Responding To A Leading Question

     From a recent report by Social Security's Office of Inspector General (OIG) (footnotes omitted):

In a January 17, 2012 email, the Commissioner of SSA requested that we determine why some ready to schedule (RTS) cases remained unscheduled. The Commissioner also requested we review the role work-at-home days (Flexiplace) play in case scheduling and report on any office dynamics that are of concern in terms of effective service. ...

Of the 11 hearing offices we contacted, 8 experienced an increase in RTS cases from April 2011 through March 2012. Hearing office staff cited various reasons for this increase. For example, staff at several hearing offices attributed the increase to their development of additional cases for hearings so they would have a larger inventory from which to select when scheduling conflicts occurred. Staff at other hearing offices attributed the increase to expanded service areas and a greater number of disability filings. In contrast, three hearing offices experienced a decrease in RTS cases. Hearing office staff attributed the decrease to transferring cases to other hearing offices, modifying their scheduling procedures, and spending less time developing cases.

Hearing office staff cited various obstacles that impacted their ability to timely schedule hearings. Most notably, staff cited claimant representative availability as the greatest obstacle they faced when scheduling hearings. To a lesser degree, hearing office staff cited ALJ availability as another key obstacle that caused scheduling difficulties. Other less cited obstacles included availability of medical and vocational experts, hearing rooms, and video teleconferencing (VTC) equipment. Hearing office staff also reported difficulties when scheduling hearings for incarcerated claimants.

We acknowledge that accommodating the schedules and preferences of multiple hearing participants is difficult and cumbersome. However, based on our review of 11 hearing offices, we believe ODAR can take additional steps to address some of the key obstacles hearing office staff face when scheduling hearings. To improve the timeliness of hearings, we encourage ODAR to consider limiting the number of times it offers claimant representatives specific dates and times before scheduling a hearing. In addition, we encourage ODAR to analyze hearing office and ALJ performance data to determine whether it should take additional steps to address key obstacles hearing office staff face during the scheduling process. Specifically, we believe ODAR should encourage hearing offices to better coordinate hearing dates and rooms among its ALJs. We also encourage ODAR to consider limiting ALJs’ use of Flexiplace to once a week, where appropriate. Furthermore, we encourage ODAR to reexamine its policy of allowing ALJs to transfer to another hearing office soon after meeting their 90-day service requirement  ...

      We can debate each of the individual factors. The points I would make is that there hasn't been any recent change in ALJ or attorney behavior and there has been no sign of decreased ALJ productivity. To the contrary, ALJ productivity has continued to increase. To me, the answer seems simple.  More cases are getting worked up than there are ALJs to hear them. OIG was responding to a leading question from the Commissioner, one which indicated a desire to point the finger of blame at someone other than Social Security management.

A Change To Commenting On This Blog

     I have changed the commenting feature on this blog to require registration. Registration is easy and can be anonymous. You only have to do it once. You can be identified by a screen name. Blogger doesn't give me or anyone else access to registration information.

     I am doing this so that commenters can be identified in some way other than "Anonymous who posted at 1:41 p.m." This will also act as a restraint upon those who seek to use comments on this blog as an astroturf device, posting the same message over and over to simulate grassroots support for a position that has little or no true grassroots support.

Hurricane Causing Office Closures

     Social Security is closing a number of offices in the Gulf area early today. Many more offices will in the Gulf and in Puerto Rico will be closed tomorrow. See Social Security's Emergency Website for a list of the offices.

Some Signals

     In an August 11 newspaper article about an Administrative Law Judge who allows 80% of the disability claims he hears (which isn't particularly high), a spokeswoman for the Republican members of the House Social Security Subcommittee said that legislation to "protect the system" may emerge this Fall.

     An August 17 press release issued by the Republicans on the House Social Security Subcommittee said that "the longer we wait, the harder it will be to protect [Social Security disability] benefits ..."

     From a press release issued by the Republican leaders of the House Ways and Means Committee and its Social Security Subcommittee on August 25, 2012:

Given the extraordinary changes in the workplace, and new thinking in treatment and rehabilitation that have developed over the last 56 years, this Committee will continue to work with all our colleagues so we can find solutions to strengthen the program for Americans with disabilities.

     I don't know what they have in mind but the "extraordinary changes in the workplace, and new thinking in treatment and rehabilitation that have developed over the last 56 years" language sounds a lot like an attempt to justify making it harder to get on disability benefits, particularly by using the Americans with Disabilities Act as a reason. The phrase about working "with all our colleagues" sounds a bit better. I hope they include Democrats among their colleagues but I don't think that can be assumed.

     A freestanding bill to make it harder to draw Social Security disability benefits cannot possible pass the Senate much less get signed by the President before the end of this Congress. However, there may be a budget deal after the election but before the end of this Congress. Republicans may be preparing to add changes to Social Security disability benefits to the list of items they want in this budget deal. Regardless of what happens with that, these are signals that House Ways and Means Republicans want to do something about Social Security disability benefits should Mitt Romney be elected President in November and bring with him a Republican majority in the Senate. Even if President Obama is re-elected, as long as Republicans control the House of Representatives, they can use the impending shortfall in the Disability Insurance Trust Fund as leverage to pass legislation to make it harder get on Social Security disability benefits and to stay on those benefits.
     The simple solution for the Disability Insurance Trust Fund problem, indeed the only solution that doesn't involve immediate, draconian cuts in benefits, is to allow interfund borrowing. The interfund borrowing would be temporary.

Little Support For Cutting Benefits

     A new AP-GfK Poll shows that:

When given a choice on how to fix [Social Security's long term financing problems], 53 percent of adults said they would rather raise taxes than cut benefits for future generations, according to the poll. Just 36 percent said they would cut benefits instead.

The results were similar when people were asked whether they would rather raise the retirement age or cut monthly payments for future generations — 53 percent said they would raise the retirement age, while 35 percent said they would cut monthly payments. ...

Sixty-five percent of Democrats and 53 percent of independents supported higher taxes, compared with just 38 percent of Republicans.

Sounds A Lot Like A Threat

A press release from the Chairman of the House Ways and Means Committee and the Chairman of its Social Security Subcommittee:

On this date in 1956, President Dwight D. Eisenhower signed into law the Social Security Amendments Act establishing monthly Social Security Disability Insurance (SSDI) benefits. Ways and Means Chairman Dave Camp (R-MI) and Social Security Subcommittee Chairman Sam Johnson (R-TX) issued the following statement recognizing SSDI’s 56th anniversary.

“SSDI benefits provide an important safety net for Americans with disabilities. Today, over 10.8 million disabled workers and their families rely on benefits they earned through the payroll taxes they paid. Yet, beginning in 2016, just four years from now, the Social Security Board of Trustees predicts that the Disability Insurance program will be unable to pay full benefits. Clearly, changes must be made.

“We must secure the future of SSDI. The Committee’s Subcommittee on Social Security has held a series of hearings looking for possible solutions that both meet the needs of those with disabilities, and also protect the hard-earned taxpayer dollars supporting the program. Given the extraordinary changes in the workplace, and new thinking in treatment and rehabilitation that have developed over the last 56 years, this Committee will continue to work with all our colleagues so we can find solutions to strengthen the program for Americans with disabilities.”

Watch Out For Brinksmanship Ahead For Social Security Disability

     Republicans on the House Social Security Subcommittee have issued a press release attacking Vice President Biden's offhand comment that "I guarantee you, flat guarantee you, there will be no changes in Social Security." Their proof that something will be changed is the fact that the Disability Insurance Trust Fund is growing short of funds. The trust fund problem could be solved quickly by allowing inter-fund borrowing, something that has been done before, which would be "no change" as a practical matter but this press release is one of the signs that Republicans in Congress wish to use the Disability Insurance Trust Fund problem as an opening to cutting Social Security benefits.

Beginning To Fight Back

     Adam Hartung writing in Forbes tells us that Americans have reacted to limited economic growth "by feigning disabilities in order to create their own form of social welfare net similar to Europe." Hartung's short piece may be less interesting to me than the vigorous response it received, proof that those who represent the disabled are beginning to fight back against ferocious, unjustified attacks on the disabled population of the United States.