D.C. Area Offices Closed Monday

     Washington area federal offices will be closed on Monday due to a predicted snowstorm. This has been a terrible year for these closures. These delay many things at Social Security but for me the most prominent delays are in implementation of disability claim approvals. I don't live there but I don't remember many years with more weather closures.

OIG On Representation At Initial And Recon Levels

     Social Security's Office of Inspector General (OIG) has issued an audit report on Claimant Representation at the Disability Determination Services Level. They reviewed 379 cases involving representation. Their findings were that in:

• 84, we found no evidence that the representative assisted with the claim;
• 154, the representative assisted with filing the claim, but did not assist the DDS with claim development in the disability determination; and
• 141, the representative assisted throughout the claims process

      The report does not describe how it decided whether a representative had assisted with the claim or assisted DDS with claim development. 

     How would OIG know whether the attorney or representative had assisted the claimant with setting an appointment to file a claim or with completing claim paperwork? 

     Much of the time, the most important thing an attorney can do is simply to encourage the claimant to get on with it. Most claimants delay filing a claim because they keep hoping to get better. This may be appropriate for a few months but eventually it's just procrastination and the claimant needs encouragement. I don't see how OIG would know about this sort of encouragement which can be of considerable value to the claimant. 

     There's also the efforts that attorneys and other representatives make to prevent things from falling between the cracks at Social Security. It's not rare for a claim to be filed but go astray somewhere at Social Security. Without representation, nothing happens. Eventually, the claimant returns to Social Security some months later. The assumption is made that the problem happened because the claimant failed to complete the claim process and a new claim is taken. Sometimes it's the claimant's fault. Sometimes it's true that the claimant never completed the process but Social Security never warned the claimant that there was a problem. The process is complicated enough that it's not hard for someone who's sick to fail to do all that was expected of them even though they were trying. Sometimes the problem is wholly Social Security's fault. (Please, if you work at Social Security, don't tell me this never happens. I know better. Claims get sidetracked all the time. Sometimes they reappear months later. Sometimes they never re-emerge without external prodding.) A good attorney or representative straightens out these problems. Would OIG have been aware of this sort of work done by an attorney? I doubt it. 

     In terms of medical development at DDS, there's little point in the attorney or other representative duplicating DDS' effort. There's a role for the attorney or representative but in many cases, there's nothing the attorney or representative can do that helps the claimant -- and the point of representation is to help the claimant, not Social Security.

     My view of representation at the initial and reconsideration level is that it usually doesn't involve that much work but the chance of getting a fee is low and the fee, if I do get one, is usually modest. It's a relatively low return for a relatively low effort. If OIG thinks that representation at the initial and reconsideration levels is so remunerative, why is it that most attorneys and representatives avoid this sort of representation?

Interesting

     From Roll Call:

House Budget Chairman Paul D. Ryan has said he wants the Ways and Means Committee gavel next year, but the Wisconsin Republican will face a challenge from Rep. Kevin Brady, R-Texas.

Brady, the current chairman of the Joint Economic Committee, told columnist Al Hunt in an interview that will air Friday evening that he wants the top slot on the Ways and Means Committee, where he is currently the No. 2 Republican.

Reigning Chairman Dave Camp, R-Mich., must relinquish his title next year due to term limits.

     Ways and Means has jurisdiction over Social Security. I don't know that either is better or worse for Social Security. Ryan certainly has a higher profile.

Annual Statistical Supplement Issued

     Social Security has issued its Annual Statistical Supplement for 2013. This is crammed with all the statistical information about Social Security benefits you could ask for. Unfortunately, it contains only limited information about the operations of the Social Security Administration itself. Want to know how many people are drawing U.S. Social Security disability benefits and living in the nation of Lebanon? It's 27. Want to know what percentage of appeals are approved by Social Security's Administrative Law Judges? You won't find it in the Annual Statistical Supplement. Which piece of information is of more interest?

Awesome Social Security Disability Survey

Social Security has put out on Twitter an online survey on its Social Security disability program. Take it yourself. And then comment here.

Lots Of Allegations Of Fraud But Almost No Prosecutions

     This is an excerpt from Acting Commissioner Colvin's written testimony given to the House Social Security Subcommittee today:

In fiscal year ( FY ) 2013, we made over 22,500 disability fraud referrals to the OIG [Office of Inspector General]; the OIG opened about 5,300 cases based on these referrals. To date, the OIG has referred over 100 of these cases to United States Attorneys’ Offices for criminal prosecution.

     If I understand this correctly, about 77% of the time when OIG is sent a disability fraud referral, OIG immediately decides that the fraud allegation has no merit and refuses to even open a file. Even when OIG opens a file, there's only a 1.8% chance that OIG will refer the case for criminal prosecution. In the end, 99.6% of the time that a disability fraud referral is made, OIG decides not to recommend prosection. Left unmentioned is the fact that even when OIG recommends prosecution sometimes the United States Attorneys refuse to prosecute the cases.
     This can be interpreted in different ways but it's a fact that while there's a lot of disability fraud being alleged, only a tiny, tiny percentage of those allegations result in prosecution.

Social Security Subcommittee Hearing Today

     The Social Security Subcommittee of the House Ways and Means Committee will hold a hearing today at 10:00 EST on "Preventing Disability Scams." Social Security's Acting Commissioner, Carolyn Colvin, will testify. The Subcommittee will also hear from J. Matthew Royal who is Vice President and Chief Auditor for the Unum Group (a large insurance company which writes most private long term disability insurance in the United States), William B. Zielinski who is Social Security's Deputy Commissioner of Systems and Chief Information Officer and Alan R. Shark who is a Fellow of the National Academy of Public Administration.

Alleged Arizona Bomber Will Be In Prison For a Long Time

     On November 30, 2012 a small homemade bomb was set off outside the Casa Grande, AZ Social Security field office. Fortunately, no one was injured. Abdullatif Ali Aldosary has been accused in the bombing. Apparently, that charge is still pending but Aldosary has now been convicted on charges of being a felon in possession of firearms and ammunition and sentenced to ten years in prison. The firearms and ammunition were found when Aldosary was arrested on the bombing charge. Aldosary is also facing a separate charge of murdering a man on November 27.