Jan 28, 2013

ALJ Attitudes About Unemployment Benefits And Workers Compensation May Be Bias

     From Social Security Ruling 13-1p to be published in the Federal Register tomorrow: "Possible examples of allegations that the Appeals Council will refer to the Division of Quality Service include, 'the ALJ is biased against claimants who receive workers compensation benefits or unemployment benefits' and 'the ALJ shows prejudice toward women'.”

Sequestration Threat Having An Effect

     From the Washington Post (emphasis added):

The drastic $85 billion in automatic spending cuts Congress approved in hopes of heading off another deficit showdown may or may not occur, but federal agencies say the threat has been disrupting government for months as officials take costly and inefficient steps to prepare. ... 
Office of Management and Budget spokesman Steven Posner declined to comment on the planning costs. But Jeffrey Zients, the OMB’s acting budget director, warned lawmakers last summer that any planning “would necessarily divert scarce resources” from other important missions and priorities, “to say nothing of the disruptive effects this exercise would have” on federal workers and contractors. Any preparations “could inadvertently trigger some of the negative effects of sequestration even if sequestration never happens,” he said. ...
House Budget Committee Chairman Paul Ryan (R-Wis.) said Sunday that he thinks the cuts are inevitable ...
Some federal projects meant to improve public services have been stopped outright, and others have been abruptly delayed. The concern is that investing money now might be risky if it’s not there in two months. 

Thousands of backlogged cases at the Social Security office in Rochester, N.Y., will remain that way after a long-awaited plan to double the number of judges handling hearings and appeals was put on hold ...
“They came right out and told us, ‘We’d love to do it, but we don’t know if we’re going to have the money,’ ” employee Timothy Flavin recalled of the September decision.

Intellectual Disability Instead Of Mental Retardation

     From a notice in today's Federal Register:
We propose to replace the term ``mental retardation'' with ``intellectual disability'' in our Listing of Impairments (listings) that we use to evaluate claims involving mental disorders in adults and children under titles II and XVI of the Social Security Act (Act) and in other appropriate sections of our rules. This change would reflect the widespread adoption of the term ``intellectual disability'' by Congress, government agencies, and various public and private organizations.

Disability Claims Decline

From the Wall Street Journal:

Jan 27, 2013

Tone-Deafness

     From Paul Krugman, writing for the New York Times:
If you want to understand the trouble Republicans are in, one good place to start is with the obsession the right has lately developed with the rising disability rolls. The growing number of Americans receiving disability payments has, for many on the right, become a symbol of our economic and moral decay; we’re becoming a nation of malingerers. ...
What strikes me, however, isn’t just the way the right is trying to turn a reasonable development [the increase in disability rolls] into some kind of outrage; it’s the political tone-deafness.
I mean, when Reagan ranted about welfare queens driving Cadillacs, he was inventing a fake problem — but his rant resonated with angry white voters, who understood perfectly well who Reagan was targeting. But Americans on disability as moochers? That isn’t, as far as I can tell, an especially nonwhite group — and it’s a group that is surely as likely to elicit sympathy as disdain. There’s just no way it can serve the kind of political purpose the old welfare-kicking rhetoric used to perform.

Jan 26, 2013

Medical Expert Witness Handbook

     Social Security's handbook for medical expert witnesses at hearings before Administrative Law Judges is now available online. It was posted as part of a solicitation for medical expert witnesses.

Jan 25, 2013

First Report On Youth Transition Demonstration: A Complete Waste Of Money


     From a report by Mathematica Policy Research, a Social Security contractor (emphasis added):
The Youth Transition Demonstration (YTD) is a large-scale demonstration and evaluation sponsored by the Social Security Administration (SSA) to improve understanding of how to help youth with disabilities reach their full economic potential. In particular, SSA is interested in testing promising approaches for helping young people with disabilities become more self-sufficient and less reliant on disability benefits. The YTD conceptual framework, which was based on best practices in facilitating youth transition, specified that the six projects that participated in the evaluation provide employment services (emphasizing paid competitive employment), benefits counseling, links to services available in the community, and other assistance to youth with disabilities and their families. Additionally, the youth who received those services were eligible for SSA waivers of certain benefit program rules, which allowed them to retain more of their disability benefits and health insurance while they worked for pay. ...
In this report, we present first-year evaluation findings for the Career Transition Program (CTP), which served high school juniors and seniors, and youth who had recently exited school, in Montgomery County, Maryland. ...
CTP was well implemented, conformed to the YTD conceptual framework, and provided youth with services to help them graduate from high school, obtain employment, and matriculate into postsecondary education programs. The process analysis showed that CTP enrolled 89 percent of eligible youth in the program and provided services to virtually all of the enrollees. On average, enrollees received 28 hours of services, 36 percent of which were directly related to employment, such as job development. Another 42 percent of service hours were for case management to resolve barriers to employment and education. The impact analysis showed that youth who had been given the opportunity to participate in CTP were more likely to have used employment-promoting services than youth in a randomly selected control group. Nevertheless, we found no impacts of the program on employment during the year following the entry of youth into the evaluation. Neither did we find impacts on income, expectations, or a composite measure of school enrollment or high school completion. We conclude that CTP was no more or less effective than the programs and services available to control group members at improving these outcomes during the follow-up year.

Jan 24, 2013

"The Precise Timing Of His Return To Massachusetts"

     From the Federal Times:
For anyone who’s wondering, Social Security Administration Commissioner Michael Astrue remains on the job, even though his six-year term officially ran out last Saturday.
In an email today, SSA spokeswoman Kia Anderson cited the federal law that allows Astrue to stay until the Senate confirms his successor. Given that President Obama has yet to even nominate a possible replacement, Astrue could continue to lead the agency for some time to come. Also remaining in place is Deputy Commissioner Carolyn Colvin.
Astrue, a Massachusetts lawyer and published poet (how many top-level feds can claim that kind of resume?), was named Social Security commissioner by former President George W. Bush and has held the job since early 2007. In the email, Anderson noted that Astrue has said repeatedly that he would not seek reappointment to another term.
Because Astrue has not spoken with Obama “about the precise timing of his return to Massachusetts . . . ,” Anderson added, “it would be inappropriate to speculate about that subject.”