Emergency Message On Radford v. Colvin

     Social Security has issued an Emergency Message concerning the decision of the 4th Circuit Court of Appeals in Radford v. Colvin. Emergency Messages generally don't address real emergencies. They're just the agency's way of issuing instructions to its staff. Apparently, an Acquiescence Ruling on Radford is forthcoming. I'm proud to say that Charlotte Hall of my firm represented the claimant in Radford. By the way, despite the similarities in our names, Charlotte and I are not related.

Glad To Have One Champion In The Media

     Michael Hiltzik takes on a conservative who tries to prove that paying Supplemental Security Income (SSI) disability benefits to children displays "contempt for the underprivileged" and that cutting these children off disability benefits is the "compassionate" thing to do.

Where Service Is Headed At ODAR

     It's 109 miles from Deland, the county seat of Volusia County, Florida to Jacksonville, FL yet some of Social Security's Administrative Law Judges have thought that was a reasonable distance to ask a claimant to drive for a hearing. The claimants have been willing to travel to Orlando which is much closer for them but, apparently not for Social Security.

What A Blindingly Obvious And Blindingly Stupid Idea

     From the Washington Post's Wonkblog:

Reps. Tom Cole (R-Okla) and John Delaney (D-Md) introduced a bill Friday that would create a bipartisan commission to improve Social Security. 

Cole, a senior Republican on the House Appropriations Committee, is partnering with Delaney, a junior member of the House elected in 2012, to propose a 13-member Social Security Commission that would have a year to come up with a list of recommendations for improving the program. As it stands, the Social Security Administration has enough funds to pay full benefits through 2033, according to the latest trustees report.

     I call this a blindingly stupid idea because there is zero chance any such commission could reach a consensus and zero chance that this Congress would approve the recommendations of a divided commission. All this could produce is pointless controversy. No Democrat will vote for benefits cuts. No Republican will vote for either tax increases or benefits cuts. And that includes these two Congressmen who apparently believe some magician can come up with another way. They may even be dumb enough to think that private accounts will save Social Security! Any diversion of Social Security revenues to private accounts just makes whatever funding problems there are worse. Anyone who studies the matter for more than 30 seconds realizes that.

Vision 2025 Gets Media Attention

VA Secretary Resigns Over Backlogs

     The Secretary of the Department of Veterans Affairs has resigned because VA employees were found to have been playing games to make their agency's backlog stats look better than they actually were. I don't think that there's been any serious game playing like this at Social Security, at least not at the macro level. The problems lie more with the fact that no one with any current power is excited about the growing backlogs at Social Security. 

New Diabetes Ruling

     Social Security will publish a new Ruling on diabetes in the Federal Register on Monday. You can read it today. At first glance, it seems to break no new ground for adult disability determination. For children, maybe.

What It's Like

     Here are three examples to give you an idea of what it's like dealing with Social Security these days. These examples may give readers an idea of why I think that the agency needs a greater number of well trained employees, not fewer. Once things get off the beaten track at Social Security for whatever reason, it takes forever to get things sorted out.

• Claimant gets approved by ALJ. No money is paid. We call the field office. The field office politely asks why we would be calling about payment in the case since the ALJ denied the claim. We politely tell them that, no, it was approved. They look and see that we're telling the truth, that it was approved. Someone just entered it wrong in the database. The hearing office tells us that it will be difficult to correct the mistake. I have little confidence that it will be corrected in the near future.
• We have to file a fee petition. It's approved. When nothing has been paid after a couple of months, we call the payment center. They say, yes, that it was approved but no one at the hearing office told them about it. They ask us to give them a month or so and they'll try to get it paid. I'm not confident this problem will be solved in a month.
• Claimant approved for benefits last December. She's paid. The attorney fee is paid. We close the file. The client calls back recently saying she's just gotten a notice that her Medicare has ended. We ask her to send us a copy of the notice and we'll look into it. She calls back the next day saying she's gotten a notice saying that her monthly checks have been cut off and that everything she's been paid is an overpayment. She sends us a copy of all this and it's as she says. No explanation is given. To repeat, there's no explanation whatsoever. There's just a curt demand that she immediately pay back all the money she's received. Before we can do anything she calls in to say that she's talked with the field office which says that maybe her earnings record has gotten mixed up with someone else's but that's just a guess. That sounds like a good guess since earnings showing up on her earnings record might explain the benefits being cut off and the overpayment notice but it doesn't explain the lack of due process. The client says she hasn't worked since the date she was found disabled. I'm pretty sure she's telling the truth. My guess is that I may not even know for sure what's going on any time soon. Meanwhile, the client isn't being paid.