Mar 27, 2015

Republican Senators Open To Social Security Cuts

     From The Hill:
Senators on Tuesday blocked an amendment from Senate Democrats aimed at protecting Social Security.  
Senators voted 51-48 on a procedural motion, after Democrats tried to override the decision of Sen. Mike Enzi (R-Wyo.), the chairman of the Budget Committee, to block the amendment. 
The amendment would have required any proposal that cuts benefits or raises the Social Security retirement age meet a “point of order” requiring a supermajority of 60 votes for passage.

Mar 26, 2015

Why Do Republicans Refuse To Fund Program Integrity At Social Security?

     Congressional Republicans loudly decry what they believe to be "rampant fraud" (their term, not mine) in Social Security's disability programs but they refuse to fund increased efforts to find and prosecute this fraud. Democrats support increased funding for program integrity while Republicans oppose it. Are Republicans interested in whatever fraud there may be only to the extent that it may be used as a political issue? Do Republicans have any actual interest in the proper administration of Social Security?

Mar 25, 2015

51 Senators Open To Cutting Social Security

     From The Hill:
Senators on Tuesday blocked an amendment from Senate Democrats aimed at protecting Social Security.  
Senators voted 51-48 on a procedural motion, after Democrats tried to override the decision of Sen. Mike Enzi's (R-Wyo.), the chairman of the Budget Committee, to block the amendment.  
The amendment would have required any proposal that cuts benefits or raises the Social Security retirement age meet a “point of order” requiring a supermajority of 60 votes for passage. 
But, Enzi blocked the amendment, saying it was not "germane" to the budget.

Mar 24, 2015

Online Appeals System Not Working

     Last week Social Security started up a new system for filing online appeals. The new system allows users to upload documents along with an appeal. This week I'm hearing many reports of difficulty filing appeals online, regardless of whether a document is uploaded at the same time. It's become just about impossible to file an appeal online. I can't say that the current problem is related to the new system but that seems likely.
     I'm sure that someone is working on the problem but it would be nice if the agency would communicate better on technical problems like this. Requiring that attorneys who represent claimants before the agency file appeals online at a time when the agency has no workable system for filing appeals online could cause some frustration.

Mar 23, 2015

How Many Times Do I Have To Tell You?

     I'm wondering how widespread this is. A Social Security disability claimant who has requested a hearing before an Administrative Law Judge is asked whether he or she objects to a video hearing. The claimant objects. Later, the hearing office ignores the claimant's wishes and attempts to schedule a video hearing anyway -- unless the claimant objects a second time. Anybody else seeing this?

Mar 22, 2015

An Interesting 4th Circuit Opinion

     The Fourth Circuit Court of Appeals handed down an interesting opinion last week in the case of Mascio v. Colvin. Here are a few excerpts:
Here, the ALJ has determined what functions he believes Mascio can perform, but his opinion is sorely lacking in the analysis needed for us to review meaningfully those conclusions. In particular, although the ALJ concluded that Mascio can perform certain functions, he said nothing about Mascio’s ability to perform them for a full workday. ... 
[W]e agree with other circuits that an ALJ does not account “for a claimant’s limitations in concentration, persistence, and pace by restricting the hypothetical question to simple, routine tasks or unskilled work.” ...
Mascio’s argument stems from the ALJ’s use of the following language in his opinion:
After careful consideration of the evidence, the undersigned finds that the claimant’s medically determinable impairments could reasonably be expected to cause the alleged symptoms; however, the claimant’s statements concerning the intensity, persistence and limiting effects of these symptoms are not credible to the extent they are inconsistent with the above residual functional capacity assessment. 
We agree with the Seventh Circuit that this boilerplate “gets things backwards” by implying “that ability to work is determined first and is then used to determine the claimant’s credibility.” ...
[A] claimant’s pain and residual functional capacity are not separate assessments to be compared with each other. Rather, an ALJ is required to consider a claimant’s pain as part of his analysis of residual functional capacity.

Mar 21, 2015

21 Month Sentence For Former Social Security Employee

     From the Dallas Morning News:
A former Social Security Administration employee was sentenced Friday to 21 months in federal prison for accessing the agency’s electronic databases to steal government money, the U.S. attorney’s office said. 
Carwin Shaw, 33, of Arlington, was also ordered to pay $78,165 in restitution for his role in the scheme.  ... 
He also caused unauthorized payments to be issued and to have duplicate payments issued for his conspirators. Shaw had more checks sent to his accomplices by reporting that their initial checks were lost or stolen. He then split the money with them, authorities said.

Mar 20, 2015

White House Criticizes GOP Effort To Force Social Security Showdown

     From TPM:
A top adviser to President Barack Obama on Friday slammed a House Republican maneuver aimed at forcing a showdown on Social Security as early as next year, signaling that it won't fly with the White House.

"The House provision was un-constructive and at odds with how this issue has been addressed time and time again in a bipartisan manner," Brian Deese, senior advisor to the president, told reporters at a breakfast downtown hosted by the Christian Science Monitor. "It is just not tenable to walk away from what has been a very clear bipartisan approach to addressing the [disability fund] issue." ...
Deese said the president would welcome a conversation about Social Security but said the "right way to address this issue" is what Obama's budget released in February proposed: a "clean" reallocation to shore up the disability fund, something congressional Democrats also support.