Latching Onto 218 Cases As Basis For Changes Affecting Millions Of Cases

     A press release:

The Social Security Administration's (SSA) Office of the Inspector General (OIG) recently issued a report on the determination of disability claims from applicants who cannot communicate in English. The OIG found at least 218 cases in Puerto Rico where a disability rule was applied to the advantage of a claimant who was unable to communicate in English, even though Spanish is one of the island's official languages.

Chairman Sam Johnson has previously called attention to these "grid rules" as one of the challenges facing the Disability Insurance program. In 2012, the Government Accountability Office released a report requested by Chairman Johnson, which found the SSA relies on an outdated view of disability. In 2014, he introduced H.R. 5260, the Stop Disability Fraud Act of 2014, which would require the SSA to update the grid rules for the first time since they were created in 1979.

In response to the OIG report, Chairman Johnson made the following statement:

"As part of my commitment to the disability community and the American taxpayer, I am looking for ways to make the disability program work better, and updating the grid rules to reflect today's world is one way to do so. It makes absolutely no sense that Social Security has been relying on rules that are over 35 years old to determine if someone should receive benefits. While I am encouraged that Social Security is finally getting around to taking a look at these rules, I will be introducing legislation to make sure they actually do so. The American people expect Social Security to use common sense, not outdated thinking, when determining who should receive disability benefits."

Number Drawing Disability Benefits Drops For Sixth Straight Month

     New figures released by the Social Security Administration show that the number of people drawing Social Security disability benefits has dropped for the sixth straight month.

     By the way, when I have posted about these numbers in the past, a few people have tried to make points about increases or decreases in the number of claims filed or approved from month to month. Don't bother. Here's what the fine print at the bottom of the table says:

Because the application data are tabulated on a weekly basis, some months include 5 weeks of data while others include only 4 weeks. This weekly method of tabulation accounts for much of the month-to-month variation in the monthly application data. This method also occasionally causes quarterly data to have either 12 or 14 weeks of data instead of 13 weeks, annual data may include an extra week of data.

     This doesn't reduce the validity of the bottom line of the number of people drawing benefits since there is an equal effect upon the number going on and coming off benefits.

Grid Regs On The Table

     Social Security is planning to issue an "Advanced Notice of Proposed Rulemaking on the need to update the medical-vocational guidelines." Inability to speak English in Puerto Rico may be on the table but who knows what else.

     I understand the desire to head off destructive legislation but let's not get carried away. The Republican problem with Social Security disability isn't with the way the regulations are written. Their problem is with its very existence. Nothing the agency can do will mollify them. If anything they may see this sort of thing as a sign of weakness.

Clinton Muir 1918-2015

     Clinton H. Muir, the retired chief of Social Security's Mid-Atlantic Program Service Center, has died at age 93.

They're Starting To Worry That Democrats Might Be Serious About Increasing Social Security

     The Wall Street Journal is starting to be concerned that Democrats will actually run on increasinging Social Security benefits. Their concern about the effects on the budget of increasing Social Security might sound sincere until you realize that the Wall Street Journal always supports any tax cut regardless of the consequences.

Happy Easter

Is There An Answer?

    I'm reposting this since no one was able to give an answer to my questions -- the closest was an answer that referred to the agency's ability to impose sanctions against those who make false or misleading statements, which has nothing to do with a failure to submit evidence.

 Social Security is publishing new regulations in the Federal Register on the submission of evidence tomorrow. You can read them today.

    Some Questions: What's the enforcement mechanism for these requirements? If there's no enforcement mechanism, is this anything more than precatory language? As vague as these regulations are, even if there is an enforcement mechanism, is it practical to enforce them? How can you punish someone for failing to live up to a standard that you can't define in a meaningful way? Is the lack of enforceability the reason that Social Security insisted on pressing ahead with regulations that were universally condemned for vagueness and overreaching? Why worry about what these regulations say if you have no intention of trying to enforce them?

Field Offices Complain Of Duplicate And Incomplete Forms

     From the newsletter of the National Council of Social Security Management Associations (NCSSMA):

Over the past decade, attorney and third party requests have increased at an alarming rate. Managers from all over the country are facing tough decisions as they struggle to maneuver valuable office resources and keep up with the steady stream of paper flowing from their fax machines and mailrooms....

According to a recent survey conducted by NCSSMA, offices are spending an hour and a half or more per day just sorting the influx of paper claims, appeals, 1695/1696s, and FOIA requests.

In addition, one-third of the paper received by fax and mail consists of duplicates or second requests. As stated by one frustrated Dallas Region manager: “The majority of the time, forms are submitted electronically, faxed, and then mailed to the field office. Not only do we receive them twice, but most often three times.”

Another issue challenging field offices is incomplete forms. A large majority of survey respondents said that only half the claims filed by third parties are fully completed, with a third needing more information in order to proceed with the application process. ...

According to a recent survey conducted by NCSSMA, offices are spending an hour and a half or more per day just sorting the influx of paper claims, appeals, 1695/1696s, and FOIA requests. 

     Let me give an explanation for at least some of the duplicates. Things get lost at Social Security.  That really bothers Social Security attorneys. To cover themselves, they submit duplicates.
     We need more reliable systems.