From The NOSSCR Conference -- I

     The National Organization of Social Security Claimant's Representatives (NOSSCR) is having a conference in Philadelphia this week. Unfortunately, I am unable to attend. Eric Schnaufer was kind enough to take notes on the general session this morning. We'll start out with his notes, which I have edited slightly, on the presentation of Professor Harold Krent, the Dean of the Law School at the Illinois Institute of Technology Chicago-Kent School of Law:

Prof. Harold Krent spoke about his investigation for the ACUS [Administrative Conference of the United States], but not on behalf of the ACUS. The ACUS has not deliberated. The goal was for ACUS deliberations before the end of the calendar year. But that may not be possible. Krent stated that would have a draft in the late summer. His report will be sent to the ACUS and SSA. Then the ACUS will deliberate.

His investigation focuses on understanding inconsistencies in ALJ [Administrative Law Judge] adjudication, the character of ALJ hearings, and judicial review. He will not address State-agency adjudication or the Medical-Vocational Guidelines.

Prof. Krent will investigate whether various factors impact ALJ allowance rates: the pool of claims from the State agencies, the underlying health and poverty of the region, a “small town” bias, the elimination of reconsideration, etc. The statistical analysis is “very difficult.” The differential allowance rates on their face do not tell the “whole story.”

Prof. Krent stated that the Agency has not studied the differential allowance rates for VTC [Video Tele-Conference] and in-person hearings, if any. The significance of VTC hearings for the correctness of adjudication is unknown. Prof. Krent stated that there was no procedural due process right to in-person hearing. Prof. Krent believed that VTC was the “wave of the future.” (Prof. Krent was sympathetic to the Agency’s name removal policy. The Agency was “adamant” about this policy. It prevents “forum shopping.”)

Prof. Krent stated that the Agency has no data on whether allowance rates are associated with particular MEs [Medical Experts] and VEs [Vocational Experts]. The Agency does not track outcomes by the name of the ME or VE.

The Agency does not know how long hearings last or the correlation between the length of the hearing and the result. The CALJ [Chief Administrative Law Judge] should investigate the consistency of the length of hearings.

Prof. Krent stated that the recent public discussions had reduced the allowance rates.  Thus the publication of allowance rates were “not such a bad thing.”  The CALJ should address low and high allowance rate ALJs.

Prof. Krent does not know whether the newer ALJs with Agency experience adjudicate claims differently than longstanding ALJs with more “trial” experience.

Prof. Krent suggested that the Agency provide ALJs with generalizations about adjudicative outcomes given claimant characteristics.

In federal court, the fifty-percent relief rate was consistent over many years. Federal courts grant relief for new evidence in only five percent of cases. The top two reasons for granting relief in court are the treating-source rule and inadequate consideration of mental limitations in terms of functional capacity. There is significant variation from district court to district court in terms of relief.

The Appeals Council is looking at 2,000 cases per year post-effectuation. There were more errors in favorable than unfavorable decisions.

Burlington Office Closure Unpopular

     The Burlington, NC Social Security Social Security field office was recently closed. The Burlington  Times-News reports that a meeting was arranged between local officials and Social Security's District Manager to discuss the closure. The District Manager was first concerned that there be no public forum. Even after he was assured that this was just a private meeting with local elected officials, according to the paper, he failed to show up.

     I note that there is no indication in the article that the reporter tried to contact the Social Security district manager to get his response. It would be normal practice, and simple courtesy, for a reporter to do so. It is not difficult to imagine that the District Manager failed to show because of a simple misunderstanding -- as in, "I knew you were trying to set up something. I told you I could be there but you never got back to me to say that the meeting was definitely on."

     In any case, this demonstrates just how sensitive office closures can be. 

     Speaking as someone who lives not that far from Burlington and who has relatives living on the outskirts of Burlington, this closure seems nutty. The population in that area is growing rapidly. That's obvious to anyone who passes by Burlington on I-85.

Social Security Subcommittee Schedules Hearing On Information Technology

     The House Social Security Subcommittee has scheduled a hearing for May 9 on the state of information technology at Social Security. The press release strongly suggests that the point of the hearing is to pressure the agency "to establish a strategic vision for its information technology investments and develop a long-term plan to improve customer service." I suppose that the underlying premise here is that the future will be bright for Social Security once there is a "long-term plan" for information technology taking over customer service at Social Security. That may sound good if you are a member of Congress or a Congressional staffer, especially if you have spent time listening to government contractor lobbyists, but at ground level it's absurd. There's no amount of money or planning that's going to accomplish the feat of improving customer service at Social Security in the absence of adequate staffing. Some things must be done be people and there's a lot of that at Social Security.
     By the way, why is it that no one ever looks back at the project to transition to electronic files for disability cases? A hell of a lot of money was spent on that information technology project and a hell of a lot of money is still being spent on it. What has been the payoff? Has customer service been improved? Can anyone demonstrate productivity gains? I'm pretty sure that if all that money had been spent on keeping an adequate staff at Social Security that customer service would have been much better over the 11 years and would remain much better as far as one can see into the future. Technology is great but it can only take you so far.
     The press release for the hearing does indicate that Social Security's national computer center project is coming in significantly under budget. I guess this means that Social Security's operating budget must be cut.

Americans Concerned About Retirement Income

From Gallup:

Congressional Hearing Scheduled

     The House Ways and Means Social Security Subcommittee in conjunction with the House Ways and Means Oversight Subcommittee has scheduled a hearing for May 8 on tax fraud involving identity theft. Social Security's Death Master file is the agency's connection to this.

Online Social Security Statements

     Social Security has sent out a press release announcing that it is now possible to obtain an online Social Security statement. I forget how long ago it was but I am pretty sure that Social Security made these statements available online briefly in the past until privacy concerns forced them to cancel the service. My recollection is that the service was cancelled even though there were no reports that anyone had improperly obtained private information; there was just speculation that it might happen.

Expectations Versus Reality

     From Gallup:

     From the Society of Actuaries:

     The implication to me is that the increase in Social Security's full retirement age to 67 that is already under way makes no sense. An increase to 69 would preposterous. People think they'll work a lot longer than they actually do. They do not fully appreciate the effects of the aging process until they feel them. They also overestimate what medicine can do to counteract the effects of the aging process.

Electronic Medical Records For Wounded Warriors Press Release

     Social Security has sent out a press release touting a project to work with the Department of Defense to speed disability benefits to wounded warriors by increased efficiency in using electronic medical records.