Aug 27, 2013

Nine Meters Of Croissants A Minute And The DOT

     I recently interviewed a new client whose last job was with a commercial bakery. He only worked there for about three months. It was the first time in his life that he had worked in baking. He made croissants. I expressed surprise because I thought that making croissants required great skill. His response was basically, "No, they have a machine that makes the croissants. All I had to do was to put the dough in the machine." He's right. Croissant-making machines do exist. The Croissmat SCM is pictured to the left. It churns out croissants at nine meters a minute. That has to be a lot of croissants.
     Once I thought about it, the existence of croissant making machines fits in with my lifetime experience with croissants. They used to be hard to come by but when you got one it was a flaky, buttery delight. That was when croissants were made by artisans. Now you can buy croissants in bags of six at your local supermarket or get your chicken salad sandwich on a croissant in a restaurant but those croissants are but a pale reflection of the artisanal croissants of old.
     There is a more direct Social Security connection to this story. Social Security is relying upon the decades old Dictionary of Occupational Titles (DOT) for vocational information in making disability determinations even though everyone acknowledges that it is ridiculously out of date. I strongly doubt that croissant-making machines existed at the time the DOT was created.  Machinery has dramatically decreased the level of skill required to make croissants at the price of decreasing the quality of the product but in many, perhaps most, other cases, machinery has had the opposite effect of increasing the level of training required of employees while improving the quality of products produced. However, no one has a good handle on what the end result is for the number of jobs available for those at the lower end of the cognitive scale. People are being approved and denied for disability benefits based upon data that everyone knows is unreliable. We need a credible replacement for the DOT and we need it now. The replacement for the DOT has to deal honestly with the cognitive requirements of employment. My opinion is that Social Security is not doing right by people at the lower end of the cognitive scale. Social Security is acting as if there was no question about the existence of jobs in a wide range of exertional levels that can be performed by people who test out with an I.Q. between 60 and 80. I doubt it. Maybe a bakery could have a new employee operating that croissant making machine pictured above but could you trust an employee with an I.Q. of 65 to make nine meters of croissants a minute? Maybe, maybe not.

Aug 26, 2013

Appeals Council Status Report Now Available Online

     Over the weekend Social Security added an Appeals Council Status Report feature to its online system. This allows attorneys and others representing Social Security claimants to go online and obtain a report on the status of their cases pending at the Appeals Council. Much time has been wasted over the decades as attorneys called the Appeals Council to ask about the status of their cases. Why would attorneys call to ask the status so much? When you have a case that sits at the Appeals Council for a year and a half your client gets antsy and wants to know what's going on. Can you blame them? There's been nothing an attorney could do other than call the Appeals Council to ask what's going on. They never told you anything much but, at least, you could determine that the case was still pending.
     I hate to be ungrateful for the electronic help we're getting but when will we be able to get information on our cases pending at the initial and reconsideration levels and, for that matter, on cases that have been approved and are pending payment? I'm not telling people at Social Security anything they don't already know but extending the system to the initial, reconsideration and payment center levels would save everyone, particularly Social Security, a lot of time.

Aug 24, 2013

President's Management Agenda Website

    There is a "President's Management Agenda" website for Social Security that allows anyone to share ideas on management initiatives for Social Security. Anyone can vote on whether they think an idea has merit. The top ideas will submitted to the President's Management Council. This website is sponsored by the Social Security Administration even though it's not on ssa.gov.

Aug 23, 2013

Astrue Takes Another Biotech Position

     About a month ago former Social Security Commissioner Michael Astrue took a job as non-executive chairman of the board of Vivus, a biotechnology company. Astrue has now taken a position as interim CEO of InVivo Therapeutics, another biotechnology company. There is no sign that Astrue is resigning the Vivus position, which, being "non-executive", is presumably part time.

Aug 22, 2013

Watch Out For Walmart Debit Cards!

     My client wanted her Social Security benefits deposited to her Walmart debit card. After her disability claim was approved by Social Security, the U.S. Treasury tried to direct deposit her back benefits to the Walmart debit card. Unfortunately, Walmart limits each individual direct deposit to one of its debit cards to $7,000. My client's back benefits were more than $7,000 so the money bounced back to the U.S. Treasury delaying her receipt of the back benefits. Watch out on Walmart debit cards. They can cause problems for many people applying for Social Security disability benefits.

Aug 21, 2013

68 Arrests In Alleged Disability Fraud In Puerto Rico

     From the Wall Street Journal:
Federal agents arrested 68 people in Puerto Rico on Wednesday morning as part of an investigation into alleged abuse of the Social Security Disability Insurance program, two people familiar with the operation said. 
More arrests are expected. The bust appears to be one of the largest disability fraud cases ever assembled by federal investigators. 
The identity of those arrested couldn't be learned immediately. One person familiar with the arrests said it included two psychiatrists, one physiatrist, a secretary, and a person who works to help people win disability benefits. The person said the probe centers on alleged abuse of the federal program over several years that could have helped scores of people obtain benefits who should not have qualified.
     Update: From an Associated Press article:
Those charged include three doctors and 71 Social Security claimants accused of receiving more than $2 million in disability benefit payments. But the biggest haul allegedly went to a former Social Security worker accused of taking $2.5 million while directing claimants to doctors who would file false claims. ...
The former Social Security worker claimed to help clients seeking benefits and directed them to doctors who would earn up to $500 for each fake claim, said Ed Ryan, New York-based special agent in charge of the Inspector General's office of the Social Security Administration's investigations office.
Rodriguez said agents took videos of people that belied their claimed ailments. She said one who claimed back problems was a gym owner who posted a picture of himself on Facebook lifting a girl above his head. ...
Rep. Sam Johnson, a Texas Republican and the Social Security chairman of the Ways and Means Subcommittee, said he will discuss the Puerto Rican case during a September hearing.
"Clearly this isn't a case of just a few bad apples," he said in a statement. "That such fraud could occur in the first place raises serious and troubling questions regarding Social Security's management of the disability program."

AFGE Newsletter

     The American Federation of Government Employees (AFGE) union local that represents most Social Security employees has gotten around to issuing its first newsletter of the year. The tone of the newsletter could be a bit less antagonistic toward the agency than prior newsletters. If so, that might be related to the departure of Michael Astrue as Commissioner of Social Security.