Jan 16, 2014

Did Social Security's Own Office Of General Counsel Decline To Prosecute NY Fraud Cases?

     In her written statement at today's House Social Security Subcommittee hearing, Acting Social Security Commissioner Colvin said that "In cases where Federal prosecutors do not take action on fraud cases presented by the OIG [Office of Inspector General], our Office of the General Council agency attorneys may prosecute these cases instead."
     Does this mean that it wasn't just the U.S. Attorney for the Southern District of New York who refused to prosecute the alleged disability fraud in New York City, that OIG had to shop these cases around to the state District Attorney because Social Security's own Office of General Counsel also refused to prosecute the cases?

Get Your Own House In Order

     A quote from the opening statement of Sam Johnson, the Chairman of the House Social Security Subcommittee, at today's hearing:  "The public is fast losing faith in Social Security, and I don’t blame them, because I have too."
     No, Representative Johnson, no matter how much you wish it were the case, the public isn't losing faith in Social Security. Alleged fraud by a few people isn't going to do that. And, no, Representative Johnson isn't losing faith in Social Security because of these allegations. He's crowing over them since he thinks he can use them as ammunition in the pointless Republican fight against Social Security. Republicans have been losing that fight for nearly 80 years now. A few fraud allegations isn't going to turn the tide in that battle.
     It's worth noting that it is a fact that the public is fast losing faith in Congress.

Today's House Social Security Subcommittee Hearing

     Patrick O'Carroll, Social Security's Inspector General, and Carolyn Colvin, Social Security's Acting Commissioner, will be testifying at today's hearing before the House Social Security Subcommittee on the alleged disability fraud ring in New York city. 
     The Chairman of the Subcommittee is planning to call for a review of Social Security's management structure. That may be a good idea but I have no idea what it has to do with the fraud allegations.Such a review would make more sense after a new Commissioner is nominated and confirmed.
     By the way, I hope someone asks the Inspector General why these cases aren't being prosecuted by the U.S. Attorney. I think that subject deserves exploration. It's certainly surprising and raises questions about the strength of these criminal cases.

Jan 15, 2014

When Will New Commissioner Be Nominated?

     The President is to make a "personnel announcement" this afternoon. It could be the nomination of a new Commissioner of Social Security but I wouldn't bet on it. There's been no sign that a new Commissioner will be nominated anytime soon. 
     Social Security has been operating with an Acting Commissioner now for about 11 months. It's time for the President to act.

Target Security Breach Affecting Social Security Recipients

     From WVEC:
The Target security breach may just be the tip of the iceberg. It now appears it's also affecting those who collect Social Security.
When you qualify for Social Security you receive a pre-loaded debit card [if you don't already have an account of your own]. It allows users to pay bills, buy groceries and withdraw cash.
If you used your Social Security US Direct Express debit card during the Target security breach, expect a call from your bank. That call will likely inform you that a new card is on the way. But in that 7-10 day period it takes to receive that new card, some accounts may be frozen.
Many of these card holders rely solely on the money they collect from Social Security so
not being able to access that money could pose a hardship.
     Query: Will the banks notify Social Security or the Treasury that the account numbers of these individuals have been changed? I'll guess that the answer is no. Will the banks warn recipients of government benefits that they need to notify the government that their account number has been changed? Again, I'll guess that the answer is no. If no one notifies the government, are the banks going to bounce Social Security payments back to the Treasury? I'll guess yes to this question. I hope my guesses are wrong because if my guesses are correct this will be a real mess.

Unemployment Offset Stalled -- For Now

     At the moment the bill to extend emergency unemployment benefits is stalled in the Senate. Even if the Senate could pass the bill, it faces an uncertain future in the House of Representatives. The Senate bill included a new offset that would reduce Disability Insurance Benefits under Title II of the Social Security Act by any unemployment benefits received. Even if the bill to extend emergency unemployment benefits cannot be revived, there's a good chance that the unemployment offset will come to Social Security eventually. It would save only a small amount of money, it would be difficult to implement and its fairness is debatable but the proposal has great superficial appeal and few opponents.

Jan 14, 2014

Appropriation Coming Soon -- Expect Service To Get Worse

     You may have heard that there was a "budget deal" in December and thought that it took care of the Social Security Administration. If so, like the vast majority of Americans, you don't understand the way Washington works. A "budget" just sets the top line numbers, that is the total amount to be appropriated and the share going to broad categories of spending. It's the appropriations bills that actually give agencies money to spend. The federal fiscal year began on October 1, 2013. Since the government shutdown ended, agencies have only been permitted to spend money under a "Continuing Resolution", knows as a "CR.". Under the CR, agencies can only spend at the rate they were spending in the prior fiscal year.
     It looks like we'll get something called the Consolidated Appropriations Act, 2014 passed by Congress and signed by the President by the weekend. Here's the House Appropriations Committee's summary of the Social Security Administration provisions of this bill:
Social Security Administration (SSA) – The bill includes $11. 7 billion to administer SSA activities, which is a $265 million increase above the fiscal year 2013 enacted level. This level is sufficient to allow the SSA to continue prompt processing of Social Security checks and claims , and will help ensure that all eligible recipients get their benefits on time and in the proper amount. Within the total, the bill devotes $1. 2 billion to program integrity activities to ensure that disability and other benefits are properly paid.
     Social Security had asked for $12.3 billion. The $1.2 billion for program integrity is the same amount that Social Security had asked for. Even the amount in the President's recommended budget, which was somewhat less than what Social Security had asked for, assumes continued deterioration of service at Social Security. Here's some data from the President's budget proposal:
Key Performance Targets:
  • Initial Disability Claims Completed (thousands) FY 2012 3,207, FY 2013 2,970, FY 2014 2,851;
  • Reconsiderations Completed (thousands) FY 2012 809, FY 2013 803, FY 2014 725;
  • SSA Hearings Completed (thousands) FY 2012 820, FY 2013 836, FY 2014 807;
  • Average Speed of Answer (ASA) [on Social Security's 800 number] (seconds) FY 2012 294, FY 2013 455, FY 2014 482
     Since the amount in the appropriation bill to be passed is significantly less than the President's proposal, we should expect a significantly greater degradation in service.
     I find it frustrating that so little attention is paid to Social Security's appropriation while enormous attention is paid to the chained CPI debate, if you can call it that. I wish the President had never talked about chained CPI but there isn't now nor was there ever the slightest chance that chained CPI would come to pass. However, a dramatic decline in public service at Social Security that is actually happening draws almost no national attention. Appropriations must seem so abstract if you don't personally deal with Social Security's operating components.

Challenges At Social Security

     From a report by Social Security's Office of Inspector General on the agency's Major Management and Performance Challenges:
While SSA made progress in FY 2013 in addressing these challenges, some improvements are needed.
  • While SSA had a plan to eliminate the hearings backlog by 2013, the number of pending cases has increased, and the average processing time remains above the 270- day goal
  • SSA needs to address millions of initial disability and reconsideration claims, as it still has backlogs of initial disability claims and continuing disability reviews.
  • SSA is one of the Federal agencies with a high amount of improper payments. SSA will need to take additional actions related to reducing improper payments. ...