Aug 29, 2013

Getting Harder, Not Easier

     From Disabled Worker Allowance Rates: Variation Under Changing Economic Conditions, Actuarial Note 153 issued by the Office of Chief Actuary, Social Security Administration.
     You can make of this what you will but anyone who says it's been getting easier to get Social Security disability benefits doesn't know what he or she is talking about. In truth, it's become significantly more difficult over the last decade.

Aug 28, 2013

Don't Even Think About It

     From the Atlanta Business Chronicle:
Federal employee and Conyers, Ga., resident Cordell Fleming pleaded guilty Tuesday in federal court to extorting money from people due Social Security benefits. ...
Fleming offered to “expedite” the processing time of SSI payments to SSI beneficiaries and SSI beneficiary payees in exchange for a fee. In an attempt to make the expedited SSI payments appear legitimate, Fleming frequently created false documents that purportedly justified the expedited disbursement of SSI payments.
During the course of the scheme from October 2012 to April 2013, Fleming extorted and attempted to extort money (in amounts ranging from $500 to $1,800) from at least nine SSI beneficiaries or their representative payees. ...

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.