OIG Report On NHCs -- And Read To The End For News On Remands And Possibility Of NHC ALJs Traveling

     From a recent report by Social Security's Office of Inspector General (OIG) on the agency's National Hearing Centers (NHCs):

During FYs [Fiscal Years] 2010 and 2011, ODAR’s [Office of Disability Adjudication and Review] 5 NHCs processed more than 56,000 hearings to assist backlogged hearing offices with older cases. The Chicago Region transferred the highest number of cases during this period, about 50 percent of all cases the NHCs received. These transfers allowed the Chicago Region to address case backlogs while new hearing offices were being constructed to permanently address workload needs. We found the ALJs [Administrative Law Judges] working in the NHCs had a higher than average disposition rate that may have related to such factors as (1) a higher decision writer-to-ALJ ratio, (2) how attorneys are supervised, (3) the lack of travel to remote sites, (4) useful pre-hearing briefs, and (5) the processing of NHC remands at the hearing office level. However, the NHCs identified a number of challenges that may limit the effectiveness of the NHC model, including (1) availability of video capacity, (2) difficulties scheduling experts, and (3) claimants declining video hearings. The assisted hearing offices we contacted stated case transfers to the NHCs led to fewer pending cases and improved processing times. The hearing offices also had a few concerns, including their processing of NHC remands as well as the extra work related to declined video hearings.

     The OIG report does not try to evaluate the NHCs versus their alternative, which would have been adding ALJs to traditional hearing offices where office space was available and using the excess capacity to help out backlogged offices.

     Also of interest is a statement that Social Security is considering having NHC ALJs travel to hearing sites to hold hearings for claimants who decline video hearings. I suppose that Social Security may be re-evaluating this since they are no longer advising claimants of which ALJ will hold the hearing. There is also a statement that since January 3, 2012 remands from a NHC ALJ decision will be sent back to the NHC ALJ rather than being assigned to an ALJ at the ODAR office with jurisdiction over the area.

     By the way, Social Security doesn't even know how many claimants are declining video hearings with NHC ALJs. From what I hear from other attorneys, I think that number has gone up dramatically since Social Security started withholding the identity of the ALJ until the day of the hearing.

It Happens Almost Every Month

     Almost every month payments of attorney fees for representing Social Security claimants come to a near complete halt in the last week of the month and then immediately resume with a bang on the first business day of the next month. This pattern is most noticeable if you receive fees by direct deposit as I do. It's not just me who has seen this pattern. Other attorneys I know have commented on it. This has been going on for more than a year.

     Does anyone know what's going on? My guess is that this pattern is not coming from Social Security but from the Department of the Treasury which actually issues the checks and direct deposits. My guess is that it has to do with cash and debt management and probably affects a wide range of payments made by the federal government but I don't know.

I Want Your Filthy Lucre!

     I've created a Cafepress shop  to sell Social Security themed merchandise. Mostly, this is Social Security Administration logo items such as caps, T--shirts and mugs but also some items with Social Security images. Eighty-six items are available for sale.

 

     In case you're wondering, all of the images on these items are in the public domain. If you've visited D.C., you've seen vendors on the streets selling items such as these with the logos of the FBI and CIA and the Presidential seal, for instance. 

Panel Discussion On Why So Many People Are Filing Claims For Social Security Disability

     The National Academy of Social Insurance is holding a panel discussion today at 10:00 EST on the subject "Why Are More People Claiming Disability Insurance and What Should Be Done About It?" They ran out of space in the room they originally planned to hold it in and moved it to a larger room. They've run out of space in the larger room. The event will be broadcast live on C-SPAN2. Here is the lineup for the event:

Presenters:

• Stephen C. Goss, Chief Actuary, Social Security Administration
• Lisa Ekman, Senior Policy Advisor, Health and Disability Advocates
• David Stapleton, Director, Center for Studying Disability Policy, Mathematica Policy Research

Discussants:  

• Marty Ford, Director, Public Policy Office, The Arc of the United States
• Tony Young, Senior Public Policy Strategist, NISH

Moderator:    

• Mark Miller, Reuters

     No offense but who is Lisa Ekman? Why are two people who make their living off the myth that large numbers of Social Security disability recipients can be returned to work -- Stapelton and Young -- on this panel? Ticket to Work doesn't work. Stapelton and Young will undoubtedly say that if more money is devoted to their employers that tons of people will fly off the Social Security disability rolls. Nonsense. It hasn't happened and it won't happen. If you require people to be half dead or nearly fully crazy before you put them on benefits, you shouldn't expect them to ever return to work. It's that simple. Most people attending or watching this event have little feel for who is actually drawing Social Security disability benefits in this country and are easily misled.

Groundbreaking For Data Center

The Associated Press reports that Social Security is holding a groundbreaking ceremony today for the agency’s new data center in Urbana, Maryland.

Why?

     It is not unusual for a Social Security disability claimant to be approved by an Administrative Law Judge (ALJ) and to be immediately eligible for Medicare, despite what amounts to a two and a half year waiting period for Medicare. After some problems in the latter part of last year, Social Security is paying cash benefits relatively promptly after a favorable ALJ decision. However, it has always taken significantly longer for the Medicare card to come in. Why? It's not unusual for a claimant to have an urgent need for that Medicare card. I know that the award certificates in these cases say that the award certificate itself can be used in lieu of a Medicare card but I've heard of providers refusing to accept the award certificate as proof of entitlement to Medicare. For that matter, the award certificates come out slower than the payment of benefits. I know that I can send a claimant to their local field office and someone there may be kind enough to give them something in writing saying they are eligible for Medicare but sometimes they refuse to do this and providers won't always accept it. Why does it take so long to print and mail a Medicare card? Are retirees subjected to the same delays? I've never understood why the Medicare card isn't mailed at the same time as the award certificate.

AARP Tries To Deny The Obvious

     The American Association of Retired Persons (AARP), an insurance company that masquerades as a grass roots organization, is now denying that its "salons" with Social Security opponents signaled its openness to cutting Social Security. 

     Let me give a interpretation of the AARP "salons." AARP management knows that no one in Washington respects AARP or cares about AARP as an institution. AARP, however, knows that it is viewed as one of the main supports for Social Security and Medicare, that politicians of both parties believe that AARP can, on its own, block destructive changes to Social Security and Medicare. AARP can see what Republicans have been trying to do to labor unions, particularly public employee unions, since the 2010 elections. There is no doubt that Republicans have been trying to undermine the unions since they are seen as providing major support to the Democratic party. AARP management is afraid that the Republicans are going to come after AARP as a prelude to an attack on Social Security and Medicare and that the Democrats won't try to protect AARP, since they really despise AARP. Thus, AARP management wants to assure Republicans that AARP isn't really their enemy and won't really stand in the way of the destruction of Social Security and Medicare, especially if the destruction of Social Security and Medicare creates additional opportunities for AARP to sell insurance to older Americans.

New Instructions On Prohibition Of New Claims While Appeal Pending

     Social Security has issued new instructions on its policy of prohibiting new claims for disability benefits while an appeal is pending at the Appeals Council,. No one would have much problem with this if the Appeals Council could resolve appeals in three months or so but the Appeals Council often takes two years and more. In effect, the Social Security Administration is making it almost impossible for poor claimants -- and that's most of them-- to appeal from an Administrative Law Judge decision. That's wrong.