Sep 13, 2012

Senator Coburn Says ALJs Could Be Replaced With A Coin Flip

     Senator Tom Coburn's (R-OK) office has leaked the report to be given today to the Senate Homeland Security and Government Operations Permanent Subcommittee on Investigations on disability determinations at Social Security, which is supposed to reveal that "In more than a quarter of the cases, decisions to award benefits 'failed to properly address insufficient, contradictory, or incomplete evidence.'" Senater Coburn's response says that "I think you could flip a coin for anybody that came before the Social Security commission for disability and get it right just as often as the (judges) do." However, the report, apparently done by Social Security's Office of Inspector General (OIG) only " reviewed the cases to see if officials used proper procedures in making their decisions", did not talk to any of the claimants involved and did not "make any determinations about whether people got benefits they did not deserve."
     Here is the witness list for the hearing:

PANEL 1

  • JUDGE  PATRICIA A. JONAS
    Appellate Operations Executive Director, Deputy Chair, Appeals Council,
    Office of Disability Adjudication and Review, Social Security Administration
    Falls Church, VA
  • JUDGE  DEBRA BICE
    Chief Administrative Law Judge
    Office of Disability Adjudication and Review, Social Security Administration
    Falls Church, VA

PANEL 2

  • JUDGE   DOUGLAS S. STULTS
    Hearing Office Chief Administrative Law Judge
    Office of Disability Adjudication and Review, Social Security Administration
    Oklahoma City, OK
  • JUDGE   THOMAS W. ERWIN
    Hearing Office Chief Administrative Law Judge
    Office of Disability Adjudication and Review, Social Security Administration
    Roanoke, VA
  • JUDGE   OLLIE L. GARMON, III
    Regional Chief Administrative Law Judge (Region IV)
    Office of Disability Adjudication and Review, Social Security Administration
    Atlanta, VA

Sep 12, 2012

Witness List For Social Security Subcommittee Hearing

      Here is the witness list for the September 14 hearing before the House Social Security Subcommittee, with a little information about each witness:
     I suppose we can take it that the Subcommittee will hear extensively of the wonders of Ticket to Work despite the overwhelming evidence that Ticket to Work is a waste of money. Our representatives in Congress desperately want to hear from people who tell them that large numbers of people drawing Social Security disability benefits can be rehabilitated and returned to work. They are willing to spend great gobs of money pursuing this pipe dream so, of course, people appear who are willing to tell them what they want to hear can be found.

It's A Valid Policy Choice And We've Already Made It

     Charles Blahous, a Republican member of the pro forma Board of Trustees of Social Security, is out with a gloom and doom commentary. Here are some excerpts:
Social Security’s future, at least in the form it has existed dating back to FDR, is now greatly imperiled. The last few years of legislative neglect -- due to a failure of national policy leadership coming just as the baby boomers have begun to retire -- have drastically harmed the program’s future financial prospects. Individuals now planning their financial futures, whether as taxpayers or as beneficiaries, should be pricing in a substantial risk that the federal government will not be able to maintain Social Security as a self-financing, stand-alone program over the long term. If Social Security financing corrections are not enacted in 2013, or at the very latest by 2015, it becomes fairly likely that they will not be enacted at all. ...
A solution enacted today would require left and right to cede roughly twice as much ground as they did in the 1983 reforms, or one side must cede still more. Each year that passes, influential players must retreat still further from their preferred policies. At some point (which we may well be past already), one side, the other, or both will reach the limit of how much they are willing to swallow. ...
As another illustration of the growing difficulty of solution, let’s look at the competing approaches of containing cost growth and raising taxes. One longstanding proposal has been to slow future benefit growth to the rate of price inflation for high earners, while allowing low-income earners the higher growth rate of wage inflation, and leaving previous beneficiaries unaffected. But already now, even if we slowed everyone’s benefit growth – from the poorest to the richest – to price inflation, we could no longer maintain solvency while holding harmless those over the age of 55. ...
Advocates on the left sometimes argue to increase the amount of Social Security wages subject to the payroll tax. The most extreme version of this proposal would be to raise the amount of wages subject to the full 12.4% payroll tax -- $110,100 today – up to infinity. Yet even this drastic measure would now fail to keep Social Security in long-term balance as well. ...
If a financing solution cannot be reached, then Social Security’s self-financing construct would need to be abandoned. Assuming the program continues to pay benefits, it would have to permanently rely on subsidies from the general fund as Medicare now does. This would be a valid policy choice, but it carries unavoidable consequences. It would mean an end to one of the program’s foundational principles: the requirement that Social Security pay its own way through a separate trust fund. It would also mean an end to FDR’s conception of an “earned benefit” program in which workers were seen to have paid for their own benefits.
      Even though I think that Blahous is mostly expressing the traditional Republican wishful thinking that Social Security will eventually fail, I agree with him on most of what he has to say.  It would have been better if Social Security had continued to be funded by payroll taxes. I would prefer that additional layer of protection even though I don't think it's crucial.
     Blahous does not give any data to support his proposition that removing the cap on earnings will not close the long term gap. I have seen no study supporting this proposition. If true, it is probably only true in the sense that recent economic difficulties mean that removing the cap would only solve the problem for, let's say, 65 years instead of 75 years. The Office of Chief Actuary is good but the validity of projections that far out is limited since they are based in good part on guesswork about how the economy will go over long periods of time.
     My real disagreement with Blahous is that he is ignoring the fact that general revenue funding of Social Security, which he calls a "valid policy choice", is already a fact.  The F.I.C.A. tax has been reduced by 2% for almost two years with the difference made up out of general revenues.I see no sign that this is ever going away.
     I am reminded of the story of how Social Security's headquarters came to be in the Baltimore area rather than in Washington. A new Social Security headquarters building was under construction in Washington when World War II began. Because of the emergency, the building intended for Social Security was taken over by the War Department. Social Security was forced to stay in a temporary location in Baltimore. By the time the war was over, Social Security had become so settled in the Baltimore area that it has ended up staying for the last 67 years. With the "temporary" 2% reduction in the F.I.C.A. tax we have already moved to general revenue funding of Social Security. I don't expect that 2% to ever be restored. In fact, I expect general revenue funding to increase to make up any deficiencies in the Retirement and Survivor's trust fund. I don't like this any more than Blahous but I don't see what will keep it from happening.
     The argument that Social Security is just "welfare" grows stronger with general revenue funding but the core of the Republican party has never regarded Social Security in any other light. I don't expect that there will ever be the political will to cut benefits significantly or to restore that 2%, much less increase the F.I.C.A. tax or cut benefits significantly. Republican notions of privatizing Social Security are fantasies. We've already crossed the Rubicon with the 2% reduction in the F.I.C.A. tax. It was supposed to be temporary but it's rapidly becoming permanent. Increasing the general revenue funding is but a short additional step.
     As I have said before, the whole concept of Social Security comes from Otto von Bismarck in Germany. Social Security has survived in Germany since 1881 despite the devastating loss in World War I, the Great Depression which hit Germany as least as badly as the U.S., incredible hyperinflation, the rise of National Socialism, the devastating loss in World War II, the division of the Germany after the war, communism in the Eastern part of Germany and the eventual reunification of Germany. Yes, Germany's history, language and geography are different than ours but the two countries aren't as different as one might think. I can remember my father relating to me his experience as a G.I. in World War II. His service took him to England, France, the Netherlands and Germany. To his surprise, even though they had been his enemies and he could not speak their language, he found the Germans to be more like Americans than the people in any of the other countries he passed through. He felt more at home in Germany than in England. Social Security is just as secure in the U.S. as it has been in Germany for 131 years, regardless of the exact details of how it is financed.

Sep 11, 2012

Senate Subcommittee Schedules Hearing

     The Senate Homeland Security and Government Operations Permanent Subcommittee on Investigations has scheduled a hearing for September 13 to "examine issues related to the quality of disability benefit awards involving 300 case files of claimants under the Social Security Disability Insurance (SSDI) and Supplement Security Income (SSI) programs involving initial applications and subsequent levels of appeal." The Subcommittee is chaired by Senator Carl Levin of Michigan.

Continuing Resolution Introduced In House

     A Continuing Resolution (CR) has been introduced in the House of Representatives to fund government operations, including the Social Security Administration, through March 27, 2013. The House Appropriations Committee summary indicates that the operating budget of almost all federal agencies, including Social Security, will be reduced by 0.6% from the current Fiscal Year (FY) which ends on September 30, 2012.
     The CR itself in § 115(b) says that:
Of the amount made available by section 101 for ‘‘Social Security Administration—Limitation on Administrative Expenses’’, $483,484,000 is additional new budget authority specified for purposes of subsection 251(b)(2)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985.
     I don't know what this means.

Sep 10, 2012

Watch Out For Pete Peterson's Astroturf Attacks On Social Security Disability

     R.J. Eskow writing in the Huffington Post outlines the progress made by Pete Peterson who is spending a billion dollars on a campaign aimed in large part at cutting Social Security and Medicare. Peterson's favorite tactic is "astroturfing", that is giving his effort the appearance of being a popular grass roots organization even though it is little more than one man's well-funded obsession. Even the President's convention speech was influenced by Peterson's effort. 
     It looks as if Peterson has recently turned his attention to the Social Security disability programs. At least, there is every sign of a well-funded public relations attack on the Social Security disability programs and Peterson is far and away the most likely person behind it. The problem for those who support Social Security is that action is required by 2016 to avoid the disability trust fund running out of money. The fix is easy but Peterson will try to use this deadline as an opportunity to force cuts in Social Security.

Sep 9, 2012

Updated Fee Payment Numbers

     Below are the numbers on payments of fees to attorneys and others for representing Social Security claimants. These fees come out of the back benefits of the claimants involved. A fee is paid at about the same time as the back benefits are paid to a claimant who has been approved so this is an indication of how fast or slow that Social Security is processing claimants onto benefits after approval.

Fee Payments

Month/Year Volume Amount
Jan-12
29,926
89,749,312.99
Feb-12
43,946
134,207,416.10
Mar-12
47,376
139,571,577.57
Apr-12
38,239
113,225,483.07
May-12
37,648
112,446,283.39
June-12
43,816
128,559,225.66
July-12
33,342
97,458,955.82
Aug-12
41,441
119,484,061.59

Sep 8, 2012

Social Security Subcommittee Schedules Another Hearing

    The House Social Security Subcommittee has scheduled a hearing on September 14 at 9:30 a.m. This is an excerpt from the press release announcing the hearing:

... [M]any questions have been raised about the current DI program. These include: is the concept of disability that prevailed at the start of the program in 1956 still appropriate today given advances in medicine, rehabilitation, and the workplace? Are there ways to better support individuals with disabilities to stay in the workplace? Can the decision-making process be strengthened so that, when appropriate, awards are made as early as possible and decisions on applications and appeals are made with greater accuracy and consistency?
Increasingly, experts are researching these questions and developing proposed solutions. Employers are also finding new ways to retain in the workforce those individuals with disabilities who want to work. The imminent fiscal challenge facing the DI program has made discussion of these issues both relevant and timely for the final hearing of this series.