Judge Posner Retires

     Judge Richard Posner of the 7th Circuit Court of Appeals has announced a sudden retirement.  Posner  wrote several major Social Security opinions. He was widely hailed for his fine writing.

Most Retirees With Dementia Lack A Representative Payee

     Three researchers associated with the Center for Retirement Research at Boston College have taken a look at representative payees and retirees with dementia. Representative payees help those who can no longer manage their money. Usually, representative payees are family members or friends.

     It turns out that while over 10% of retirees have dementia, only 1.5% have a representative payee. The report notes that many of those without a representative payee receive help anyway. For those with mild cognitive impairment 85% have some help and 95% of those with dementia receive help. As a personal aside, I'm familiar with how this happens. I've ended up handling the financial affairs of two relatives with dementia who have since passed away. In neither case was I appointed representative payee.

Study On Disability Claims By Homeless Individuals

     From NC State News:

A recent study of homeless adults finds that women are at a significant disadvantage compared to men when it comes to accessing disability benefits. The study also finds that medical records are key to accessing disability benefits, which poses a problem for many homeless adults.

... This study focused on SSI and SSDI applications completed with the assistance of the SSI/SSDI Outreach, Access, and Recovery (SOAR) program, which was created by the Substance Abuse and Mental Health Services Administration. SOAR is designed to facilitate access to those disability benefits and primarily assists homeless and low-income adults. ...“

Prior reports found that homeless adults had only a 10-15 percent success rate when applying for disability programs without assistance. Since SOAR was implemented in 2005 and 2006, that success rate has risen to 65 percent.” ...

[W]omen were 30 percent less likely than men to have their applications approved. And applicants who were already on public assistance were 20 percent less likely to get approved.

“The most important of the critical components was the inclusion of medical records with an application,” Lowder says. “Applications with medical records were twice as likely to be approved compared to other applications.

On the other end of the spectrum, applicants who were required to get a consultative exam were two times more likely to be denied – and it took an average of 43 additional days for their applications to be processed. ...

An Old Overpayment

     From WOOD-TV in Grand Rapids, MI:

More than a decade after the Social Security Administration overpaid a Hesperia couple, they’re being told they owe the federal government nearly $22,000.

Janet and Edward Marshall said they were floored when they got a letter last week telling them to repay the money within 30 days. They have no idea how they’re going to come up with the cash.

“I’m almost died. My husband almost died. Couldn’t believe it,” Janet Marshall told 24 Hour News 8 Thursday. “I mean, after 15 years you send a letter? And what part of disability don’t they understand?”

In each check sent to the Marshalls between 2002 and 2005, Social Security overpaid them by roughly $600.

“(In) 2004, he was receiving $1,038 and he should’ve only got $463.60,” Marshall said, reading the letter from Social Security.

In all, they got an extra $21,970. ...

     I post from time to time about how unfair it is that there is no statute of limitations on the collection of Social Security overpayments by setoff. This sort of case is why I think the lack of a statute of limitations is wrong.

Playing Trump

     From Politico:

Mick Mulvaney, President Donald Trump’s budget director, walked into the Oval Office in early May on a longshot mission. The slash-government conservative wanted to persuade the president to break one of his most popular campaign promises.

During his populist run for the White House, Trump had vowed to leave Social Security and Medicare alone. But Trump had also vowed to rein in America’s national debt, which Mulvaney didn’t think was possible without reining in the two biggest chunks of the federal budget. So Mick the Knife brought a cut list to his meeting in the Oval. 

“Look, this is my idea on how to reform Social Security,” the former South Carolina congressman began.

“No!” the president replied. “I told people we wouldn’t do that. What’s next?”

“Well, here are some Medicare reforms,” Mulvaney said.

“No!” Trump repeated. “I’m not doing that.”

“OK, disability insurance.”

This was a clever twist. Mulvaney was talking about the Social Security Disability Insurance program, which, as its full name indicates, is part of Social Security. But Americans don’t tend to think of it as Social Security, and its 11 million beneficiaries are not the senior citizens who tend to support Trump.

“Tell me about that,” Trump replied.

“It’s welfare,” Mulvaney said.

“OK, we can fix welfare,” Trump declared.

Sure enough, the Trump budget plan that Mulvaney unveiled a few weeks later would cut about $70 billion in disability benefits over a decade, mostly through unspecified efforts to get recipients back to work. That may sound like welfare reform, but the program isn’t welfare for the poor; it’s insurance for workers who pay into Social Security through payroll taxes. The episode suggests Trump was either ignorant enough to get word-gamed into attacking a half-century-old guarantee for the disabled, or cynical enough to ditch his promise to protect spending when it didn’t benefit his base.

The story is also revealing about the source who told it on the record: Mulvaney himself, an ideological bomb-thrower from the congressional fringe who has become an influential player in the Trump administration. ...

SSA Press Release On Hurricane Harvey

     A press release from the Social Security Administration:

Many Social Security and Supplemental Security Income (SSI) benefit payments are scheduled for Friday, September 1. The following information covers the various delivery methods for these payments in the wake of Hurricane Harvey.

Payments by Paper Check Delivered by the US Postal Service

Hurricane Harvey’s impact on the Gulf Coast resulted in the temporary suspension of mail delivery service, as well as the closure of some postal facilities in the Houston area. The U.S. Postal Service is providing additional information on how customers displaced by Hurricane Harvey can retrieve checks they receive via the mail.

Provided here about.usps.com/news/state-releases/tx/tx.htm is a list of Post Office locations, by ZIP Code, where checks will be made available for pick-up beginning Friday, September 1. People must have proper identification to receive their check.

Payments by Direct Deposit

Nearly all payments issued by direct deposit will arrive as scheduled. If a person’s payment is delayed, they should contact their financial institution. If the financial institution is not operating, please see the “emergency payment” information below.

Payments by Direct Express Debit Card (a Treasury Department program)

For recipients in the affected areas who receive their payment through a Direct Express card, fees will be waived, even if they have evacuated out of the area. Payments will be posted to Direct Express cards on September 1.

People may contact Direct Express at 1-888-741-1115.

Emergency Payment Locations

Social Security has established three emergency payment locations in Texas where Social Security and SSI beneficiaries may request an immediate payment in person if they cannot receive their regular payment. The locations and hours are:

Friday, September 1, and Saturday, September 2:

• Houston: NRG Center
  2 NRG Park, Houston, TX 77054
  From 9:00 AM – 4:00 PM


• Dallas: Kay Bailey Hutchison Dallas Convention Center
  650 S. Griffin Street, Dallas, TX 75202
  From 9:00 AM – 4:30 PM


• Austin: Tony Burger Center
  3200 Jones Rd Austin, TX 78745
  From 9:30 AM – 3:00 PM

For people who cannot receive their regularly scheduled Social Security payment as a result of Hurricane Harvey, in most cases they can go to any open Social Security office and request an immediate payment. A list of offices that are currently closed, as well as additional information for the public, is available at www.socialsecurity.gov/emergency.

To find the nearest open Social Security office outside of the affected areas, call 1-800-772-1213 (TTY 1-800-325-0778) or go to www.socialsecurity.gov/locator.

     To this point, Social Security's Office of Disability Adjudication and Review (ODAR) hasn't posted any information that I can find about the status of its hearing offices in the Houston area. Of course, I'm sure that all of the ODAR offices in the area are closed and that ODAR has a team working on the problem.

     Update: I've been told that Social Security is saying that only the Houston North hearing office is closed and that it will reopen next Tuesday. I'm having trouble believing this could be accurate. Even if all the hearing offices are "open" next week, they're certainly going to have only skeleton crews working and claimants will have enormous difficulty reaching the offices for hearings. If any Houston area claimant with a scheduled hearing is reading this blog, try to contact your attorney if you have one. They may have some information. If you're a claimant and your hearing hasn't been scheduled yet, relax. Give Social Security some time to sort things out.

Two Congressional Hearing

     The House Ways and Means Committee has scheduled two hearings for Wednesday, September 6. One definitely has to do with Social Security. The other may touch on Social Security. 

     First, at 10:00, the Social Security Subcommittee will hold a hearing on disability determination at Social Security. The announcement focuses on how long it takes for the agency to process cases. The Subcommittee wants to know what plan the agency has for doing something about the backlogs. That's rich since the overwhelming cause of the backlogs is inadequate administrative funding. That's controlled by Congress. Of lesser importance is the agency's reluctance to allow senior attorneys to approve some very strong disability claims after a request for hearing is filed. This reluctance also seems to be related to the atmosphere created by Republicans in Congress who seem to regard disability claims and claimants with suspicion if not hostility.

     At 2:00 the Human Resources Subcommittee will hold a hearing on Missing from the Labor Force: Examining Declining Employment among Working-Age Men. I haven't been able to find a full announcement on this hearing. In the past, Republicans have favored the argument that the declining employment to people going on Social Security disability benefits. However, recent research makes that argument look very weak.

Acting Commissioner's Broadcast E-Mail

From: ^Commissioner Broadcast
Sent: Wednesday, August 30, 2017 3:40 PM
Subject: Hurricane Harvey Update

A Message to All SSA and DDS Employees

Subject: Hurricane Harvey Update

Most of you know that the Dallas region is still dealing with the effects of Hurricane Harvey.   Harvey is now affecting both Texas and Louisiana.

Forecasters expect strong winds, heavy rain, flooding, and power outages to continue in both states.

Again, all of our SSA and DDS employees are safe and accounted for.  Offices in the Houston area will remain closed this week.  We are assessing damages to some of our local offices.

I’ve heard your concerns for all those impacted by this natural disaster, and especially for our claimants who are in harm’s way.  I offer the following information:

• How you can help—we are awaiting word from the Office of Personnel Management about a special solicitation for Hurricane Harvey relief.  We will provide that information as soon as we have it.
• September 1 payments—we are working closely with the U.S. Postal Service, the U.S. Department of Treasury, and the Federal Emergency Management Agency to ensure scheduled payments arrive on time.  We will provide additional information regarding emergency payments soon.

Please keep your colleagues and their families who are struggling in your thoughts and prayers.

Nancy A. Berryhill

Acting Commissioner