New HIV Listing Proposed

     The Social Security Administration has published a Notice of Proposed Rule-Making (NPRM) in the Federal Register to alter the listings for Human Immunodeficiency Virus (HIV) Infection disability claims. Anyone who wishes has until April 28 to file a comment on the NPRM.

Proposed Changes To Neurological Listings

     The Social Security Administration has published a Notice of Proposed Rule-Making (NPRM) in the Federal Register to change its neurological listing of impairments. As has been the case for some years now, the NPRM dramatically lengthens the preamble to the listings and tightens the requirements of the listings in numerous ways.

     As a comparison, the current listing for non-convulsive seizures requires that they occur "more frequently than once weekly." The proposed rule would require that the seizures occur "at least once a week." You look at that and think there's not much difference. You might think that if anything the proposed rule is less difficult to meet since it only requires that seizures occur weekly rather than more than weekly. However, ask anyone who suffers from epilepsy how often their seizures occur and they always say "They don't occur on any schedule." Let's say claimant A has 25 seizures in a three month time period but happens to have one week during this time during which he or she has no seizures. Claimant A meets the current listing but not the proposed listing. The current listing permits averaging. The proposed rule doesn't. That's a significant tightening.

     For another comparison, the proposed listing for multiple sclerosis qualifies the degree of disorganization of motor function needed to meet the listing by adding the word "extreme." There would have to be "extreme limitation" of motor function in order to meet the proposed listing. This is a major change even though, in effect, nothing of consequence other than one word has been changed.

     The public is allowed to comment on the NPRM. Social Security must consider the comments. The process takes a year or more at best. The history of these things is that Social Security blows off all comments based upon anything other than grammatical errors unless the comments come from some major organization focused on a particular disease and the comments are forceful and backed up with lobbying. Since most such organizations are focused on research and happy talk about employment opportunities and not on disability benefits, they either don't comment on the NPRM or offer weak comments and don't lobby. If that happens, the NPRM is adopted essentially intact and more people who suffer from seizures or MS get denied and become impoverished.

Additional Arrests In NYC

     The New York Times reports that 28 more have been indicted in New York on charges of Social Security disability fraud. They are alleged to have feigned mental illness in order to obtain benefits. As before, these are state charges instead of federal charges.

Staff Instructions On Priority To 100% Disabled Vets

     Social Security has released staff instructions on its plan to give priority in processing to the disability claims of veterans who have been awarded 100% permanent and total compensation by the Department of Veterans Affairs (VA). Am I reading this right that since it refers to "compensation" that it does not apply to veterans receiving non-service connected veterans "pensions" from VA? Those vets have also been found totally and permanently disabled by VA yet I think they are excluded under these instructions. The instructions could be clearer on this point.

Facts About Social Security Disability

More People Get On Social Security Disability Benefits For Fibromyalgia Than You Might Think

     From the abstract of Social Security Work Disability And Its Predictors In Patients With Fibromyalgia by Frederick Wolfe MD, Brian T. Walitt MD MPH, Robert S. Katz MD, and Winfried Häuser MD, published in Arthritis Care & Research, a publication of the American College of Rheumatology:

During the study, 34.8% (95% CI 32.9, 36.8) of fibromyalgia patients received SSD [Social Security Disability]. The annual incidence of SSD among patients not receiving SSD at study enrollment was 3.4% (3.0, 3.9%), and 25% were estimated to be work disabled at 9.0 years of follow-up. By comparison, the prevalence of SSD in rheumatoid arthritis patients with concomitant fibromyalgia was 55.6% (54.3, 57.0) and was 42.4% in osteoarthritis. By study conclusion, 31.4% of SSD awardees were no longer receiving SSD. In univariate models, incident SSD in patients with fibromyalgia was predicted by socio-demographic measures and by symptom burden; but the strongest predictor was functional status (Health Assessment Questionnaire disability [HAQ]).

Efforts To Prevent Or Detect Fraud

     Social Security's Acting Commissioner, Carolyn Colvin, has sent a letter to the Chairman of the House Social Security Subcommittee detailing her agency's efforts to prevent or detect fraud in disability claims. It sounds as if a fair amount of Social Security's scarce resources will be devoted to this effort. I expect that Republicans will be disappointed with the results since I expect that little organized fraud will be found.

Chained CPI Will Not Be In President's Budget

     The President's proposed budget for Fiscal Year (FY) 2015, set to be released in early March, will not include a change to Chained CPI for Social Security's cost of living adjustment. Chained CPI is strongly opposed by Social Security supporters. Take a look at Fox News' take on this announcement.