Japan's Crisis And U.S. Social Security

There may be tens of thousands dead or severely injured in Japan and many more who have been forced to evacuate their homes. Undoubtedly, there are a good number of people who are or were eligible for U.S. Social Security benefits so affected. Also, undoubtedly, the U.S. Embassy in Tokyo and all U.S. consulates in Japan are overwhelmed with more pressing matters at the moment than Social Security benefits. The Office of Personnel Management has set up a hotline for dealing with such issues. I wonder what the Social Security Administration is planning.

Update: There were 41,874 people receiving U.S. Social Security benefits as of December 2009 who were living in Japan.

ALJ Removed From Job After Assault On Domestic Partner

The Court of Appeals for the Federal Circuit has affirmed the removal of Danvers E. Long from his position as an Administrative Law Judge with the Social Security Administration based on a charge of conduct unbecoming his position. Long had worked at the Fort Lauderdale hearing office. Here is an excerpt from the decision describing the charge against Long:

At approximately 11:00 p.m. on January 27, 2008, Long was involved in a physical altercation ... with his domestic partner, Lilia Vanessa Castro ... who is the mother of his youngest child ... The physical altercation began when Castro returned home, after leaving their child in Long’s care, to discover that Long was asleep in their bedroom and the child was not with him [sic]. ...

Castro explained that Long repeatedly struck and pushed her and that he accidentally struck their child. The police observed, and took digital photographs of, physical injuries on Castro’s face, forearm, and thigh as well as a red mark on the child’s face. Long was arrested and, on February 21, 2008, was charged with one count of domestic violence battery and one count of culpable negligence. The prosecutor later entered a nolle prosequi on the criminal charges against Long.

Bounty Hunters

From the Fresno Bee:

Local governments strapped for cash are turning to a new source of income: a bounty payment for reporting jail inmates to the Social Security Administration. ...

Although the bounty payments aren't large, they add up.

The Fresno County Sheriff's Department gets about $4,000 to $8,000 a month under the bounty program, and collected about $48,000 from July 2010 to January 2011 ...

"It's a very successful program," said Lowell Kepke, spokesman for Social Security's San Francisco regional headquarters. ...

Although 99% of jails and prisons in the United States have signed up, "Social Security would like all institutions to be participating" because the program saves the government money, Kepke said.

The Crisis Drumbeat Works But Maybe Not In The Way Intended

A new Washington Post-ABC News Poll shows that 81% of Americans believe that Social Security is headed for a crisis and 1% believe that it is already in crisis. 66% believe that major changes are needed. The most popular solution for this "crisis" is removing the cap on earnings covered by FICA. In fact, that is the only solution supported by more than 50% of those polled.

Colvin Testifies Before House Committee

Carolyn Colvin, Social Security's Deputy Commissioner, is testifying today before the House Appropriations Committee on overpayment issues at Social Security. Her written testimony repeatedly emphasizes that reducing overpayments depends greatly upon an adequate operating budget for Social Security.

Can't We Do Better?

This is a slightly edited version of an e-mail I recently from another attorney who represents Social Security claimants. He was asking for advice on what to do:

I was original attorney, another attorney in my office covered hearing for me. We filed new fee agreement and forms 1695 and 1696. My staff didn’t withdraw my name and waive fee. In any event, the Administrative Law Judge approved the fee agreement. Social Security issued 2 fee checks -- one for me and one for the other attorney in my office (split down the middle). This was back in January. I get a letter today from the Regional Chief Judge, stating that the processing center protested the fee agreement because one or more reps from the same office did not sign a single fee agreement. They cited Hallex I-1-2-12. Then goes on to say we have 60 days to submit fee petition.

Does this make sense to anyone? Yes, it is in accordance with obscure, pointless Social Security policies but does it make sense?

When I have raised issues concerning the absurdities of attorney fee regulation as applied to law firms on this blog, the responses I have gotten from Social Security employees have ranged from "Who cares?" to "It's our policy and you'd jolly well better follow every jot and tittle of it or else!" to "Good! You attorneys make more money than I do."

This is bureaucracy at its worst: obscure, pointless policies that have nothing to do with implementing any statute or protecting the public interest being implemented haphazardly by an agency that refuses to deal with the issue.

We need regulations that address the reality that there are such things as law firms and that often the representation of a single client may involve more than one attorney at a law firm.

New Regional Commissioner In Atlanta

From the Anderson, SC Independent Mail:

Michael W. Grochowski has been selected as the regional commissioner for the Atlanta Region of the Social Security Administration. Grochowski began his federal career in 1974 with the Veterans Administration after serving in the armed forces, including a tour in Vietnam. He has held executive positions with the Health Care Finance Administration and the Social Security Administration and was appointed to the Federal Senior Executive Service in 1988.

It appears that Grochowski has been regional commissioner in Social Security's Kansas City region. The Atlanta region is, by far, the largest of Social Security's regions. Regional commissioner in Atlanta is one of the Social Security Administration's most important career positions.

Commissioner Holds Hearing On Compassionate Allowances In Autoimmune Disorder Cases

The Commissioner of Social Security held a public hearing on compassionate allowances in autoimmune disorder cases on March 16.

Just last week I met with three new clients suffering from systemic lupus erythematosus, (SLE) an autoimmune disorder, or at least one that is frequently classified as an autoimmune disorder. These days I am taking on more multiple sclerosis (MS) cases than ever before. MS can also be characterized as an autoimmune disorder.

Is anything the Commissioner doing with compassionate allowances going to help my SLE or MS clients? Not likely. Can anyone give me an example of someone who would be helped by compassionate allowances who wouldn't have been quickly approved anyway?

As pet projects go, compassionate allowances is innocuous. It is certainly better than former Commissioner Barnhart's Disability Service Improvement (DSI) fiasco although DSI included "Quick Disability Determinations" (QDD) for those who were "obviously disabled." I have not seen any explanation of the difference between QDD and compassionate allowances. As a practical matter, I do not think there is a difference beyond the fact that Astrue is Commissioner and Barnhart is gone.