Compassion Rewarded

From the Washington Post:

Diane Braunstein’s large smile and warm laugh can be infectious. She speaks calmly as she sits in a high-backed, dark wooden chair in her spacious Baltimore office, a master bureaucrat.

If that seems a cold or callous characterization, her actions have been anything but. One look at her résumé shows she’s spent a lifetime mastering the minutia of process and regulation on behalf of the elderly, the ill and the disabled at the Social Security Administration and other organizations.

Social Security Commissioner Michael J. Astrue appointed Braunstein director of a program called Compassionate Allow­ances in 2007 after she helped him about 20 years earlier when his terminally ill father could not quickly obtain benefits.

The two were working together at the Department of Health and Human Services. Astrue’s father developed glioblastoma, an often-fatal brain cancer that resulted in a coma. Astrue found himself trying to file for benefits on behalf of someone who wasn’t able to speak.

“It was a huge surprise and a time of high anxiety,” he said. “Having someone as competent as Diane was a great blessing.”

Some Things That Ought To Be On The Public Record

I have finally gotten around to uploading to Scribd some documents that I have that I think ought to be on the public record. Most are of current relevance but a few have mostly historic value. I don't know where else you would find any of these. Take a look.

• Notice of Proposed Rule Making On Grid Regulations 1978
• Federal Register Notice When Grid Regulations Adopted 1979
• Government Representative Plan 1979
• Settlement in Bono v. Social Security 1979
• Government Representative Interim Report 1983
• Decision in Association of ALJs v. Schweiker 1983
• Bradley Memo Cutting Maximum Attorney Fee To $1,500
• Letter Regarding Fee Agreement Process 1992 
• Study On Racial Differences In Disability Determination At Social Security 1992
• Re-Engineering Plan 1994
• Emergency Message On Substance Abuse 1996
• Childhood Disability Questions and Answers 2001
• Memo Regarding Americans with Disabilities Act - "Skoler Memo" 1993
• Drug Abuse and Alcoholism Teletype 1996
• Memo to Regional Commissioner Regarding O*NET 1999
• Memo to OHA Regarding O*NET 1999

     If you have documents you think ought to be in the public record concerning Social Security, scan them and upload them to Scribd and let me know  I'll let others know. Or just send the document to me and I'll upload it. Don't upload or send me anything that includes personally identifiable information or anything that should genuinely remain secret, such as documents concerning security plans at Social Security. Don't upload material under copyright.

     I cannot seem to find a copy of the DSI or HPI plans. It would be good to get those in the historical record so we never repeat bad ideas. I'm sure that Social Security would like to toss both of them down the memory hole.

Social Security Addresses Office Space At DDS

Social Security has added a section to its POMS manual to address the amount of office space to be allocated to employees at the state Disability Determination Services (DDS) offices. These state DDS's make the initial and reconsideration determinations on Social Security disability claims. Although DDS employees are state employees, they are treated much the same as federal employees in many respects. They even have ssa.gov domain e-mail addresses. Here are Social Security's space allocations for DDS employees:

Position	Total Square Feet
Director, DDS	200
Assistant or Deputy Director	150
Program Director or Manager	150
Unit Supervisor	120
Technical Consultant and Systems Specialist	100
Hearing Officer	100
Quality Assurance Specialist	100
Vocational Specialist	100
Claims Examiner (adjudicator)	100
Clerks and other support positions	75
Chief Medical Consultant	150
Full-Time Medical Consultants and Part Time Medical Consultants (electronic claims adjudication makes it more difficult for consultant to share space)	100

Answer To Quiz On Military Personnel And Social Security

Question: Sergeant X is in the U.S. Army. He is badly injured in an automobile accident while off duty. He is unable to perform his normal duties and is assigned to "medical holding company" until he can either get better and return to regular duties or it becomes clear that he will not be able to return to regular duties at which time he would be medically retired. While in medical holding company, Sergeant X receives his normal Army pay but he performs no duties. If Sergeant X files a claim for Social Security disability benefits, how will it be treated?

 Answer: Social Security's Program Operations Manual Series (POMS) addresses this. There is nothing which automatically disqualifies active duty military personnel from receiving Social Security benefits. The work done by Sergeant X is not substantial gainful activity since he was not performing any actual duties. Social Security fully accepts that individuals in Sergeant X's situation may file Social Security disability claims and have them adjudicated normally. 

     Sergeant X is entitled to have his case expedited under Social Security's policy on wounded warriors under another POMS section since the policy does not require that the disability be combat related or even service related.

A Quiz On Military Personnel And Social Security

I am starting a new feature to run occasionally, a quiz on Social Security law and practice. The answer will appear tomorrow. I would appreciate any ideas for future quiz topics.

Free Web poll for your Web site - freepolls.com

For extra credit, is Sergeant X eligible to have his case expedited on the grounds that he is a wounded warrior?

Barbara Kennelly Out At NCPSSM

     Barbara Kennelly, a former Congresswoman, became President of the National Council to Preserve Social Security and Medicare (NCPSSM) in 2002. She has recently been replaced by Max Richtman, a long-time NCPSSM board member. No explanation was given for Kennelly's departure. You would think that if this were a simple case of Ms. Kennelly retiring or moving on to another job that there would have been a press release.

     NCPSSM has been around for more than 20 years. It started out under the leadership of a son of Franklin Roosevelt and quickly got into trouble for its fundraising activities which featured over the top scare tactics at a time when there was little reason to be scared about Social Security's future. If I remember correctly, there was a Congressional hearing. Ever since, NCPSSM has struggled with a questionable reputation. My impression is that the organization is a far more interested in fundraising than anything else. They put out press releases and they engage in relentless fundraising but I have never noticed them having any impact.

Updated Fee Payment Stats

Social Security has posted updated data on payments of fees to attorneys and others for representing Social Security claimants. This is an analogue for backlogs in Social Security's benefit payment process. Once a Social Security claimant is approved for benefits, someone has to authorize payment of their benefits. This can take time. At the moment, that timeframe is increasing. Attorney fee payments are running 3% behind last year even though they should be running higher because there are more Administrative Law Judge hearings this year than last.

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
May-11	36,479	$115,159,012.77
June-11	33,568	$104,782,743.07
July-11	40,451	$123,981,011.36

Strange Stuff

There have been accusations, or perhaps intimations, of some poorly defined impropriety concerning attorney Eric Conn. Maybe there is something there, but I have seen nothing that seemed substantive to me. Conn is fighting back with an ad that must be seen to be believed. By the way, that woman at the end of the ad, what is she supposed to represent?

     Update: A reader in West Virginia wants to make it clear that while Conn may practice before a West Virginia hearing office that he is based in Kentucky.
     I have an idea about that woman at the end of the ad. If my guess is correct, this adds an incredibly lurid aspect to this ad.
     If bad taste were a crime, Mr. Conn would deserve drawing and quartering.