The Justice Department investigated as recently as this summer the roles of a top fund-raiser for President Trump and a lawyer for his son-in-law, Jared Kushner, in a suspected scheme to offer a bribe in exchange for clemency ...
A billionaire real estate developer from the San Francisco area, Sanford Diller, enlisted their help in securing clemency for a Berkeley psychologist, Hugh L. Baras, who had received a 30-month prison sentence on a conviction of tax evasion and improperly claiming Social Security benefits, according to the filing and the people familiar with the case. Under the suspected scheme, Mr. Diller would make “a substantial political contribution” to an unspecified recipient in exchange for the pardon. He died in February 2018, and there is no evidence that the effort continued after his death. ...
[T]he case relates to the conviction of Mr. Baras, 77, who was sentenced in 2014 and ordered to pay restitution of about $594,000 for tax evasion and illegally claiming disability insurance benefits to which he was not entitled from the Social Security Administration. ...
Dec 4, 2020
Investigation Into Alleged Bribe For Pardon Scheme -- The Crime: Social Security Fraud
Bill To Remove Five Month Waiting Period For ALS Patients Advances
From the Northwest Arkansas Democrat Gazette:
The U.S. Senate voted 96-1 Wednesday to speed up disability benefits for Americans who are diagnosed with amyotrophic lateral sclerosis -- commonly referred to as ALS.
The bill's sponsor, U.S. Sen. Sheldon Whitehouse, D-R.I., worked closely with U.S. Sen. Tom Cotton, R-Ark., to secure passage of the measure, which would waive the five-month waiting period that delays patients' access to Social Security Disability Insurance.
The legislation now heads to the other side of the Capitol. The House version of the bill, sponsored by U.S. Rep. Seth Moulton, D-Mass., already has more than 300 co-sponsors, including all four of Arkansas' congressmen. ...
The House Majority Leader has announced that this bill will be brought to the House floor next week.
This bill would be great for ALS patients but NO ONE should be subjected to this five month waiting period. Why give ALS patients relief from this waiting period but not patients with terminal cancer?
My clients ask me why this five month waiting period exists. They always give me a blank look of incomprehension when I tell them the only reason that five month waiting period is in the Social Security Act is to save money. There's no other explanation.
Dec 3, 2020
New Musculoskeletal Listings Could Still Be Axed By Biden Administration
The thing about those new musculoskeletal Listings published in the Federal Register today is that they are not supposed
to become effective until 120 days after publication, April 2, 2021, which will be well
after Inauguration Day. The minimum time is 30 days, meaning these could
have become effective before Inauguration Day. New regulations which
have not yet gone into effect can still be withdrawn. Other new
Administrations have put holds on new regulations
going into effect until they can be reviewed and some have been
withdrawn. I'm sure the 120 days is needed to do staff training and even
that is probably rushing it given the difficulty of doing training
during the pandemic but it gives the Biden Administration time to withdraw and rewrite the new Listings. Advocacy groups will be urging them to do so. I don't know whether these new Listings will be viewed by the new Administration as normal housekeeping or as a partisan attack on claimants. My strong opinion is that there is nothing in these new Listings that was required by any medical advances. It's entirely and intentionally slanted to cause more denials.
Dec 2, 2020
New Musculoskeletal Listings To Be Published Tomorrow
The final regulations rewriting the musculoskeletal Listings will appear in the Federal Register tomorrow. You can read them today. The Listings are an important factor in determining disability but certainly not the only one. Many, perhaps most, people who are approved do not meet a Listing. The draft of these new Listings which had been posted earlier in the Federal Register for comments, drew strong criticism from claimants' advocates.
Dec 1, 2020
Really On Top Of This One
From a notice that the Social Security Administration posted in the Federal Register:
We published notices in the Federal Register on October 28, 2019, March 2, 2020, and August 27, 2020, which announced the addresses for service of process. These documents contained the incorrect suite number in the address for the Office of the Regional Chief Counsel, Region VI, Social Security Administration. We are correcting the suite number in this notice. ...
[C]orrect the address for the Office of the Regional Chief Counsel, Region VI, Social Security Administration to 1301 Young Street, Ste. 350, Mailroom 104, Dallas, TX 75202–5433. ...
To explain a little, if you sue someone you have to notify them that they've been sued. That's called "service of process." Social Security insists that you serve process on them to differing addresses depending upon where the complaint is filed.
They published the same incorrect address three separate times over the course of ten months before somebody noticed.
Nov 30, 2020
Update On Trust Funds
Normally, Social Security's Office of Chief Actuary (OCA) updates its projections of the financial health of the Social Security Trust Funds once a year in an annual Trustees Report that comes out sometime in the first half of the year. Because of the Covid-19 pandemic, the OCA has issued a special update. If I am reading this correctly -- and I don't find it to be a model of clarity -- the date upon which the combined Trust Funds will run out of money goes from 2035 to 2034. I don't see separate projections for the Retirement and Survivors Insurance Trust Fund and the Disability Insurance Trust Fund.
Always remember two things when considering the future of the Trust Funds. First, it's extremely unlikely that any future Congress will allow the Trust Funds to run out of money. Second, even if they do run out of money, partial benefits could still be paid out of then current revenues, perhaps something like 80% of what's supposed to be paid.
Nov 29, 2020
Does Social Security Need A Beneficiary Advocate Office?
From David Weaver writing for The Hill:
Each November, the Social Security Administration (SSA) releases its Agency Financial Report. In the last several years, tucked away in the back of the report, is a discussion of “potential entitlements.” This is language the agency uses to describe situations where individuals should be receiving benefits but are not because of agency errors or because individuals are unaware of their eligibility for benefits.
An important example will illustrate.
In 2016, the agency discovered that, due to computer errors, more than 20,000 children per application year were not receiving Social Security benefits they were due (children are eligible for Social Security in the event that a parent dies or becomes disabled). Since this error was long-standing, it means, as an illustration, nearly 200,000 children in a 10-year period missed out on benefits they were legally due.
To date, SSA has still not contacted any of these families to help them receive their benefits. ...
The case of children missing out on benefits is just one example. How many other groups are out there? Quite a few.
In its 2016 Agency Financial Report, the agency reported there were 80 categories of individuals missing out on Social Security benefits. These groups included certain widows, retirees, spouses, and children, as well as groups affected by special Social Security provisions such as some military veterans. SSA has made very little progress in helping these groups receive their benefits. ...
SSA officials need to elevate these projects to a priority level. ...
Another systemic problem is the lack of congressional oversight. ...
In addition to oversight, Congress may want to make structural changes to the Social Security Administration. One possibility is to create, within the organization, a Beneficiary Advocate office, just as the IRS has a Taxpayer Advocate. ...
