Oct 7, 2013

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.

Shutdown Roundup

     Today's shutdown roundup:
  • The House of Representatives unanimously passed legislation that would assure furloughed federal workers that they will be paid once the shutdown ends.
  • The government shutdown didn't just "happen." It was planned. Edwin Meese, believe it or not, led the planning. The Koch brothers are providing lavish funding for the effort which includes threats to Repulicans who oppose the crusade.
  • Polling shows that if an election were held today Republicans might lose control of the House of Representatives. However, an election isn't being held today and voters have short memories.
  • The Department of Defense is recalling most of its furloughed workers. No sign of any recall at Social Security.
  • Dan Balz at the Washington Post writes about the cultural divide behind the shutdown and how that divide threatens to cause additional trouble in the future.
  • Jonathan Chait writes on the dangerous flaw in the U.S. Constitution that has led to the shutdown. My takeaway: This shutdown must be completely crushed at all costs. No ransom can be paid. There must be a cost to be paid by those politicians who voted to create this crisis.  Otherwise, there is a serious threat that the U.S. Constitution will ultimately fail.

Oct 5, 2013

Boehner Plan: Keep Party Unified A While Longer Before Its Position Collapses

     From the New York Times:
The overarching problem for the man at the center of the budget fight [Boehner], say allies and opponents, is that he and his leadership team have no real idea how to resolve the fiscal showdown.
They are only trying to survive another day, Republican strategists say, hoping to maintain unity as long as possible so that when the Republican position collapses, they can capitulate on two issues at once — financing the government and raising the debt ceiling — and head off any internal party backlash. Republican lawmakers say Mr. Boehner has assured them privately that he will not permit a default.
     Marc Thiessen at the Washington Post characterizes the current situation as a "shutdown about nothing." Paging Jerry Seinfeld.