Are Just Being Paranoid

From The Hill:

Liberal groups say they are increasingly worried that President Obama will strike a deal with Republicans on Social Security reforms in exchange for a 'yes' vote on increasing the nation's debt ceiling. ...

Maria Freese of the National Committee to Preserve Social Security and Medicare said she thinks Social Security is "more at risk than it was in 2005,” when President George W. Bush proposed far-reaching changes to the program, including personal accounts. ...

“What I am really afraid of is another deal behind closed doors,” said Nancy Altman, the co-director of Social Security Works.

Can You Help?

I am going to bump this up since I still have not gotten anything I can use.

I am doing an article for the NC Advocates for Justice with the title "Social Security By The Numbers." There are a few numbers that I would like to include that I have not been able to find:

• The amount spent administering a large employer pension plan as a percent of benefits paid
  
• The amount spent administering a large long term disability (LTD) pension plan as a percent of benefits paid
• ALJ allowance rate at the most liberal hearing office in the country

Any help you can give will be appreciated. Links would be helpful.

I expect I will eventually post this article on this blog.