Oct 29, 2012

Office Closures Due To Hurricane

     From a Social Security website:
The following Social Security offices will be closed Monday, October 29, 2012:
All Baltimore, MD metro area offices [which includes the Office of Central Operations]
All offices on the Delmarva Peninsula
All Connecticut offices
All Massachussetts offices
All New Jersey offices
All New York City offices
All offices in the following New York counties:  Westchester, Rockland, Nassau and Suffolk.
All Philadelphia, PA area offices
All Rhode Island offices
All Washington, DC metro area offices [which includes the Appeals Council]

The following Social Security Office is closed until further notice:
Massachusetts
Roxbury
     By the way, what happened in Roxbury? That has to be more than the hurricane.

Oct 28, 2012

George Will Weighs In

     I don't even know where to start in writing about the latest column from George Will. It couldn't be more misleading or more full of hatred if it were written by Rush Limbaugh. Just read it yourself.

     Update: Let me start to respond to this garbage. Anyone who compares Social Security disability as it was in 1960 to what it is today is deliberately trying to mislead you. The Social Security disability trust fund was only created in 1957. In 1960, disability insurance was in its infancy and growing extremely rapidly since people were just discovering the existence of the program. (Believe me, even today, there are people who are surprised to learn that Social Security pays disability benefits.) The number of people  on Social Security disability benefits grew by 56% between 1960 and 1961 alone! The definition of disability was quite different in 1960, requiring that disability be permanent and that one be 50 or older to get benefits. Today's population is dramatically older than it was in 1960. The incidence of disability increases sharply with age. The aging of the baby boomer population has dramatically increased the number of Americans in their 50s and 60s who are in their prime years for onset of disability.
     By the way, I hope that George Will tells his friends who are approaching knee replacement surgery their pain is no reason for them to restrict their activities. I hope he tells the parents of a schizophrenic or the survivors of a person who committed suicide because of depression that mental illness isn't, you know, really real.
     The loony right and the supposedly respectable right are rapidly becoming indistinguishable.

     Further update: Will wrote another column recently in which he seems to have predicted violent revolution in the United States if Social Security as we know it and other similar programs are not terminated. He also calls for an end for representative government since it has led to programs he disagrees with such as Social Security. He quotes Macaulay as asking "On what principle is it that, when we see nothing but improvement behind us, we are to expect nothing but deterioration before us?" He then answers the question by saying, in effect, that "Of course, there's nothing but deterioration before us because the government is doing things I don't want it to do!" Will may be calling for a monarchy by next week.

$206,000 In Back Benefits

     From the Baltimore Sun:
Jim Nicholas lay in a hospital bed recovering after a heart procedure when his attorney called with life-changing news: The Social Security Administration would pay him more than $206,000 in disability benefits, bringing an end to his nine-year court battle.
The Dundalk couple was dogged throughout the process by denials and delays ...
Efforts to collect disability payments often turn into legal battles that critics say are stacked against the claimant. The agency denies an average of two-thirds of applications from low-income individuals who are disabled and more than half of claims submitted by disabled workers. And some administrative law judges are far less likely than others to approve claims. Then there's the wait.

Oct 27, 2012

What's At Stake

     From Talking Points Memo (TPM) (emphasis added):
A potential Mitt Romney presidency carries huge implications for the Supreme Court that have conservatives excited and progressives fearful about the future. ...
 Replacing even one of the liberal justices with a conservative, legal scholars and advocates across the ideological spectrum agree, would position conservatives to scale back the social safety net and abortion rights in the near term. ...
Roger Pilon, director of the libertarian Cato Institute’s Center for Constitutional Studies and a member of the Federalist Society, told TPM that one more solid conservative vote would pave the way for “fundamental shifts on the Court” toward “a revival of greater protection for economic liberty and a direct assault on the modern regulatory state.”
“If Romney were to appoint [conservative] justices and lower court judges, then we would see greater protection for economic liberty and greater scrutiny for regulation — whether they be environmental regulations, regulations for property rights, regulations for affirmative action, regulations of all sorts,” Pilon said. “That to my mind would be a return to the Constitution as it was originally understood prior to the New Deal constitutional revolution. And that is basically what the Tea Party movement has called for.”
The implication is that the Court would likely “chip away” at Congress’ power to compel states to participate in programs like Medicaid, and at the federal government’s power to erect national programs like Medicare and Social Security, Pilon says. “I expect that a Romney-appointed court would be more sympathetic to efforts to change the Medicare and Medicaid [and Social Security] programs because they’d come from that school of thought that says government has limited power.” ...
Randy Barnett, a constitutional law professor at Georgetown University and a leading architect of the legal challenge to the Affordable Care Act, told TPM that attacking the legal premise of Medicare and Social Security (which rest on the Constitution’s rarely questioned powers to tax and spend) would be “a much longer-term project.” ...
Cato’s Pilon believes that replacing one liberal justice with a conservative could pave the way for a slow return to the Lochner Era — a pre-New Deal period when the Supreme Court invalidated minimum wage and child labor laws as unconstitutional. ...

Oct 26, 2012

What Happened To Re-Recon And Senior Attorney Reviews?

     What's going on with re-recon (also known as informal remands) and senior attorney reviews? These have been efforts to cope with Social Security's backlog in hearing disability cases. Non-Administrative Law Judge personnel have done reviews after a request for hearing to see if the cases can be paid. My impression earlier in the year was that these cases were being reviewed under a standard that guaranteed that few would be approved. It seemed close to being a waste of time. Now, it seems like these reviews have slowed down. What's going on? Lack of staff to even do reviews? A decision that these reviews weren't worth the effort? Even more restrictive standards for approving a claim?

Oct 25, 2012

Watch Out Binder And Binder!

     From a press release:
Eric C Conn has opened a new office to handle Social Security disability claims in Beverly Hills, California.
 The opening of this new office will allow the Eric C. Conn Law Firm to represent Social Security disability clients nationwide. Now, with the Kentucky office and the California office, the Eric C. Conn Law Firm can go anywhere in the United States to represent Social Security disability claimants.
     You may remember Conn from the allegations made against him in the Wall Street Journal and in a bizarre "op ed" piece seen online recently or from Conn's bizarre advertising.
     You might wonder how Conn can claim that he can represent anyone in the country from offices in Kentucky and California. I don't know what Conn's plans are but I am aware of only two options: send someone out from one of your offices to represent the claimant at the hearing or find some local attorney who is hungry for work to show up at the hearing and pay him or her a modest fee. With only two offices, the latter would seem like the most likely choice for Conn. In either case, the attorney or representative meets the claimant for the first time on the day of the hearing.

How Many People Other Than Obama Think A "Grand Bargain" Is Feasible?

     In an interview with the Des Moines Register President Obama said that he was hoping for a "grand bargain" after the election that would include $2.50 of budget cuts for every dollar of tax increases which would reduce budget deficits by $4 trillion. He did not mention Social Security as a possible target for budget reductions but it is essentially impossible to get budget reductions that large without cutting Social Security.
     Richard Trumka, the head of the AFL-CIO, however, set down his marker in a Politico piece with the unambiguous title "Americans Don't Want Grand Bargain." Trumka says that he could not disagree more with cuts in Social Security and Medicare.

Oct 24, 2012

Why Hasn't Social Security Been A Campaign Issue?

     This is from Dean Baker, writing in The Guardian:
It is remarkable that social security hasn't been a more prominent issue in the presidential race. After all, Governor Romney has proposed a plan that would imply cuts of more than 40% for middle-class workers just entering the labor force. Since social security is hugely popular across the political spectrum, it would seem that President Obama could gain an enormous advantage by clearly proclaiming his support for the program. 
 But President Obama has consistently refused to rise to the defense of social security. In fact, in the first debate, he explicitly took the issue off the table, telling the American people that there is not much difference between his position on social security and Romney's. ... 
 Politicians, especially Democrats, who speak up for cuts to social security can count on lavish praise from the media. Political figures of no obvious stature, like former Louisiana Senator John Breaux or former Indiana Senator Evan Bayh, were lionized in the media for their willingness to cut social security benefits. After leaving the Senate, both took lobbying positions where they were almost certainly earning well over $1m a year. 
This is the fundamental economics of social security that explains why it has not figured more prominently in the presidential race. If President Obama were to rise in defense of the program, he could count on losing the financial backing of many supporters. He would also get beaten up by the Washington Post and other major news outlets for challenging their agenda.