Have To Ask The Question

     If it's a form of discrimination for an Administrative Law Judge (ALJ) to deny disability claims because claimants have received unemployment insurance benefits, why is it that Social Security provides information to ALJs showing which claimants have been receiving unemployment insurance benefits?

Stay Classy AFGE

     From the Federal Times:

 “I’m pleased that [Astrue's] leaving,” said Witold Skwierczynski, president of the union council that includes SSA [Social Security Administraton] locals, said in a phone interview. In a letter to the White House earlier this month, Skwiercyznski said, the union asked Obama to name either SSA Deputy Commissioner Carolyn Colvin or Nancy Altman, co-director of the advocacy group Social Security Works, as the next commissioner.

     This is the first that I've heard of AFGE expressing an interest in Carolyn Colvin becoming Commissioner. I doubt that the union would have a problem with James Roosevelt or Earl Pomeroy, the other announced candidates for the job, but their names aren't mentioned.

Gave It A Try But Struck Out

     It looks like Social Security lobbied to get an additional appropriation for itself in the $51 billion Hurricane Sandy supplemental appropriation bill but struck out. The agency did get permission to transfer $2 million (page 18) from the special economic stimulus appropriation given about three years back for technology improvements. Not all of that special appropriation has been spent yet since much of it is going for the new national computing center which is still under construction. Several of Social Security's offices were damaged by the storm. A large program service center was down for several days. Overtime is needed to make up for workloads not processed during the downtime. Asking for money in the supplemental appropriation was no stretch. I doubt that $2 million comes close to Social Security's costs as a result of Sandy. The agency certainly needs that $2 million for technology. In normal times, a little money to help Social Security with its disaster related costs would have been no big deal. Now, the agency gets the cold shoulder.

Don't Want To Seem Impatient But When Next Month?

From: ^Commissioner Broadcast
Sent: Monday, January 28, 2013 3:20 PM
Subject: COMMISSIONER'S BROADCAST--01/28/13

A Message To All SSA And DDS Employees

Subject:  Massachusetts

I wanted you to hear from me that I will be submitting my resignation to President Obama next month.

I will have more to say as we get closer to my last day, but I consider it a great privilege to have led this remarkable agency for six years.  I am very proud of all that we have accomplished in that time to reduce backlogs, improve service, adopt efficient cutting-edge technology, replace fraying infrastructure, and prepare our next generation of leaders for the challenges to come.

Laura, Maggie, and I started moving our summer clothes and books back to Massachusetts over the holidays and we expect to be back home soon.  I will be starting jury duty in Middlesex County shortly after I leave, but otherwise have not made plans.  I am still passionate about public service, teaching, literature, and curing diseases, and hope to find new ways to continue pursuing those interests.

I feel truly blessed.  I am more grateful than I can convey for the skill and dedication of the hundreds of civil servants and political appointees—Republican and Democratic—who have worked closely with me over the past six years.  I have witnessed the same expertise, compassion, and commitment to excellence in my travels outside of our Woodlawn headquarters.

I am confident that you will give Carolyn Colvin and future Commissioners the enthusiastic support that you have always given me. I will miss you and will always be rooting for you.

Thank you.

Michael J. Astrue

Commissioner 

     And here's a link to a press release that talks about Astrue's impending departure from Social Security. This gives information about accomplishments that Commissioner Astrue takes pride in, such as:

• He has served longer than any Republican Commissioner and longer than any Commissioners except Arthur J. Altmeyer (1940-46) and Robert M. Ball (1962-73).
• Adopted fast-track procedures for the 6% of the disability claimants who are most obviously disabled;
• Reduced the time to a disability hearing from about 540 days to about 360 days in an era of rapidly rising claims and dwindling budgets;
• Replaced the fraying data center with a state-of-the-art facility due to open next year and built a second co-processing center that can continue operations in the event of a disaster;
• Developed a suite of electronic services that are rated the best in government;
• Developed the federal government’s first interactive suite of Spanish services;
• Updated most of the agency’s medical listings and entered into a partnership with the Bureau of Labor Statistics to replace the antiquated vocational tool used for disability determinations;
• Created the online Retirement Estimator, which allows Americans to better plan for retirement by obtaining personalized information about their projected retirement payments;
• Improved the quality of disability decision-making through better staffing, training, and software support; and
• Spearheaded “plain language” efforts for the annual reports on the financial status of the Medicare and Social Security programs.

" A Dearth Of Staff To Perform Checks"

     From Yahoo News:

U.S. Sen. Bob Casey says a pilot program designed to prevent criminals from becoming managers of a person's Social Security benefits has screened out dozens of people convicted of fraud and violence.

The Pennsylvania Democrat now wants the Social Security Administration to expand and improve the initiative, which was launched last summer in five states and Washington, D.C., after a convicted killer on parole in Philadelphia allegedly kept several mentally disabled people captive while cashing their benefits checks. ...

Under the program, Social Security offices in the Philadelphia region instituted a new policy that barred people convicted of certain crimes — including sex offenses, theft, forgery and abuse — from serving as payees. Applicants were asked specific questions about past criminal behavior and agency employees used an in-house database to cross-check convictions.

Through Jan. 23, 100 people were rejected from becoming payees, Casey said. ...

Social Security Administration spokesman Mark Hinkle has previously said key stumbling blocks to more vigorous screening are the agency's lack of access to government databases with criminal background information and a dearth of staff to perform checks on each applicant.

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.