Oct 7, 2013

Journalistic Ethics?

     Sixty Minutes had Jennifer Griffith and Sarah Carver speaking on camera about the alleged criminal behavior of Eric Conn without mentioning that Griffith and Carver are suing Conn in federal court seeking massive qui tam damages. Shouldn't that detail have been mentioned? Shouldn't Sixty Minutes have also mentioned that the federal government usually takes over meritorious qui tam actions but decided not to take over this qui tam action, which basically means that the federal government thinks that the charges made by Griffith and Carver can't be proven?

Why Is Eric Conn Operating Out Of Double Wides If He's Rolling In Dough?

     By the way, if Eric Conn has made such vast sums off representing Social Security disability claimants, why is he operating out of double wides? I know that Lincoln statue cost a fair amount of money and I know we're talking about an area where many, many people live in double wides but, still, why wouldn't he be operating out of decent office space if he's rolling in dough?

What The Debt Ceiling Showdown Is About

     From Jonathan Chait writing for New York Magazine:
[The Obama Administration sees] the debt-ceiling fight as being mainly about the long-term question of whether Congress will cement into place the practice of using the debt ceiling to extort concessions from the president. The price of buying off a debt-ceiling hike would surely be less than the risk of a default. But doing so would enshrine debt-ceiling extortion as a normal congressional practice. This both skews the Constitutional relationship between branches — allowing an unscrupulous Congress to demand unilateral concessions at gunpoint rather than having to compromise — and creates endless brinksmanship that would eventually lead to a default.

Didn't Know My Own Strength

     There's more at the CBS website on how brave they and Senator Coburn are to buck the powerful "disability industry."

SSA Tells Staff That Benefit Payments Not Assured In Case Debt Ceiling Reached

     An Emergency Message sent out by the Social Security Administration to its staff:
Instructions
If a member of the public asks whether their Social Security payment will be affected if the federal debt ceiling is not raised, you may give the following response:
      “Unlike a federal shutdown which has no impact on the payment of Social Security benefits, failure to raise the debt ceiling puts Social Security benefits at risk.”

Direct all program–related and technical questions to your supervisor.

Washington Times On Alleged Fraud

     The Washington Times has a story on today's scheduled Senate hearing on alleged fraud in the Social Security disability programs. Eric Conn and former Administrative Law Judge David Daugherty are scheduled to testify. There is supposed to be a report released today alleging fraud by these two. Why haven't they been indicted?

Oct 6, 2013

Getting Thrown Under The Bus

    The Sixty Minutes piece on the Social Security disability programs has run. It didn't seem fair or balanced to me that what I do for a living was represented solely by Binder & Binder and Eric Conn. I don't think that anyone familiar with this field of legal practice thinks that Binder & Binder (which isn't a law firm anyway) or Eric Conn is representative of Social Security attorneys. 
     I've never had a physician examining claimants in my office. I don't know anyone who does. That arrangement presents obvious credibility problems that seem to me to make doing it worse than useless. Why was this presented as if it were a common practice?
     I was displeased to see two Administrative Law Judges (ALJs) trying to throw Social Security disability claimants and their attorneys under the bus -- and the ALJs didn't even get to promote their government representative plan. I hope that they realize that throwing other people under the bus didn't make ALJs look good in anyone's mind.
     The biggest problem with the show is that it relied heavily upon Senator Coburn's report saying that he found that many Social Security disability recipients weren't disabled. Coburn's report never revealed who made those determinations that Social Security got it wrong. I think it can be taken for granted that the people making this determination for Coburn had an ax to grind but beyond that is the question of whether they were even familiar with the definition of disability in the Social Security Act and regulations. Clearly, Coburn has only limited familiarity himself. He wanted to emphasize that a claimant should be denied as long as they could do any job. No, it's any job existing in significant numbers in the national economy considering age, education and work experience. This is far from a trivial distinction since consideration of "age, education and work experience" play heavily in most disability determinations. Social Security isn't supposed to deny the claim of a retired coal miner because he can still be a nuclear physicist.
     There will be a Senate hearing tomorrow. I hope some Democratic Senators bother to show up and challenge Senator Coburn. I also hope the witness list is balanced, unlike this Sixty Minutes piece.

60 Minutes Piece On Social Security Disability Tonight

     Sixty Minutes will do a piece tonight on Social Security disability, apparently focusing on allegations of wrongdoing in Puerto Rico and West Virginia, linking those situations to the possible exhaustion of the Disability Insurance Trust Fund in 2016. Expect a fair and balanced report.
     @ccd4pwd will do a live tweet fact check on the 60 Minutes story.