NADE Newsletter On Down Syndrome And ALJ Investigations

     The National Association of Disability Examiners (NADE), an organization of personnel who make initial and reconsideration determinations on Social Security disability claims, has posted its Winter 2012 newsletter.

     The newsletter contains a copy of a letter that NADE sent to Social Security on the agency's recent proposal to change its listings on Down Syndrome. As I read the letter, it looks like Social Security is setting a trap, I hope unintentionally, for those with Down Syndrome. Unless they have genetic testing for Down Syndrome and unless that testing meets certain criteria which may be of dubious relevance, Social Security may simply ignore the Down Syndrome regardless of any other evidence. If my understanding of the letter is correct and if NADE has it right, this is something that must be addressed. I really do not want to have to start representing a lot of people with Down Syndrome. That would be ridiculous.

     Another article describes a presentation by Social Security's Inspector General (IG) at a NADE event. The IG talked, at least briefly, about ongoing investigations of Administrative Law Judges (ALJs) in Puerto Rico and West Virginia.

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Life Insurance Companies Luck Out

     MSN Money is reporting that the changes that Social Security has recently made in its Death Master File will be a bonanza for life insurers.

White House Conferences On Disability

From the UCP Washington Wire:

 White House to Hold Series of Disability Conferences
The White House will be holding a series of regional, multi-agency disability conferences between March and July. The final list of cities and dates include:

• Columbus, OH  - March 14

• Austin, TX - March 28

• Los Angeles, CA - April 12

• Denver, CO - April 25

• Atlanta, GA  - May 11

• Boston, MA - May 23

• Minneapolis, MN - June 6

• Orlando, FL - June 15

• Kansas City, MO - July 11

Social Security will certainly be involved to some extent. I hope that people begin to realize that while wheelchair access to buildings is important, it is only a minor aspect of the entire spectrum. of disability issues. Adjudicating claims for disability benefits on a timely basis is crucial.

New 1695 Procedure

     I don't know that it will make a significant difference but Social Security is changing its procedures for processing the form 1695 which it receives from attorneys and others who represent Social Security claimants. The form 1695 includes the Social Security number of the person representing the claimant. What is supposed to happen in the future is that the form will end up in the claimant's file but the Social Security number will be blacked out. Previously, the form was supposed to be shredded after the information was entered in Social Security's database.

     Claimants are not supposed to see their attorney's Social Security number. Only those Social Security employees who need to see the attorney's Social Security number are supposed to see it.

     I know that it is strictly prohibited but what are the odds that no Social Security employee has gotten my Social Security number off a 1695 and looked up my earnings record just to satisfy their own curiosity? Can it really be prevented?

A $1 Trillion Difference?

From Investors Business Daily:

The outlook for Social Security's trust fund has deteriorated to an astonishing degree over the past year, new Congressional Budget Office [CBO] projections show.

The nonpartisan budget scorekeeper released the estimates Tuesday as part of broader economic and budget forecasts. CBO expects the trust fund to peak in 2018 and decline to $2.7 trillion in 2022 — a full $1 trillion less than Social Security's own actuaries predicted last year. ...

CBO was moderately more pessimistic than SSA a year ago, but has grown much more so, guided by incoming economic data.

      This kind of gap between the two projections makes no sense to me even when we're talking about a ten year period.

USA Today Says Something Is Wrong

     McPaper is running an editorial about Social Security's disability programs. As is generally the case with USA Today editorials, it's hard to say exactly what the point of the editorial is. I suppose that it says that there is something terribly wrong with the disability programs and something must be done to make it harder to get on Social Security disability benefits but it really does not identify what that something is.

     The editorial repeats the canard that attorneys delay Social Security disability claims. It's simple. I make money by closing files, not by keeping them open. Extra fees from keeping a file open longer are unlikely to make up for the extra costs of keeping the file open longer. Not only is delaying benefits to a client unethical; it makes no business sense. Are there attorneys who end up delaying their clients ultimate success? Sure, but it's not because they're trying to increases their fees. It's because they're incompetent. There are incompetents in any line of work.

     Chuck Martin, the President of the National Organization of Social Security Claimants Representatives (NOSSCR), contributed an opposing piece.

     By the way, who buys USA Today? Does anyone actually subscribe to it? I never read it except when I'm staying at a hotel that gives it to me for free. It's just so bland.

Death Master File Hearing

     The written statements of the witnesses at today's House Social Security Subcommittee hearing on Social Security's Death Master File have been posted. Don't tell anyone that they posted them a few minutes early. They're embargoed until 9:00 a.m.