OIG Report On Hearing Backlog Initiatives

     Social Security's Office of Inspector General (OIG) recently issued a report on the agency's numerous and varied attempts to reduce its hearing backlog, none of which is working very well.

OIG Report On PASS Plans

     From a recent report by Social Security's Office of Inspector General (OIG):

PASS [Plan for Achieving Self-Support] is an employment support program designed to help disabled individuals return to work. Congress established the PASS program as part of the original Supplemental Security Income (SSI) legislation in 1972, and the program went into effect in 1974. Congress intended employment support provisions, such as PASS, to provide disabled beneficiaries with the assistance needed to move from benefit dependence to independence. The legislative history also indicates that Congress expressed a “. . . desire to provide every opportunity and encouragement to the blind and disabled to return to gainful employment.” ...

SSA did not have sufficient information to evaluate the success of its PASS program . Nevertheless, the Agency was not effectively managing the program. For example, SSA lacked basic data on PAS S program participation, costs, and outcomes. In addition, SSA had not evaluated the PASS program’s impact on the di sability rolls . Finally, SSA did not routinely monitor the PASS program or conduct quality control reviews.

Internal control weaknesses leave the PASS program vulnerable to misuse . For example, PASS program guidelines were broad and vague . In addition, there were no limits on PASS benefits, such as caps on expenditures, time limits to complete work goals, or restrictions on the number of PASS work goals a disabled individual may have. Further , some individuals exploit ed the program by misusing PASS benefits to obtain items or services that were unrelated to their work goals....

     My experience with PASS is that it is ridiculously difficult to get a PASS plan approved. Maybe OIG just wants Social Security to effectively repeal PASS by making it literally impossible to get a plan approved.
     Of course, no matter how PASS is administered it's not going to have a significant effect upon the number of people drawing SSI. It's just part of the Congressional fantasy world where SSI recipients will stream off the disability rolls if we just give them enough encouragement. Hint to Congress: It's really tough to get on SSI disability benefits, so tough that very, very few on the benefits have any realistic hope of ever returning to work no matter what anyone does to help them.

NADE Newsletter

     The National Association of Disability Examiners (NADE), an organization of the personnel who make initial and reconsideration disability determinations for Social Security has issued its most recent newsletter, full of summaries of presentations that Social Security management personnel made at a NADE conference.

One Judge Holds Terminations Of Benefits For Eric Conn Clients Unconstitutional

     A United States District Court judge has held that Social Security's termination of disability benefits for Eric Conn's former clients is unconstitutional. Don't think this is resolved. Two other judges on the same court have upheld the terminations. The issue now heads to the Court of Appeals. Interestingly, the judge who found the terminations to be unconstitutional, Thapur, is on Donald Trump's announced list of possible Supreme Court nominees, not that he's likely to have a chance to use that list.

     I'm sorry to be so late posting this but I've been off the net while traveling.

New Somatoform Listing

     From Social Security's new mental impairment Listings effective January 17, 2017:

12.07 Somatic symptom and related disorders (see 12.00B6), satisfied by A and B

     A. Medical documentation of one or more of the following:

          1. Symptoms of altered voluntary motor or sensory function that are not better explained by another medical or mental disorder;

        2. One or more somatic symptoms that are distressing, with excessive thoughts, feelings, or behaviors related to the symptoms; or

      3. Preoccupation with having or acquiring a serious illness without significant symptoms present.

AND

     B. Extreme limitation of one, or marked limitation of two, of the following areas of mental functioning (see 12.00F):

          1. Understand, remember, or apply information (see 12.00E1).

          2. Interact with others (see 12.00E2).

          3. Concentrate, persist, or maintain pace (see 12.00E3).

          4. Adapt or manage oneself (see 12.00E4).

New Personality Disorder Listing

     From Social Security's new mental impairment Listings effective January 17, 2017:

12.08 Personality and impulse-control disorders (see 12.00B7), satisfied by A and B:

     A. Medical documentation of a pervasive pattern of one or more of the following:

          1. Distrust and suspiciousness of others;

          2. Detachment from social relationships;

          3. Disregard for and violation of the rights of others;

          4. Instability of interpersonal relationships;

          5. Excessive emotionality and attention seeking;

          6. Feelings of inadequacy;

          7. Excessive need to be taken care of;

          8. Preoccupation with perfectionism and orderliness; or

          9. Recurrent, impulsive, aggressive behavioral outbursts.

AND

     B. Extreme limitation of one, or marked limitation of two, of the following areas of mental functioning (see 12.00F):

          1. Understand, remember, or apply information (see 12.00E1).

          2. Interact with others (see 12.00E2).

          3. Concentrate, persist, or maintain pace (see 12.00E3).

          4. Adapt or manage oneself (see 12.00E4).

New Neurodevelopmental Listing

     From Social Security's new mental impairment Listings effective January 17, 2017:

12.11 Neurodevelopmental disorders (see 12.00B9), satisfied by A and B:

     A. Medical documentation of the requirements of paragraph 1, 2, or 3:

          1. One or both of the following:

           a. Frequent distractibility, difficulty sustaining attention, and difficulty organizing tasks; or

            b. Hyperactive and impulsive behavior (for example, difficulty remaining seated, talking excessively, difficulty waiting, appearing restless, or behaving as if being “driven by a motor”).

        2. Significant difficulties learning and using academic skills; or

       3. Recurrent motor movement or vocalization. [So in the original; must be typo. They only had a few years to work on it.]

AND

     B. Extreme limitation of one, or marked limitation of two, of the following areas of mental functioning (see 12.00F):

          1. Understand, remember, or apply information (see 12.00E1).

          2. Interact with others (see 12.00E2).

          3. Concentrate, persist, or maintain pace (see 12.00E3).

         4. Adapt or manage oneself (see 12.00E4).

Errors In Applying WEP

     From a recent report by Social Security's Office of Inspector General (OIG):

SSA [Social Security Administration] needs to improve its controls to ensure WEP [Windfall Elimination Provision] is timely and accurately applied for Federal pensions. We determined WEP should have been applied to 14 of the 250 beneficiaries sampled . We did not identify any beneficiaries for whom GPO should have been applied. Although SSA was aware these 14 beneficiaries had a government pension, the Agency did not reduce their benefit payments for WEP. The 14 beneficiaries received about $372,000 in overpayments. Based on our sample results , we estimate SSA overpaid about $129 million in Old-Age, Survivors and Disability Insurance benefits to about 4,900 beneficiaries.