CALJ Charles Boyer 1950 - 2015

     Former Social Security Chief Administrative Law Judge Charles Boyer passed away on January 20.

Reno To Become Deputy Commissioner For Retirement And Disability Policy

     The National Academy of Social Insurance (NASI) announced today that its longtime Vice President for Income Security Policy, Virginia Reno, is leaving NASI to become Social Security's Deputy Commissioner for Retirement and Disability Policy. In previous testimony to the House Social Security Subcommittee she did not indicated support for cuts in Social Security disability benefits.

Social Security Headcount Gets Back To 2002 Level

The Office of Personnel Management (OPM) has posted updated figures for the number of employees at the Social Security Administration:

• September 2014 64,684
• June 2014 62,651
• March 2014 60,820
• December 2013 61,957
• September 2013 62,543
• June 2013 62,877
• March 2013 63,777
• December 2012 64,538
• September 2012 65,113
• September 2011 67,136
• December 2010 70,270
• December 2009 67,486
• September 2009 67,632
• December 2008 63,733
• September 2008 63,990
• September 2007 62,407
• September 2006 63,647
• September 2005 66,147
• September 2004 65,258
• September 2003 64,903
• September 2002 64,648
• September 2001 65,377
• September 2000 64,521

Senate Subcommittee Assignments

     The Senate Finance Committee, which has jurisdiction over Social Security has released its subcommittee assignments. The subcommittee assignments seem to be vastly less important in the Senate than in the House but here is the lineup for the relevant subcommittee:

Subcommittee on Social Security, Pensions and Family Policy

Republicans	Democrats
Dean Heller, Nev., Chairman	Sherrod Brown, Ohio, Ranking Member
Johnny Isakson, Ga. Pat Toomey, Pa.	Charles Schumer, N.Y.
Tim Scott, S.C

Big Downturn In Senior Attorney Decisions In Recent Years

     I had recently wondered about the state of the senior attorney advisor decision program at Social Security. The newsletter of the National Organization of Social Security Claimants Representatives (NOSSCR) (which is not available online) has some numbers on senior attorney advisor decisions:

• FY 2012: 37,423
• FY 2013 18,625
• FY 2014 1,872

ALJs Lose In Court Of Appeals

     The Seventh Circuit Court of Appeals has ruled against the lawsuit filed by the Association of Administrative Law Judges, a labor union, claiming that agency productivity guidelines interfered with ALJ independence. 

     I have always thought that the argument that encouraging greater productivity somehow forced ALJs to approve more claims was preposterous. For goodness sake, the ALJs don't write their decisions! 

     The agency has not always treated its ALJs with the respect they deserve but this lawsuit wasn't the answer. The ALJ Association would be on sounder ground if it stuck to issues like removing the decision writers from hearing offices. That's an issue where most people would agree that the agency's position is preposterous.

Skepticism Towards Recipients Of Government Assistance Clouds Judgment On Disability

     From an op ed piece in the L.A Times by Rourke O'Brien, postdoctoral fellow in population health at Harvard University:

[W]e must not let the rhetoric of fraud, abuse and “welfare queens” that accompanied the end of welfare as we know it in the 1990s frame the conversation [on the future of Social Security disability].

Americans generally are skeptical of individuals who receive government benefits, biased to think that they are undeserving. It may be our unyielding belief in everyone's ability to bootstrap his or her way to success through hard work or just the way we esteem self-sufficiency. In the context of cash welfare, research shows that this bias leads us to assume all benefit recipients are lazy. In the context of disability — where benefits are predicated on the existence of a qualifying health condition — our skepticism toward recipients of government assistance may influence the way we evaluate their health.
And new evidence suggests that it does just that.

As part of a nationally representative survey I conducted, about 1,000 individuals were asked to read several vignettes, each describing an individual with a health condition such as chronic back pain, depression or symptoms consistent with attention deficit hyperactivity disorder (for children).

Respondents were then asked to rate the severity of each condition and the degree to which they considered it “disabling.” Before reading the vignettes, the respondents had been randomly assigned to either a treatment or control group. After reading instructions for the study, those in the treatment group read an additional sentence noting that
individuals with disabilities may be eligible for government benefits.

The result? Respondents primed with a reference to government assistance were less likely to consider the health conditions described as severe or disabling relative to the control group. Just hinting at the existence of government assistance was enough to change their evaluation of health conditions. What's more, in follow-up questions, respondents in the treatment group were more likely to blame the individual for her health condition. ...

In efforts to paint some of those applying for disability benefits as undeserving, we tend to question both the severity and the legitimacy of the qualifying health condition. We tell ourselves they don't deserve assistance because the condition just isn't that bad, and regardless, they are to blame for their health problems anyway.

Field Office Hours Expanded

     A press release from Social Security:

Social Security announces as a result of Congress’ approval of the fiscal year 2015 budget, the agency will expand its hours nationwide and offices will be open to the public for an additional hour on Mondays, Tuesdays, Thursdays and Fridays, effective March 16, 2015.  A field office that is usually open from 9:00 a.m. to 3:00 p.m. will remain open until 4:00 p.m.  Offices will continue to close to the public at noon every Wednesday so employees have time to complete current work and reduce backlogs.

“This expansion of office hours reaffirms our commitment to providing the people we serve the option of top-notch, face-to-face assistance in field offices even as we work to expand online services for those who prefer that flexibility,” said Carolyn W. Colvin, Acting Commissioner of Social Security.  “The public expects and deserves world-class customer service and thanks to approved funding, I am pleased we will continue our tradition of exceptional service.”

In recent years, Social Security reduced public office hours due to congressional budget cuts, growing backlogs and staffing losses.  The agency began recovery in fiscal year 2014 by replacing some field office staffing losses and providing overtime support to process critical work.  With the commitment of resources in fiscal year 2015, the agency is able to restore some service hours to the public.