More Problems For Eric Conn's Former Clients

     The next problem for those 900 former clients of Eric Conn whose Social Security disability benefits are threatened: Few of them will be able to hire an attorney. Since they're now eligible for interim benefits as they appeal, there won't be any back benefits for an attorney to get a one quarter  fee out of. Of course, the local Social Security attorneys could drop everything else and represent all these folks pro bono but any attorney who did so would be bankrupt long before these cases are resolved.

     This is going to continue to be a mess for years into the future.

Insurance Companies Monitoring Social Security Disability Debate

     Companies which write Long Term Disability (LTD) insurance policies are paying attention to the debate over what to do about the impending shortfall in Social Security's Disability Insurance Trust Fund. LTD benefits are reduced, or offset, by the amount of Disability Insurance Benefits. Anything that reduces the Disability Insurance Benefits increases the amount paid by LTD insurance companies. The companies are making sure that the language in their policies protects them should there by any major change in Social Security disability benefits. Some insurance companies would like to make LTD insurance mandatory or, at least, make it an "opt out" for employees. Some companies would like to take over claims adjudication for Social Security.

An Early OASIS Cover

OASIS is Social Security's employee magazine. OASIS stands for Old Age and Survivors Insurance.

Helping To Implement The Social Security Act

A Whistleblower's Tale

     Michael James Keegan, who was formerly Social Security's Associate Commissioner for Facilities and Supply Management testified yesterday before the Senate Committee on Homeland Security and Governmental Affairs. Here are some excerpts from his written statement:

In January 2012, I was assigned as the Project Executive for the construction of a replacement data center in Urbana, MD. ... The center piece of the justification presented to Congress was that the National Computing Center building was beyond economical repair, in terrible condition and had to be replaced in totality. Additionally, SSA officials testified that it was legally required that the new data center be located at least 35 miles from the existing National Computing Center in Woodlawn, MD....

[In early 2013] I gave [my supervisor] a detailed briefing on serious issues that I believed included misleading Congress, waste and abuse. They included:

1. The case to replace the existing National Computing Center (NCC) was “overstated” and relied too heavily on the premise that the NCC was in “terrible condition” and could no longer support the agency mission.

2. The rationale and references used to justify relocating the new National Support Center (data center) 35 miles from the existing campus were very “broadly” interpreted at best and not applicable at all in my opinion.

3. Retention of the existing NCC building was absolutely essential to house the ~925 employees who must remain when the data center function was relocated.

4. In working with GSA [General Services Administration, which has jurisdiction over federal buildings], SSA [Social Security Administration] staff and reviewing historical files, I had discovered that SSA has awarded hundreds of millions of dollars in poorly developed and in many cases, unneeded projects.

5. That prior to my arrival there had been no controls on travel and that many OFSM [Office of Facilites and Supply Management] employees have traveled widely across the United States to various SSA locations without adequate justification or business purpose.

6. My efforts at reducing overtime from ~60,000 hours in 2011 to ~25,000 hours in 2012 had revealed significant abuses and unsubstantiated use of overtime inconsistent with SSA policies. The impact of my work yielded a reduction in overtime expenditures from 2011 to 2012 of approximately $2,500,000. ...

On April 26, 2014 I was called by [my supervisor] and he instructed me as follows:

* I am to "forget" the issues that I brought to his attention.

* That "he" will handle this with no specifics what that meant.

* That I will no longer be required at the quarterly Congressional staff briefings before the House Ways & Means Committee, Subcommittee on Social Security. ...

[O]n May 2, 2013, I was summoned to a short notice meeting with [my supervisor]. He proceeded to tell me that I was being placed under formal investigation due to unspecified "complaints".

On May 21, 2013, [my supervisor] appeared in my office and informed me that I had been relieved of my duties and that I had 30 minutes to clear out my office. Additionally, I was given a direct order not to communicate with any of my employees. I was then directed to report to the Operations organization in a temporary assignment.

During the period from May 21st until early December, I was confined to an empty office with little or no work to do, no responsibilities and very little contact with other SSA employees. I made numerous requests for updates and status on the "investigation" however [my supervisor] did not respond to any of my inquiries. ...

The alleged genesis of the investigation SSA launched against me was done solely to retaliate against me. According to [my supervisor], the decision to have me investigated happened after he met with Cynthia Ennis, AFGE [American Federation of Government Employees] Union president at SSA, who provided him a number of written complaints against me.  ...

My job at SSA was not to be liked by employees. The American taxpayer didn't pay me to accomplish that goal. SSA is not a country club or someone's living room. It's an Agency tasked with administering benefits to the elderly and disabled. It's there to serve our citizens, rather than our citizens serving SSA management. ...

In summary, despite the fact that I had a flawless 44 year performance history including two superior performance reviews (2011 and 2012) at SSA, I was forced to retire in disgrace,dishonor and financial hardship due to the fact that I choose to do the right thing and report fraud, waste and abuse.

      Is he a whistleblower revealing serious problems at Social Security? Is he a crank? Is he some of both? That's the problem with whistleblowers. It's hard to know.

Effect Of Eliminating The F.I.C.A. Wage Base Cap

     If you've been looking for an actuarial study of the effect of eliminating the cap on wages covered by the F.I.C.A. tax and allowing those extra wages to be considered in determining Social Security benefit payments, Social Security's Chief Actuary has you what you need. See the table below but note that the proposal would also change Social Security's COLA to the CPI-E index. The "E" is for elderly. That change would increase the COLA. Eliminate consideration of the additional wage base in benefit computations and stick with the current COLA and the Trust Fund reserves stay in balance almost as far as can be computed.

Noah Didn't Need No Stinking Social Security!

     A quote from Greg Gianforte, Republican candidate for governor of Montana:

There's nothing in the Bible that talks about retirement. And yet it's been an accepted concept in our culture today. Nowhere does it say, "Well, he was a good and faithful servant, so he went to the beach." It doesn't say that anywhere.

The example I think of is Noah. How old was Noah when he built the ark? 600. He wasn't like, cashing Social Security checks, he wasn't hanging out, he was working. So, I think we have an obligation to work. The role we have in work may change over time, but the concept of retirement is not biblical.

Social Security Subcommittee Schedules Hearing On Return To Work

     From a press release:

Today, House Ways and Means Social Security Subcommittee Chairman Sam Johnson (R-TX) announced that the subcommittee will hold a hearing on the Social Security Administration’s (SSA) management of earnings reports from disability beneficiaries trying to go back to work. The SSA faces difficulties processing earnings reports and adjusting benefits in a timely fashion, in part due to the complexity of the work incentives in the Disability Insurance program. These difficulties can cause large overpayments for disability beneficiaries trying to return to work. The hearing will take place on Tuesday, June 16, at 2:00 PM in room B-318 of the Rayburn House Building.

Upon the announcement, Chairman Johnson said, “There are two problems for the American taxpayer when Social Security can’t manage earnings reports: First, dollars go out that shouldn’t; Second, individuals who want to work are discouraged from doing so. It’s time Congress takes a look at what drives overpayments. The American people want, need, and deserve nothing less.”

     If this Subcommittee wants to do something truly useful and bipartisan, it should simplify Social Security's work incentives. There has been one piece of legislation after another over decades based upon the fantasy that just one more incentive will cause Social Security disability recipients to go back to work in droves. It hasn't happened. It's not going to happen. It's just too hard to get on Social Security disability benefits. Realistically, few recipients have the capacity to return to regular employment. The work incentives have been added onto so many times that they're a confusing mess which is almost impossible to administer. Simplify. Simplify. Simplify. Don't do it in the belief that simplification will return more people to work. Simplify so that the system of work incentives can be effectively administered.