Employment Rate Of Older Americans Soars

You Don't Get What You Don't Pay For

     Joe Davidson writes for the Washington Post on the serious service delivery problems that the Social Security Administration has and on the cause of these problems -- grossly inadequate administrative appropriations.

NPRM On Excluded Medical Evidence

     From a Notice of Proposed Rule-Making (NPRM) that Social Security had published in the Federal Register today (footnotes omitted):

In accordance with section 812 of the Bipartisan Budget Act of 2015 (BBA section 812), we propose to revise our rules to explain how we would address evidence furnished by medical sources that meet one of BBA section 812’s exclusionary categories (statutorily excluded medical sources). Under this proposed rule, we would not consider evidence furnished by a statutorily excluded medical source unless we find good cause to do so. We propose several circumstances in which we would find good cause, and we also propose to require statutorily excluded medical sources to notify us of their excluded status when they furnish evidence to us. ...

Specifically, we may not consider evidence from the following medical sources:

• A medical source convicted of a felony under sections 208 or 1632 of the Act,

• a medical source excluded from participating in any Federal health care program under section 1128 of the Act, or

• a medical source imposed with a civil monetary penalty (CMP).

Shots Fired Outside Social Security Office

     From the Sun Herald of Gulfport, MS:

Moss Point Police Chief Art McClung said shots were fired Wednesday in the parking lot of the U.S. Social Security Administration office at 6000 Mississippi 63.

McClung said a man was conducting business in the office when he became angered and left the building, saying something to the security guard as he exited the building.

“He went outside and went to his car and got a gun and discharged it three or four times in the air and then got in his vehicle and left,” McClung said. “The shots were fired into the air and no one was injured, nor was any property destroyed.”

McClung said police have a good idea who fired the shots and are pursuing him.

Read more here: http://www.sunherald.com/news/local/crime/article82508227.html#storylink=cpy

Blahous And Reischauer Nominations Barely Clear Finance Committee

     The re-nominations of Charles Blahous and Robert Reischauer to Social Security's Board of Trustees were narrowly reported out of the Senate Finance Committee yesterday by a vote of 14-12 for each. 

     Blahous's nomination has been criticized because he has been a consistent advocate for Social Security "reform" that would cut benefits. I think it would be fair to say that he is philosophically opposed to the concept of social insurance and wishes to undermine it in any way possible. Reischauer has been opposed to the sorts of cuts that Blahous advocates but he hasn't been an advocate for increasing Social Security benefits.

     In any case, Social Security's Board of Trustees has no power. The Trustees have no role other than to sign off on a yearly report that is really the product of Social Security's actuaries. It's little more than a ceremonial position.

New Respiratory Listings

     The Social Security Administration has posted new Listings for respiratory system disorders. These are final rules, effective October 7, 2016.

Why Is It Harder To Win With Newer ALJs?

     It's a matter of common knowledge among attorneys who represent Social Security disability claimants that it's harder to win with Administrative Law Judges (ALJs) hired in the last five years or so. 

     Theories on why this is so range from they've found some way to hire more conservative ALJs to they've found some way to train them to be more conservative to they're somehow encouraging them to deny more claims or they're  hiring agency employees who they know will deny claims. I've had doubts about each of these theories.

     Let me propose the theory that it has to do with the veterans preference and the end of the military draft. The federal government gives a heavy preference to hiring veterans. This preference has led to far higher percentage of ALJs who are military veterans than in the population of lawyers in general. This didn't matter much when the veterans being hired were mostly of the Viet Nam era as was the case until not that long ago. The draft assured that those who served during that era were not that far from being a microcosm of the male population. The draft ended as the Viet Nam war ended. Military veterans being hired now chose to serve in the military, usually as a career. This cohort is different from their Viet Nam era predecessors. On average -- and, of course, there's plenty of individual variation -- they're considerably more conservative politically and socially, making them more likely to turn a jaundiced eye to disability claims.

     That's my theory. What do you think?

I Can't Get Away From Work

     I attended an opera last week and was surprised to find it exploring themes that are quite familiar to me.
     I'm not an opera buff. However, my wife and I went to Charleston, SC for a few days last week for the Spoleto Festival, as we have for more than thirty years. I generally stick to the non-opera performances but this year the main opera is George Gershwin's Porgy and Bess. How could I miss an opera sung in English featuring songs such as Summertime, Bess You Is My Woman Now, I Got Plenty O' Nuttin' and It Ain't Necessarily So? My wife and I went and enjoyed it greatly.

     While Porgy and Bess is set in the African American community of Charleston in the 1920s, it may be more about the subject of disability than anything else. The opera's most important character, Porgy, is disabled, apparently by paraplegia. Gershwin based his opera on the novel Porgy written by Charleston native Dubose Heyward. The title character of that novel was loosely based upon a well known personality in Charleston, "Goat Sammy," a crippled beggar who got around in a goat cart. Heyward had been fascinated to find out that "Goat Sammy" had been arrested on a charge of aggravated assault for a crime of passion. As Heyward put it “the object of public charity by day, had a private life of his own by night." Note that this disabled man in the 1920s had to resort to begging to support himself. Yes, we still have beggars but that's generally not the fate of disabled people today and that's largely due to Social Security and Supplemental Security Income disability benefits. My bigger point is that Heyward thought it important to tell the world that disabled people actually have lives apart from their disability. Disabled people are quite capable of passionate romance, among many other things. It remains a point worth making. I have seen cases where Social Security Administrative Law Judges were surprised, even affronted, by evidence that a disabled person had a life apart from their disability. How dare a disabled person father a child or become pregnant! How can a person be truly disabled if they attend church or get arrested for a crime or enjoy the company of friends and family? To think like that denies the possibility that disabled people are truly human, that they have the same hopes, dreams, pleasures, pastimes, urges, shortcomings and frailties as the rest of us.

     I don't think it's an accident that the novel Porgy dealt so much with the theme of disability. Dubose Heyward's own health was poor. He suffered from the effects of polio, as well as other illnesses. As a result of his own experiences, I expect Heyward had reason to contemplate the ways in which society thinks about the disabled. I wish those attitudes had changed more since Heyward's day.