Fugitive Felon Policies Continue To Unravel

 From an Emergency Message that Social Security sent out to its field offices yesterday:

We previously informed you in EM-10061-SEN, that on 3/19/2010, the Second Circuit Court of Appeals rendered a decision in Clark v. Astrue, finding that SSA’s practice of relying solely on outstanding probation or parole violation arrest warrants to suspend or deny benefits conflicted with the plain meaning of the Social Security Act. Because of that decision, we stopped suspending or denying title II benefits and title XVI payments based solely on an outstanding probation or parole violation warrant for individuals who resided in New York, Connecticut, or Vermont.

Upon remand from the Second Circuit on 3/18/2011, the District Court for the Southern District of New York certified a nationwide class in Clark v. Astrue that includes all individuals whose benefits or payments were suspended or denied on or after October 29, 2006 (If this class definition changes, we will issue another instruction). Based on this class certification, we are no longer suspending or denying benefits or payments based solely on a probation or parole violation warrant. However, at this time do not take any action to remedy prior suspensions or denials based solely on a probation or parole violation warrant.

Action to take on probation and parole violation warrants

Effective immediately, do not suspend or deny title II benefits or title XVI payments to an individual based solely on an outstanding probation or parole violation warrant with any of the following offense codes:

· 5011 – Parole violation
· 5012 – Probation violation
· 8101 – Juvenile offenders – abscond while on parole
· 8102 – Juvenile offenders – abscond while on probation
· 9999 -- with an offense charge symbol of “probation or parole violation.”
· “Blank”-- with an offense charge symbol of “probation or parole violation.”

Press Release On Help America Vote Act

A press release from Social Security:

Michael J. Astrue, Commissioner of Social Security, today announced the agency is publishing data on its Open Government website www.socialsecurity.gov/open about verifications the agency conducts for States under the Help America Vote Act (HAVA) of 2002.  Under HAVA, most States are required to verify the last four digits of the Social Security number of people newly registering to vote who do not possess a valid State driver's license.

“I strongly support President Obama’s commitment to creating an open and transparent government,” Commissioner Astrue said.  “As we approach another federal election year, it remains absolutely critical that Americans are able to register to vote without undue obstacles.  Making this data publicly available will allow the media and the public on a timely basis to raise questions about unexpected patterns with the appropriate State officials.”

The data available at www.socialsecurity.gov/open/havv represents the summary results for each State of the four-digit match performed by Social Security under HAVA.

Non-Disability Cases Transferred -- Why?

From the website of the National Organization of Social Security Claimants Representatives (NOSSCR):

NOSSCR has learned in recent meetings with ODAR [Office of Disability Adjudication and Review] officials that some 10,000 appeals are pending at the hearing level with no medical issue, including overpayments (Title II and SSI) and SSI income/resource appeals. These claims are being documented with the help of new software tools and DDS [Disability Determination Services] training, and then transferred to the National Hearing Centers (NHCs) for a "limited" time to work down this large backlog. The agency plans to return jurisdiction to the local ODAR offices by the end of the calendar year. Non-disability cases already "scheduled" will not be transferred.

Advocates first reported one year ago that non-medical appeals were being transferred from the local hearing offices to a cadre of field ALJs [Administrative Law Judges] serving as specialists. The ALJ union objected – and has renewed its concerns about the new NHC version of the same plan – contending that the normal rotational policy is necessary to ensure the reality and appearance of fairness. Assigning claims based on ALJ specialization has significant APA implications.

Non-disability cases apart from overpayment cases are so diverse that the idea of special software tools for them seems bizarre. What would DDS training have to do with non-disability cases? Why would anyone train DDS employees on SSI income and resources or determination of age or paternity? How would that help the ALJs? DDS employees are certainly not capable of training ALJs in these fields. This explanation makes no sense to me. If anything, this sounds more like someone was trying to think of a justification for keeping the NHCs in the event that backlogs go down to low numbers -- a possibility that looked more likely before the last election than it looks today.

"More Efficient Delivery Of Service To The Public"

 From the South Whidbey, WA Record:

The Social Security Administration will make its last visit to the Langley contact station at the Bayview Senior Center on May 12, the agency has announced.

The reduction in service is part of agency-wide changes that officials said would provide more efficient delivery of service to the public.

Updated Fee Payment Numbers

Updated numbers on payments of fees to attorneys and others for representing Social Security claimants: Fee Payments
Month/Year	Volume	Amount
Jan-11	34,467	$113,459,847.04
Feb-11	33,305	$107,796,771.38
Mar-11	34,885	$112,463,768.46
Apr-11	48,033	$153,893,755.37

Service Reductions In Michigan

 From the Midland, MI Daily News:

Social Security has cut the number of monthly visitations to the Midland County Contact Station in half.

Midland residents will only be able to meet with a Social Security Administration representative twice a month on the second and fourth Tuesdays ...

The move was made April 19, according to Cynthia Edwards, Social Security public affairs specialist in Flint.

“With more people utilizing Social Security online and our automated telephone services, and visiting the local Social Security offices in both Saginaw and Bay City, there have been fewer visitors to the Midland contact station,” said Edwards, explaining the reduction. “And due to the options provided to the public and the reduction in Midland visitors, the decision to cut back in Midland was made.” ...

Edwards said Midland is not the only city effected by the current budget situation. There have been other Social Security offices in Michigan that have reduced their hours of operation or the days of service to their contact stations.

“It is anticipated this will have little impact on the Midland community,” Edwards said.

 Maybe there's been a decrease in demand in Midland but I'm pretty sure the real reason for this cut was lack of an adequate operating  budget at Social Security. And that crack about "little impact"! I doubt that the good citizens of Midland appreciate that.

Congressional District Statistics

Social Security has released its annual compilation of statistics broken down by Congressional District. You can see, for instance, that Jim Jordan, the Chairman of the Republican Study Committee, which proposed to end Supplemental Security Income (SSI), has 12,872 SSI recipients in his District.

A Couple Of Social Security Factoids

From the York, Nebraska News-Times:

Q: How much has Social Security paid out since it started?
A: From 1937 (when the first payments were made) through 2009, the Social Security program has expended $11.3 trillion.

Q: How much has Social Security taken in taxes and other income since it started?
A: From 1937 (when taxes were first collected) through 2009, the Social Security program has received $13.8 trillion in income.