Use Of ERE Message Function

     By chance I noticed recently that I was the only one at my firm using the message function in Social Security's Electronic Records Express (ERE) system. I've been using it to send simple messages such as as “We have submitted all the evidence that we promised on the day of the hearing and you can proceed to issue a decision” or “The post-hearing CE strongly supports our argument that Mr. _____ is limited to sedentary work.” I've only been sending these messages to one hearing office. The process has been working well for me.
     After finding out that no one else at my firm was using the message function, I asked outside my firm. I couldn't find anyone else using the message function.
     I'm curious. Are attorneys in other states using the message function? Is it working OK if you are? If you're not using it, is it because you tried and there were problems? Were you even aware of the message function?
     If this technology isn't being used widely, there's something wrong. Either the system isn't functional or people just don't know about it.

Social Security Headcount Up From A Year Ago But Still Way Down From Peak

     The Office of Personnel Management (OPM) has just posted updated figures for the number of employees at the Social Security Administration as of the end of the first quarter of 2015:

• March 2015 64,432
• December 2014 65,430
• 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

Early Intervention Contractor Sought

     Social Security is seeking a contractor for an early intervention mental health study. This would only be for denied applicants. The overwhelming majority of applicants for Social Security disability benefits who suffer from mental illness are denied.

Why Do So Many Republican Candidates For President Favor Cuts In Social Security?

     Today's opinion pieces:

• Paul Krugman at the New York Times believes most Republican candidates for President support cuts to Social Security not because these cuts are popular with the Republican base (they aren't) but because big money donors support cuts in Social Security.
• Tim Worstall at Forbes says that you don't have to be a bloated plutocrat to favor cuts in Social Security. In fact, retirement age should be raised to 80!
• Ezra Klein at Vox believes that one of the major reasons that Donald Trump is popular with Republican voters is that Trump doesn't favor cuts in Social Security.

Grim Processing Time Report

      From the newsletter (not available online) of the National Organization of Social Security Claimants Representatives (NOSSCR). Click on the image of each page to view full size.

When It Comes To Age Of Retirement, Don't Believe What People Tell You

From EBRI -- Click On Image To See Full Size

They've Got Opinions And Some Facts

     Here's a roundup of today's columnist pieces on Social Security:

• Michael Hiltzik on the lack of a confirmed Commissioner of Social Security
• Tom Margenau on the Lump Sum Death Payment (LSDP)
• Laurence Kotlikoff and Robert Pozen on how the retirement earnings test for those between age 62 and full retirement age discourages people from working

House Appropriations Committee "Believes" In Functional Assessment Batteries

     From the report (page 150) of the House Appropriations Committee on the Labor-HHS Appropriations bill, which covers the Social Security Administration:

The Social Security Administration (SSA) has partnered with the National Institutes of Health to create a functional assessment tool that is reliable and objective and may inform the disability determination process. One of the major projects of this partnership is the Functional Assessment Battery (FAB). The Committee believes the FAB tool could serve to provide uniform, objective evidence to the disability determination.The Committee notes its concern that SSA is currently limiting the use of this tool for only survey research. The Committee directs SSA to test the use of the FAB as part of the demonstrations undertaken within the Disability Early Intervention Initiative.

     The bill has now been reported out of Committee.
     The Committee can "believe" what it wants but any function assessment battery will be worthless in determining disability. You cannot test someone's work capacity over the course of a few hours and extrapolate from that to determine the person's ability to work eight hours a day, five days a week, fifty weeks a year. You cannot say that because a person has run 100 yards that they can run a marathon, much less say that the person can run a marathon at the same pace that they have run 100 yards. There's no way around this problem.
     Functional assessment batteries have always been and will always be fool's gold. They appeal only to those who give little thought to the matter, especially if they have no interest in justice, and to those who stand to profit from performing the functional assessment batteries.
     The United Kingdom has started using functional assessment batteries in determining disability. It's been pretty disastrous.
     If you think disability determination in the United States is problematic, you'd right. Disability determination is an inherently messy, imprecise business. That doesn't mean that things can't be made worse. Things could get a lot worse with widespread use of functional assessment batteries.