Mutually Exclusive Goals

     I watched today's hearing before the House Social Security Subcommittee on the impending shortfall in the Social Security Disability Trust Fund. I noticed that Republican members were insistent on two points. One was that Social Security disability recipients should know that Congress won't allow their benefits to be cut. The other was that there must be no transfer of funds from the Retirement and Survivors Trust Fund to the Disability Trust Fund. However, these are mutually exclusive goals, unless we increase taxes and I don't think the Republican members will agree to that. 

     So what is the Republican plan? They're the majority party in Congress. They can't just sit back and criticize the plans that others come up with. They need a plan of their own. I look forward to reading the plan that meets both their goals.

You're Not Likely To Get What You Want When You're Afraid To Even Say What You Really Want

     Here's the witness list for the 2:00 hearing today before the House Social Security Subcommittee on "the financial status of the Disability Insurance (DI) and Old Age and Survivors Insurance Trust Funds, and the available legislative options to ensure full DI benefits continue to be paid":

• Charles P. Blahous III, Ph.D., Public Trustee, Social Security and Medicare Boards of Trustees
• Ed Lorenzen, Senior Advisor, Committee for a Responsible Federal Budget
• Webster Phillips, Senior Legislative Representative, National Committee to Preserve Social Security and Medicare

     It's Orwellian for the Republican majority to talk about wanting to assure that "full DI benefits continue to be paid" when it's clear they want dramatic cuts in DI. I suppose this language suggests that Congressional Republicans realize that they don't have public support for significant cuts in DI.

Spending Too Much Time Reading POMS

     Laurence Kotlikoff has a list of 10 Social Security Rules That Are Insane, excerpts from Social Security's Program Operations Manual Series (POMS):

• “Even if we caused the (benefits) overpayment, you must show that you are without fault.”
• Cash benefits for disabled workers end “the month before the month you die.”
• “The lump-sum payment cannot be paid on the earnings record of a worker who dies in or after the month we receive notice of deportation or removal.”
• "What does ‘actually paid’ mean? Actual payment occurs when you are actually paid.”
• “Third parties may assist a claimant when completing the (online) application, but the claimant must be present to select the ‘Submit Now’ button.”
• “The illegality of an activity does not prevent it from being a trade or business. For example, professional gamblers, bookies, etc. may be engaged in a trade or business. If you’re in this category, you are considered self-employed and are required to report your income and pay self-employment taxes.”
• “We may always make a new initial determination whenever a change occurs in the factual situation despite how much time elapses from the date of that change.”
• “The fact that we determine that a claimant meets the requirements for entitlement does not preclude us from making another determination that the claimant no longer meets those requirements at some subsequent date.”
• “In a disappearance case where the body is not recovered, you must clearly prove the death of the missing person. Submit all available evidence, including: statements of persons having knowledge of the situation; (or) letters or notes left by the missing person that have a bearing on the case.”
• Social Security representatives are instructed: “Do not attempt to explain the rationale for any particular operational guidelines, nor go to any great lengths to justify them.”

     Remember, it's his list, not mine.

Binder And Binder Struggling To Stay Afloat Even In Bankrutpcy

     This is an article on Law 360 dated February 11:

Social security disability firm Binder & Binder LLP asked for approval of a new $6 million loan on Tuesday as it navigates through the Chapter 11 process, claiming that its existing lenders would rather see the company liquidate than allow it to restructure. 

 Binder & Binder ... says that its existing loan has hamstrung its ability to intake new clients at a sufficient clip and keep the business afloat as federal disbursements have slowed under new government scrutiny. The firm asserts that new financing terms would be the only way for it to avoid liquidation, given the harshness of its current loan. ...

But the $6 million loan, which would be obtained from Stellus Capital Investment Corp., comes with the stipulation that Stellus gets the first lien position on all of Binder & Binder’s assets. The disability firm said it has shopped around and there is no “middle ground” in that regard. ...

Binder & Binder said that the slowdown in social security disability and veterans’ benefits has sapped its cash flow. It described the firm as being at a “critical juncture,” lacking the funds to pay its next payroll on Feb. 17, 2015. ...

Despite a prohibition on new advertising, one of the terms of its current loan, Binder & Binder said it is still handling approximately 1,000 new social security cases each month, and needs to keep its staff levels up to maintain the business. ...

Class Action On Old Overpayments

     From Accounting Today:

A group of plaintiffs are suing the Treasury Department, the Social Security Administration, and the District of Columbia, claiming the federal government is continuing to hold onto their tax refunds to pay for supposed overpayments of Social Security benefits decades ago. ... 

The Legal Aid Society and the law firm McKenna Long & Aldridge brought suit against the U.S. Treasury, the Social Security Administration and the District of Columbia government on behalf of three D.C. residents, Tina Heard, Pearline Snow and Carolyn Graham. They are seeking class-action status in the suit, and believe the case could affect up to 400,000 Social Security beneficiaries who had $75 million taken from their tax refunds. They claim the government confiscated the refund payments in violation of federal law and without the due process required under the Constitution. In most cases, the alleged debt to the Social Security Administration had been incurred by their parents or other relatives. ... 

Heard, Snow and Graham claim they originally learned of the debts they allegedly owed the government when some or all of the 2013 tax refunds they were expecting in early 2014 never arrived. They contend that they received no notice from the SSA before the Treasury Department seized their refunds. Only after they went to significant effort to determine why their refunds were withheld did they learn that the Treasury’s actions were based on the SSA’s findings that they had each been overpaid Social Security benefits decades before.

Despite multiple attempts to communicate with the agency, none of the plaintiffs has received a clear explanation of what exactly was owed or why, according to their attorneys.

Institute Of Medicine Reports Forthcoming

     The newsletter of the National Organization of Social Security Claimants Representatives (NOSSCR), which is not available online, reports that the Institute of Medicine (IOM), a division of the National Academies of Sciences, is working on three "consensus reports" for Social Security which may be coming out later this year. These will deal with:

• Psychological testing, including symptom validity testing;
• Mental impairments in children, especially autism spectrum disorder and attention deficit hyperactivity disorder; and
• Speech and language disorders in children.

     Whatever else it may be, the IOM in this instance is basically a beltway bandit, receiving large sums of money for reports that are always so tentative and hedged that they're useless. I wonder what they'll tell Social Security about symptom validity testing. Social Security has been resistant to using it because of questions about its validity. My understanding is that this sort of testing would only apply to claimants with brain damage or intellectual deficiency. Since the agency is approving so few with either of these problems, I doubt that using symptom validity testing would matter much anyway.

Some Info On ABLE Accounts

     The Social Security Administration has released the following set of questions and answers to help its staff in dealing with inquiries about the new ABLE accounts:

A. Purpose of this EM [Emergency Message]

This EM provides important information regarding the Achieving a Better Life Experience (ABLE) Act (P.L. 113-295) and ABLE accounts. Specific guidance on how to treat ABLE accounts for Supplemental Security Income (SSI) income and resources purposes will follow in future instructions.

B. Background

On December 19, 2014, the President signed into law the ABLE Act. The ABLE Act was established to encourage and assist individuals and families with saving funds for the purpose of helping individuals with disabilities to maintain health, independence, and quality of life. Qualified ABLE programs will provide secure funding for disability-related expenses for qualified individuals with disabilities that will supplement, but not replace, benefits provided through private insurance, Medicaid, SSI, the individual’s employment, and other sources.

C. Information regarding ABLE accounts

1. What is an ABLE account?

An ABLE account is a tax-advantaged account, similar to a Section 529 qualified tuition program (QTP). ABLE accounts are administered by the State in which the individual resides and they must be established for the benefit of the individual. The designated beneficiary is also the owner of the account.

2. Who is eligible for an ABLE account?

To be eligible for an ABLE account, a person must be blind or disabled according to the Social Security definition of disability by a condition or conditions that began before age 26. Eligible individuals are limited to one ABLE account.

3. What is the maximum contribution for ABLE accounts?

Generally, ABLE accounts may not receive aggregate contributions during a taxable year in excess of the annual gift tax exemption (which is $14,000 for 2015). Each State will set a maximum balance for ABLE accounts.

4. Will ABLE account balances count towards the SSI statutory resource limit?

For SSI purposes, we will exclude as a resource the first $100,000 in an ABLE account.

5. What happens if an SSI recipient has excess resources held in an ABLE account?

If an individual is ineligible due to excess resources held in an ABLE account, we will suspend the SSI benefits without a time limit, but not terminate the benefits. The SSI recipient would remain eligible for Medicaid while in suspense.

6. Are ABLE accounts transferrable?

ABLE accounts are transferrable to family members who are also qualified individuals.

7. What distributions are allowed from ABLE accounts and what is their impact on SSI benefits?

Some qualifying distributions are education, housing, transportation, employment support, assistive technology, health and wellness. Qualifying distributions from the ABLE account would not generally affect SSI eligibility or payment amount. Distributions from an ABLE account for the purpose of housing expenses will be countable income for SSI purposes.

8. What happens upon the death of an ABLE account beneficiary?

Subject to certain outstanding debts, the State can file a claim against the ABLE account for reimbursement of any medical assistance paid on behalf of the account beneficiary after establishment of the ABLE account.

9. When will there be POMS instructions on ABLE accounts?

The Department of the Treasury will publish regulations early this summer and many States will have to pass legislation to establish the ABLE account program. After we receive more guidance from Treasury, we will issue specific instructions on how to treat ABLE accounts for income and resources purposes.

10. What should we tell the public if they ask how to establish an ABLE account?

ABLE accounts must be established under a program established and maintained by the individual’s State of residence. Refer individuals to their State Comptroller or Tax Office for questions concerning ABLE accounts.

Direct all program–related and technical questions to your RO [Regional Office] support staff or PSC [Program Service Center] OA [? This acronym isn't even on Social Security's own list of its own acronyms!] staff. RO support staff or PSC OA staff may refer questions or problems to their Central Office.

Class Action On Consultative Examinations In Bay Area

     From a press release:

A class action lawsuit was filed today in federal district court in San Francisco against the Social Security Administration (SSA) by three plaintiffs who were deprived of disability benefits because of SSA’s continued reliance on medical reports from a doctor who has been disqualified. The grossly deficient reports were based on cursory examinations (often lasting ten minutes or less), referenced tests that were never performed, and were inconsistent with plaintiffs’ medical records. On the basis of these faulty reports, plaintiffs who were no longer able to work were denied Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) benefits, essential to their well-being....

 Kevin Hart is a San Mateo County resident who was sent to Dr. Frank Chen for a medical exam to determine if he was still disabled and thus still eligible for his SSI and SSDI benefits. Dr. Chen, didn’t review Hart’s medical records, didn’t ask him about his condition, repeatedly interrupted Hart when he attempted to explain his diagnosis, and only spent approximately 10 minutes on a perfunctory examination. Dr. Chen’s report referenced tests he didn’t perform and failed to mention Mr. Hart’s primary disability, a leg and foot injury he sustained after being hit by a car— even though Hart needed a cane to stand during his exam. After Dr. Chen’s evaluation, Hart was notified that his benefits were being terminated because he was no longer disabled. He was never notified that Dr. Chen had been disqualified, even though Dr. Chen’s report was an important reason for the decision in his case. ...

The lawsuit seeks to require the SSA to reopen all prior determinations that terminated or denied SSI and/or SSDI benefits and that relied on a consultative examination report from Dr. Chen, and offer Plaintiffs an opportunity for a new exam from a qualified medical professional. ...

Plaintiffs are represented by Morrison & Foerster LLP, the National Senior Citizens Law Center and the Legal Aid Society of San Mateo County.