From a recent report by Social Security's Office of Inspector General (OIG):
I doubt that there's a foolproof solution to this problem. However, simplification of Social Security's work incentives would help. What's happened over the decades is that some member of Congress gets the bright idea that Social Security could reduce the number of people drawing disability benefits if they just gave them an incentive to return to work. Staffers try to tell the member of Congress gently that work incentives already exist but the member of Congress doesn't bother to study what already exist. They just insist that the staffers come up with a plan for new work incentives in the naive belief that one more work incentive will do the trick. That's how we end up with Expedited Reinstatement on top of the Extended Period of Eligibility on top of the Trial Work Period, supplemented by the concept of Impairment Related Work Expenses, not to mention Subsidized Employment, Unsuccessful Work Attempts, the separate blind standard for determining Substantial Gainful Activity and the near impossibility of determining whether self-employment is Substantial Gainful Activity! What did I leave out? Oh yes, there's some separate SSI work incentives. How many claimant understand any of this? For that matter, how many Social Security employees really understand this?
Using data extracted from the eWork system, we identified 4,504 beneficiaries from 1 segment of our data who completed a TWP [Trial Work Period] in Calendar Year 2012 and whose re-entitlement period ended in 2015.6 From this population, we selected a random sample on which to conduct detailed analysis. ...
Of the 200 sampled beneficiaries, SSA determined 97 had earnings that exceeded SGA after the TWP. Of the 97, SSA incorrectly paid 77. The Agency also incorrectly paid one beneficiary because it erroneously determined earnings had not exceeded SGA. In all, SSA incorrectly paid these 78 beneficiaries almost $1.3 million. Of the overpaid amount, SSA incorrectly paid
- almost $446,000 because of its own processing delays and errors and
- over $823,000 because of beneficiaries’ reporting failures. ...
We estimate SSA overpaid more than $571 million to over 35,000 beneficiaries who completed a TWP in 2012. Of the $571 million, SSA incorrectly paid almost $201 million because it failed to process work CDRs correctly or within its processing time goal and almost $371 million because beneficiaries failed to report their earnings, as required ...The OIG report assumes that if a claimant reported to Social Security that they had returned to work that the agency would have kept a record of that report. They're certainly supposed to but anyone who has experience in this field knows that many claimants insist that they did tell Social Security even though Social Security says that there's nothing in their records recording that. It's impossible to know for sure in each individual case but there are so many reports like this that no one at Social Security should feel confident about their process of recording reports of return to work. For a sign of the agency's fallibility, just look at how frequently they failed to act promptly even when they did record the report of return to work!
I doubt that there's a foolproof solution to this problem. However, simplification of Social Security's work incentives would help. What's happened over the decades is that some member of Congress gets the bright idea that Social Security could reduce the number of people drawing disability benefits if they just gave them an incentive to return to work. Staffers try to tell the member of Congress gently that work incentives already exist but the member of Congress doesn't bother to study what already exist. They just insist that the staffers come up with a plan for new work incentives in the naive belief that one more work incentive will do the trick. That's how we end up with Expedited Reinstatement on top of the Extended Period of Eligibility on top of the Trial Work Period, supplemented by the concept of Impairment Related Work Expenses, not to mention Subsidized Employment, Unsuccessful Work Attempts, the separate blind standard for determining Substantial Gainful Activity and the near impossibility of determining whether self-employment is Substantial Gainful Activity! What did I leave out? Oh yes, there's some separate SSI work incentives. How many claimant understand any of this? For that matter, how many Social Security employees really understand this?