Dec 18, 2018

What A Surprise

     The user fee -- really a tax -- on attorneys and others who receive direct payment of fees for representing Social Security claimants will remain at 6.3% in 2018.

Merry Christmas


Dec 17, 2018

Dec 16, 2018

Dec 15, 2018

Dec 14, 2018

Social Security Seeking Comments On Consideration Of Pain

     From an Advance Notice of Proposed Rulemaking which Social Security will publish in Monday's Federal Register:
We are soliciting public input to ensure that the manner in which we consider pain in adult and child disability claims under titles II and XVI of the Social Security Act (Act) remains aligned with contemporary medicine and health care delivery practices. Specifically, w e are requesting public comment s and supporting data related to the consideration of pain and documentation of pain in the medical evidence we use in connection with claims for benefits . We will use the responses to the questions below and any relevant research and data we obtain or receive to determine whether and how we should propose revisions to our current policy regarding the evaluation of pain.
     Remember, Democrats will control the House of Representatives in three weeks. Could the Social Security Administration go ahead with something terrible? Sure, but don't bet on it. Even if they try, they probably can't complete action on it before January 20, 2021.

SSA Seeking Comments On Rep Payees

     From a request for comments posted by Social Security in today's Federal Register:
We are requesting information on the appropriateness of our order of preference lists for selecting representative payees (payees) and the effectiveness of our policy and operational procedures in determining when to change a payee. We are seeking this information to determine whether and how we should make any changes to our representative payee program to help  ensure that we select suitable payees for our beneficiaries.

How Does The Economy Affect Disability Claims?

     The abstract of The Effect of Economic Conditions on the Disability Insurance Program: Evidence from the Great Recession by Nicole Maestas, Kathleen J. Mullen and Alexander Strand:
We examine the effect of cyclical job displacement during the Great Recession on the Social Security Disability Insurance (SSDI) program. Exploiting variation in the severity and timing of the recession across states, we estimate the effect of unemployment on SSDI applications and awards. We find the Great Recession induced nearly one million SSDI applications that otherwise would not have been filed, of which 41.8 percent were awarded benefits, resulting in over 400,000 new beneficiaries who made up 8.9 percent of all SSDI entrants between 2008-2012. More than one-half of the recession-induced awards were made on appeal. The induced applicants had less severe impairments than the average applicant. Only 9 percent had the most severe, automatically-qualifying impairments, 33 percent had functional impairments and no transferable skills, and the rest were denied for having insufficiently severe impairments and/or transferable skills. Our estimates imply the Great Recession increased claims processing costs by $2.960 billion during 2008-2012, and SSDI benefit obligations by $55.730 billion in present value, or $97.365 billion including both SSDI and Medicare benefits.
     I think that the factors that affect the filing of disability claims are far more complex than these authors have contemplated. It's obvious from statements made in the body of this study that the authors visualize people being laid off and immediately filing disability claims with Social Security but anyone involved in the disability claim process knows that that's not the way things usually worked then, now or anytime. Whatever the reasons for stopping work, only a small minority of disability claimants file their claims immediately after stopping work. There's usually a gap of at least several months and sometimes several years before people file their claims. When asked why they waited so long, people often answer that they kept hoping their condition would improve. The length of the gap between work ending and disability claim being filed can certainly be affected by the economic status of other people. The disability claim may be precipitated by the layoff of a family member, such as a spouse, who had been supporting the disabled person.
     The length of the gap between leaving work due to illness or injury and filing a disability claim may also be influenced by perceptions of how difficult it is to obtain Social Security disability benefits. One of the reasons people delay filing a claim is that they perceive, somewhat accurately, that it's difficult to be approved for Social Security disability benefits. I know that's not a rational way to act but people are often irrational. I'm pretty sure that the public perception of how tough it is to be approved isn't stable. I got the strong impression that in 2008 and 2009, after Barack Obama was elected President, that people thought it was becoming less difficult to be approved. They were wrong. It didn't get less difficult to get approved but that's what people thought and their misconception affected their behavior. Of course, Obama's election happened at a time when the economy was crashing and was, in part, due to that crash making it impossible to sort out everything that was going on.
     The authors of this study seem to visualize people being laid off from their jobs and then marching in to file disability claims. There are some disability claimants who have recently lost their jobs due to a general layoff but I'd estimate that at less than 10%. Most people who file disability claims, both then and now, made the decision on their own to leave employment due to illness or injury. Some of these decisions may be indirectly induced by their employer's business circumstances. Businesses in financial trouble often try to get more productivity out of their employees. An employee who could handle their job as it had been normally performed becomes unable to perform it when more is expected from them. Some who file disability claims have been fired because they could not do the job. Employer decisions on when to let an employee go on medical grounds can be affected by an employer's business circumstances. Someone who is a borderline employee in good times becomes an unnecessary burden in bad times. 
     I think this whole subject deserves more research and that sociologists need to be involved. At the least, someone needs to do research on how the gap between the date of becoming disabled and the date of filing a disability claim has changed over time. Social Security already has that data. It's just a matter of mining it from their databases. My guess is that that gap went way down in 2008 and 2009.