Three Notices In Federal Register

     Three notices from today's Federal Register:

I. This final rule adopts, without change, the interim final rule with request for comments we published in the Federal Register on January 12, 2012, at 77 FR 1862. The interim final rule modified our rules so that we may send a Ticket to Work (Ticket) to Ticket to Work program (Ticket program)-eligible disabled beneficiaries. Under our previous rules, we mailed initial Ticket notices to all Ticket-eligible beneficiaries immediately after they began receiving benefits, regardless of whether they were likely to participate in the program. This change did not affect Ticket eligibility requirements.

II. We are extending for 2 years our rule authorizing attorney advisors to conduct certain prehearing procedures and to issue fully favorable decisions. The current rule will expire on August 9, 2013. In this final rule, we are extending the sunset date to August 7, 2015. We are making no other substantive changes.

III. We are extending our pilot program that authorizes the agency to set the time and place for a hearing before an administrative law judge (ALJ). This final rule will extend the pilot program for 1 year. The extension of the pilot program continues our commitment to improve the efficiency of our hearing process and maintain a hearing process that results in accurate, high-quality decisions for claimants. The current pilot program will expire on August 9, 2013. In this final rule, we are extending the effective date to August 9, 2014. We are making no other substantive changes.

Like Chewing Styrofoam

     Words are important. They change the world by informing, inspiring and directing. However, they can also be empty and meaningless. That's the case with Facing the Challenges -- Envisioning the Future, a paper produced by the Social Security Advisory Board (SSAB). Reading this paper is like chewing styrofoam. It is packed with blindingly obvious advice. As an example, the paper recommends that "the plan for the placement of field offices, indeed any SSA facilities, should be proactive, flexible and have the ability to customize services to circumstances such as geographic location, the individuals who live in the service area, and any other contributing factors." I'm sure that Social Security's leaders will keep this masterpiece on their desks.

Why No Action On Same Sex Marriages?

     The Supreme Court ruled that the Defense of Marriage Act (DOMA), which prevented Social Security from recognizing same sex marriages, was unconstitutional on June 26, 2013. That was more than a month ago. While Social Security has sent out a press release saying it is "taking" claims for benefits based upon same sex marriages, it has instructed its staff to do NOTHING with these claims. How much longer will it be before Social Security starts to act on these claims? 

     The dodge of saying "we're taking claims" can't work much longer. Eventually, the main stream media will figure out that simply "taking claims" is meaningless. It's what you do with the claims that counts. Holding them for months and months is little different from denying them. The main stream media will be asking questions in the near future. The agency and the administration can't just think about this subject for the next six months or so.

An Eventful Career

     From the Norman Transcript:

In his tenure with the Social Security Administration in Oklahoma and western Arkansas, Dennis Purifoy has weathered turbulence and change and navigated tragedy and triumph.

He’ll step down from the agency Aug. 2 after 40 years. ...

As a claims representative in Stillwater, Purifoy intended to work for the SSA for a couple of years before pursuing other opportunities. After 40 years, he is glad he stuck around.

“From Stillwater to Shawnee and then Hot Springs in Arkansas, I’ve enjoyed my job every step of the way,” Purifoy said. “I was the manager in the Clinton office, where I was introduced to my wife, before I went to OKC and was there during the bombing before coming here (Moore).”

Purifoy was inside the Oklahoma City SSA office, where 16 employees were killed, when the Alfred P. Murrah Federal Building was bombed April 19, 1995. ...

“I wouldn’t call it a highlight, but, of course, it sticks in my memory,” Purifoy said, recalling the bombing. “That was a rough day, but,” he said, brightening, “we had the office open and serving people in Shepherd Mall, where it is today, in one month.” ...

That was not the last time Purifoy witnessed an emergency first-hand while at work. Four years later, he was conducting a pre-retirement class at the United Auto Workers Local 1999 union hall near the now-closed General Motors plant on Southeast 74th Street in Oklahoma City when it was destroyed by the May 8, 2003, tornado. ...

More On Astrue's New Job

     I don't want to get too deep in the weeds on former Social Security Commissioner Michael Astrue's new job with VIVUS but it looks like he was hired as part of the resolution of a shareholder lawsuit. It looks like the shareholders won and VIVUS' old management lost. It also appears that the shareholder lawsuit came about because VIVUS hasn't been doing so well.

Tests Extended

     From today's Federal Register:

We are announcing the extension of tests involving modifications to disability determination procedures authorized by 20 CFR 404.906 and 416.1406. These rules authorize us to test several modifications to the disability determination procedures for adjudicating claims for disability insurance benefits under title II of the Social Security Act (Act) and for supplemental security income payments based on disability under title XVI of the Act. ...

We are extending case selection for the prototype and the single decisionmaker tests until September 26, 2014.

     None of these "tests" ever work well enough to be made national but they never seem to end. Why?

Groups Push Social Security Expansion

     From CNN:

A coalition of progressive groups claiming to represent millions of Americans is planning a multi-state effort urging the expansion of Social Security benefits. The Progressive Change Campaign Committee (PCCC) and Democracy For America (DFA say they will be joined by several other groups including MoveOn.org in putting out a series of TV and online ads planned for the near future. ...

An email sent to the progressive coalition's supporters claims the bills would give Social Security beneficiaries an additional $452 per year by age 75 and $807 per year by 85.
The bill would also eliminate the cap on how much of individuals' earnings can be paid into Social Security. Currently, Social Security contributions are limited to the first $113,000 of income.

Eliminating that cap is aimed at making the wealthy "pay their fair share," the email says....

New Job For Astrue

     From a press release:

VIVUS, Inc. ... which recently began selling the obesity drug Qsymia (phentermine and topiramate extended-release) capsules CIV in the United States, today announced that its Board of Directors has appointed Michael Astrue to serve as its Chairman and Anthony Zook to serve as its Chief Executive Officer ...

Mr. Astrue said, "We intend to move quickly on our four main goals: 1) expand use of Qsymia through targeted patient and physician education; 2) find the right partner for Qsymia; 3) quickly create a pathway for approval in Europe; and 4) eliminate expenses that are not essential to expanding use of Qsymia....

     Astrue had worked in the biotechnology field before becoming Commissioner of Social Security.