Aug 29, 2017

Another In The Washington Post Series

     There's another in the series of Washington Post articles about Social Security disability. It repeats many of the same themes we've come to expect from the Post:
  • Disability recipients can go back to work if they really want to -- but they mostly don't want to because they don't want to lose their disability benefits.
  • There's a lot of disability in rural areas because there aren't many jobs in rural areas, meaning that disability benefits are little more than disguised unemployment benefits.
  • Disability is mostly due to things like mental illness which people can overcome if they really want.
  • Drugs and alcohol are a major factor in disability.
     The article is misleading. It presents mental illness as if it were no more than feeling a bit anxious, depressed and discouraged. Who among us doesn't feel that way sometimes? I know nothing about this woman's case but I know you don't get on Social Security disability due to the sort of mild psychiatric symptoms discussed in this article.
     I also know that in any case, mental illness is but a fraction of the disability picture. If you wanted a more typical disability recipient, you'd have an older man or woman with physical health problems that will only get worse with time but a case like that wouldn't display what the Post wants to display.
     The unstated message of this series is that Social Security ought to approve fewer people for Social Security disability and should be required to take a more coercive approach to getting disability recipients back to work. I don't think that's justified. It's already incredibly difficult to get on Social Security disability benefits. No further effort to get people back to work will be effective because the vast majority of disability recipients are far too sick to work and don't get any better over time.

Change In Policy On Voluntary Remands After Allowance Of Subsequent Claim

    From Transmittal I-1-90 explaining a change to HALLEX §I-1-10:
... [E]xcept in unusual circumstances, the AC [Appeals Council] will not stipulate to affirm a subsequent allowance when considering whether to voluntarily remand a pending court case in a prior claim because such a stipulation would limit the AC's ability to correct other possible issues in the subsequent claim(s), such as unreported earnings. ...
     I'm not going to bother trying to explain this. If you do much federal court work on Social Security appeals, you understand its significance. If you don't, you probably don't care.
     I will say that if the agency wanted to do so it would be easy to draft a stipulation to affirm a subsequent allowance while leaving open a narrow window for unexpected issues such as unreported earnings. I don't think the agency would have trouble getting plaintiff's attorneys to agree to properly drafted language. I think this is more likely a reflection of increased contentiousness at Social Security. It will result in the agency having to defend weaker decisions in federal court. I don't think that's a good idea for Social Security.

Aug 28, 2017

Acting Commissioner's Message On Harvey



From: ^Commissioner Broadcast
Sent: Monday, August 28, 2017 10:22 AM
Subject: Our Thoughts Are With Texas

A Message to All SSA and DDS Employees

Subject: Our Thoughts Are With Texas

As we experienced over the last few days the absolute devastation of Hurricane Harvey, we are pleased to report that all SSA and DDS employees in Texas and Louisiana are safe and accounted for, though many sustained property damage and have evacuated from their homes.

Please keep those affected by the flooding in your thoughts and prayers as this storm continues.  We will provide additional information as it emerges.

Nancy A. Berryhill
Acting Commissioner

Proposed Changes To Musculoskeletal Listing

     The Social Security Administration has asked the Office of Management and Budget (OMB), which is part of the White House, to approve proposed changes to its listings on musculoskeletal disorders. If OMB approves the proposal, it will be published in the Federal Register and the public will be allowed to comment on the proposal. Social Security must then consider the comments before sending proposed final regulations back to OMB for final approval. 
     This is the first regulatory proposal from Social Security since Donald Trump became President.

Declining Labor Force Participation Not Caused By Social Security Disability Benefits

     From Kathy Ruffing at the Center for Budget and Policy Priorities:
Labor-force participation — the share of adults 16 and older who are working or looking for work — peaked at just over 67 percent in 1996-2000 and has fallen since then. Some analysts observe that the number of Social Security Disability Insurance (SSDI) beneficiaries grew steeply after 2000, and assume the two trends are related. But evidence for that connection is weak. ...

Rising SSDI receipt and falling labor-force participation aren’t affecting the same age groups. SSDI receipt has grown modestly among older people, especially older women (see graph) — but so has their labor-force participation, as older workers postpone retirement. The drop in labor-market activity is concentrated at younger ages, particularly men, where SSDI receipt has not risen.
      I'd call that chart a definitive answer to the question.

Aug 27, 2017

Daugherty Sentenced To Four Years

     From the Washington Post:
A former administrative law judge has been sentenced to four years in prison for taking bribes from a Kentucky lawyer in a $600 million Social Security fraud case. 
Eighty-one-year-old David B. Daugherty of Myrtle Beach, South Carolina, pleaded guilty in May to taking more than $600,000 in bribes in cases involving clients of Eric C. Conn, who is now a fugitive and was sentenced in absentia to 12 years in prison. ... 

SSA Office Space Declining

     From a study by the Government Accountability Office (GAO):
The Social Security Administration (SSA) has reduced its physical footprint and expanded delivery of services remotely, including online. SSA reduced the total square footage of its facilities by about 1.4 million square feet (or about 5 percent) from fiscal years 2012 to 2016, according to GAO's analysis, by applying new standards for determining the size of offices and consolidating facilities. ... SSA has also expanded the services it offers remotely, and online use has increased for certain services such as disability and retirement applications. Despite this increase, in-person contacts at field offices have not changed substantially, with about the same number in fiscal year 2016 as in fiscal year 2007 (approximately 43 million). This may be due to growing demand for services as well as certain services not yet being fully available online. ...
SSA is taking steps to make remote services easier to use, for example by adding new features to its website and offering alternate approaches for accessing services, but does not consistently evaluate them, which could limit its ability to shift more services online and further reconfigure its footprint. For example, SSA has added features allowing online customers to interact directly with SSA staff. However, SSA does not track staff follow-ups to deal with any errors in online benefit applications in order to improve them, as called for by federal internal control standards. To enhance access to remote services, SSA has introduced alternate service approaches such as videoconferencing in third-party sites; however, it does not have performance goals for these approaches. GAO has previously identified performance goals as a best practice, which may help agencies improve their customer service. ...

Aug 26, 2017

No Survivor Benefits For Children Conceived 11 Years After Death Of Wage Earner

      From MacNeil v. Berryhill (CA2) decided on August 24, 2017:
... Sharon MacNeil (“MacNeil”) brought suit ... challenging a decision by the Commissioner of the Social Security Administration that her children—twins conceived via in vitro fertilization eleven years after her husband died—were ineligible for survivors’ insurance benefits. The United States District Court for the Northern District of New York (Sharpe, J.) affirmed the agency’s decision, concluding that under the applicable provisions of New York’s Estates, Powers and Trusts Law (“EPTL”) the children were not entitled to inherit under New York state intestacy law, and so were not children of the deceased wage earner within the meaning of the relevant Social Security Act provisions. We agree and accordingly AFFIRM the district court’s judgment. ...