Tuesday, May 28th, 2013

Fiscal Service

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Personnel Management Office

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Railroad Retirement Board

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Social Security Administration

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Veterans Affairs Department

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Your NADR Legislative Committee 

Wednesday, May 29th, 2013

Social Security Administration

Notices

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Your NADR Legislative Committee 

In advance of the expected release of the Trustees Report today, here is a piece by Trudy Lieberman at the Columbia Journalism Review: 

http://www.cjr.org/united_states_project/disability_social_security_and.php?page=all

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Your NADR Legislative Committee

Committee Comment: Essentially the same as previous years.

http://www.treasury.gov/press-center/press-releases/Pages/jl1963.aspx. 

Today’s reports make clear that while both Social Security and Medicare have sufficient resources to meet their obligations for at least the next decade, it is important that we put in place reforms to strengthen these programs.  Fundamentally, Social Security and Medicare benefits are secure today, but reform will be needed so that they will continue to be there for current and future retirees.

When considered on a combined basis, Social Security’s retirement and disability programs have dedicated resources sufficient to cover benefits for the next 20 years.  But, as was true last year, it is projected that the combined Social Security Trust Funds will be exhausted in 2033, and incoming revenues will be insufficient to maintain payment of full benefits starting in that year.  Medicare’s Hospital Insurance (HI) Trust Fund is projected to exhaust its assets in 2026, two years later than was projected in last year’s report, and nine years later than was projected in the last report released prior to passage of the Affordable Care Act.

Social Security’s Disability Insurance (DI) program faces the most immediate financing shortfall of any of the separate trust funds.   The Trustees project trust fund depletion in 2016, the same year projected in the last Trustees Report. While legislation is needed to address all of Social Security’s financial imbalances, the need has become most immediate with respect to the program’s disability insurance component.

The combined Old Age, Survivors, and Disability Insurance Trust Fund has accumulated $2.7 trillion in assets, and the program has sufficient funds to pay full benefits until 2033, the same year projected last year.  The 1983 reforms to the program ensured that these Trust Fund balances would build up over time. Social Security’s estimated 75-year actuarial deficit is 2.73 percent of taxable payroll, up 0.05 percentage points from last year’s estimate.  The slight worsening in Social Security’s projected finances can be explained entirely by the one year extension of the projection period to 2087.

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Your NADR Legislative Committee

This morning, SSA Chief Actuary Steve Goss and National Academy for Social Insurance VP for Income Security Policy Virginia Reno gave a briefing on the 2013 Social Security Trustees Report in the hearing room of the House Ways & Means Social Security Subcommittee. Actuary Goss went through the methodology used to make their projections for 75-year solvency, as well as key results.  His PowerPoint presentation is attached.  He reiterated that, while the combined Trust Funds have sufficient funds to pay full benefits until 2032, the DI Trust Fund is projected to be depleted in 2016.  He said that one purpose the annual Trustees Report is to give Congress a road map as they consider possible changes to the programs. 

Virginia Reno pointed out that Social Security benefits have already been cut by 24 percent as a result of changes to the law in enacted in 1983 and phased in over time.  These changes include increasing the retirement age from 65 to 67; taxing some Social Security benefits; and delaying the COLA by six months.  Yet, she said, the Social Security tax rate has not been increased since 1990.  She said that people see value in the Social Security system and are willing to pay for it, adding that Americans are willing to pay higher taxes in order to preserve and strengthen Social Security.

Here is a link to NASI's report:  Strengthening Social Security:  What Do Americans Want?:  http://www.nasi.org/research/2013/highlights-strengthening-social-security-what-do-americans-w   

To view the Office of the Actuary Reallocation Memo, click here.

To view the Key Results 2013 Trustees Report, click here.

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Your NADR Legislative Committee

Reducing Overlapping Payments Act one-pager (2)

http://politicalnews.me/?id=23649&keys=SOCIAL-SECURITY-DISABILITY-UNEMPLOYMET

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Your NADR Legislative Committee

Disability Help Center is currently seeking a hearing advocate.  Advocates are responsible for preparing cases for hearings and representing claimants at hearings pending before the Office of Disability Adjudication and Review. We are seeking advocates with experience in representing cliamants before the administration.The Hearings will take place in the New York City area. The ability to speak spanish is a plus. This position is immediately available.

Disability Help Center offers an excellent salary, bonus, health insurance and the opportunity to participate in a generous 401K plan.

A growing firm in Rocky Mount, North Carolina is seeking a direct pay non attorney disability representative or a qualified "test ready" non attorney representative to join our team. We serve claimants all over North Carolina.

Please forward salary requirements and resume to:

Shannon Hargrave via email: shargrave73@gmail.com

The candidate must be available to travel and work out of our Rocky Mount, NC office.

I am a retired individual with a BS, a Paralegal degree and 40+ years of business experience.   In addition, I worked with an attorney who specialized in SSDI claims.   I researched the evidence of record and wrote the pre-hearing and AC briefs.   Because of the ERE system I am continuing to provide these services to other attorneys.   If I can be of service please contact me at davidlcarlton@ymail.com.

Human Arc (Cleveland, Ohio) is seeking an experienced and dynamic individual to oversee the operations of one of its business units which works with Medicaid Managed Care plans, hospitals, and other institutions to efficiently identify and locate their disabled customers and those with disabled dependents and assist them in getting the Social Security disability benefits to which they are entitled.

The primary responsibilities of this leadership role include providing leadership to existing operations management and associate staff, managing the financial performance and ensuring that operational objectives are met.   This specifically includes:

• Directing and coordinating, through subordinate Team Leaders, internal operations in the business unit to ensure budgeted goals and strategic objectives are met

• Assisting the Director with development of Service Line related Standard Operating Procedures, Best Practices, and the service line’s Strategic Plan.

• Reviewing and analyzing reports and data required for planning activities such as new client commitments, status of work in progress and problem resolution action plans.

• Delivering and presenting on service line financial and key performance metrics to Executive Leadership

• Budget ownership, development and management to ensure profitable service line performance.

• Coordinating activities of department with related activities of other departments to ensure efficiency and economy.

• Successfully establishing and managing tactical external client and vendor relationships to ensure excellence in customer service and satisfaction

The person will be a strong leader with demonstrated results and success and the ability to handle the complex task of managing a large and growing organization with a keen eye to detail, general and financial management who can readily process and comprehend both operations and financial performance results, make a quick read and decide on optimal directions. Not only will the person be able to manage, but will also be a leader who can motivate and encourage superlative performance and gain the respect, admiration, loyalty and commitment from direct reports.  Prior experience working with enrollment operations, especially Social Security Disability claims submissions and processing a plus.  A Bachelor’s degree is required and a Masters degree is highly desirable.  

About Human Arc

We help hospitals and health plans improve their revenue and deliver community benefit. On their behalf, we help their patients and plan members with low or no income, and those who are aged or disabled, to enroll in government-funded assistance programs and realize quality-of-life improvements. Leveraging unmatched experience in program eligibility with the latest technologies, our dedicated, compassionate professionals yield results that exceed customer expectations. We have positively impacted the lives of millions of people and added billions of dollars to our nation’s healthcare economy.

About the Human Arc Environment

We believe strongly in providing employees a rewarding work environment in which to grow, excel and achieve personal as well as professional goals. Human Arc has been recognized nine times among the NorthCoast 99 Best Places to Work.

 Experience. Compassion. Results. That’s Human Arc.  

And if that’s you as well, let us know! You could be part of a team of people that is making a very positive difference in this world.

Please submit resume along with salary requirements to Careers@HumanArc.com.

Ortiz Law Firm

The NADR Board of Directors are happy to announce our first-ever NADR Networking Weekend which will take place October 17^th-19^th in Memphis, TN. This event is unlike our annual conferences in that the goal is to get to know and learn from other NADR members in a social setting.

Registration is $50.00 which includes a casual meet & greet, roundtable discussions and a luncheon all at The Westin Memphis Beale St. Hotel. Since this is a social event, there will be plenty of time to visit with other attendees and suggestions for fun group activities. We were given a very small block of rooms at a $165 per night rate and will be sending reservation instructions soon. We hope that events like this will foster relationships among members and add value to your NADR membership. 

http://oig.ssa.gov/audits-and-investigations/investigations/june14-minn

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Your NADR Legislative Committee

This is a “pre-publication” document from SSA.  That means it is a draft and final form will probably be different.  

Agency Information Collection Activities; Proposals, Submissions, and Approvals (2013-14278)

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Your NADR Legislative Committee

On June 19, 2013 the House Ways & Means Social Security Subcommittee held a hearing entitled: "Encouraging Work Through the Social Security Disability Insurance Program."  Chairman Sam Johnson (R-TX), Ranking Democrat Xavier Becerra (D-CA), Jim Renacci (R-OH), Mike Kelly (R-PA), Tim Griffin (R-AR) and Lloyd Doggett (D-TX) participated in the hearing. 

Chairman Johnson opened the hearing by stating that we need to help those who can and want to work.  Those who want to work can be trapped by the disability programs, he said, adding that experts say more people on disability would work with the proper program supports.  Rep. Becerra stressed that Congress must do no harm to those who cannot work, but agreed that Social Security disability benefits should not be a barrier to work.  He pointed out that many on SSDI try to work, but can't sustain employment.  He added that budget cuts to SSA's administrative budget have curtailed SSA's efforts to help people return to work.  He said that, before Congress enacts new programs, it needs to determine whether it is prepared to pay to support them.

Panel:

Mark G. Duggan, Ph.D., Professor, The Wharton School, University of Pennsylvania Testimony

Dr. Duggan contended that the growth in the SSDI program is not explained by demographic changes, as the Social Security Trustees Report asserts.  Rather, he argues that the "evolution of diagnoses as a result of the liberalization of medical eligibility criteria" that occurred in the mid-1980s accounts for most of the growth in SSDI.  He argued for adding a "front end" to the SSDI system to intervene while people are still on the job and to provide an incentive to work.

Mary C. Daly, Ph.D., Group Vice President and Associate Director of Research, Federal Reserve Bank of San Francisco Testimony
Dr. Daly concurred that the growth in SSDI is not explained by demographics.  She discussed efforts of Sweden and the Netherlands to control costs in their disability systems.  She said that those countries expanded beyond those who can't work, and made a commitment to supporting work.  They found that it was harder to move existing beneficiaries back into the workforce, but they had success in focusing on the flow of new beneficiaries into the system, she concluded.

Kevin Ufier, National Director Managed Disability, GENEX Services Testimony
Mr. Ufier said that disability is often a temporary condition.  GENEX helps keep people at work or assists in their rapid return to work after a disability.  It is  comprehensive program administered by the employer and encompassing the employee, medical professionals and a comprehensive system of services and supports. 

Lisa D. Ekman, Director of Federal Policy, Health & Disability Advocates, on behalf of the Consortium for Citizens with Disabilities Social Security Task Force Testimony

Dr. Ekman stressed that services and supports are necessary for return to work.  However, she said it is not SSA's job to provide these.  SSA's job is to replace income for those who are eligible and cannot work.  She said that SSDI is the least generous of any disability benefit in all of the OECD countries except South Korea.  She agreed that we need to look at the entire disability support system, but stressed that we can't blame SSDI for the failure of other programs. 

James Smith, Budget and Policy Manger, Division of Vocational Rehabilitation, Vermont Agency of Human Services
Testimony
Mr. Smith said that current SSDI rules undermine work efforts.  He pointed to the cash cliff as a huge disincentive to returning to work.  He said his state is involved in a pilot program providing an earnings offset to assure that increased hours worked always translates to increased earnings.

David Weaver, Ph.D., Associate Commissioner, Office of Program Development and Research, accompanied by Robert Williams, Associate Commissioner, Office of Employment Support Programs, Social Security Administration Testimony

Dr. Weaver told the Subcommittee that simplified work rules would help.  He said that demonstration authority is key to finding out what works.  He asked for the Subcommittee's support for SSA's proposed  Youth Transition Demonstration Program.  Just before the close of the hearing, Bob Williams, speaking through an assistive device, told the Subcommittee that there are about four million Americans with disabilities who are employed, but most make less than $20,000 annually.  The initial question we all need to grapple with, he said, is how do we reward those workers?  It is not just about services, it is about creating opportunities for them to get and keep good jobs and careers that can lead to self-supporting futures.

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Your NADR Legislative Committee

http://oig.ssa.gov/audits-and-investigations/audit-reports/a-12-13-23002

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Your NADR Legislative Committee

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Your NADR Legislative Committee

Wednesday, June 26th, 2013

Social Security Administration

Proposed Rules

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The documents received via our E-mail subscriptions service originate from FederalRegister.gov, which displays an unofficial “Web 2.0” version of the daily Federal Register. The official electronic version in PDF format is also available as a link from FederalRegister.gov or directly from GPO’s Federal Digital System website. For more information, please read our Legal Status page.

The documents received via E-mail from our Public Inspection web page originate from official copies filed at the Office of the Federal Register. For more information, please read About Public Inspection.

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Your NADR Legislative Committee

The House Oversight and Government Reform Subcommittee on Energy Policy, Health Care and Entitlements held a hearing this morning to look at Oversight of Rising Social Security Disability Claims and the Role of Administrative Law Judges.   Subcommittee Members attending the hearing included Chairman Jim Lankford (R-OH); Ranking Democrat Jackie Speier (D-CA); and Representatives Paul Gosar (R-AZ); Tim Walberg (R-MI); Scott DesJarlais (R-TN); Thomas Massie (R-KY); and Steven Horsford (D-NV).  Chairman Lankford opened the hearing by introducing his colleague from Oklahoma, Senator Tom Coburn, Chair of the Senate Permanent Investigations Subcommittee, who discussed his Subcommittee's investigation that culminated in a staff report and a September 13, 2012 hearing on the quality of benefit awards.  

Senator Coburn did not submit written comments.  He told the Subcommittee that his investigation looked at the manner, method and lack of congressional oversight over the Social Security disability programs over the past 30 years.  He said they found flaws, particularly with the vocational grid program.  He warned that the "truly disabled" will be see benefit cuts if Congress doesn't make significant changes.  He said that the extreme hearings backlog puts pressure on ALJs to hear 500-700 cases per year, which is "impossible to do effectively."  He said that it takes less time to approve a claim then to write a disapproval.  He said there was tremendous collusion between some ALJs and lawyers, adding that the issue is at the Justice Department now.  He said that SSA has abandoned the Minnesota Multi Personality Test and other accepted standards so that they are no longer available to ALJs.  He called the CDR process "a joke," adding that Congress needs to reform the disability adjudication process.  He said that there are great people who work at SSA who do their job, only to have an ALJ override them in a case that has been denied twice.  He said that ALJs don't look at all the evidence and no one represents the government.  He indicated that lawyers find doctors who will find that a claimant is disabled.  If we don't do something, he said, in 17 months benefits will be cut.  He told a story about a contractor he hired to clear trees from his yard after a storm.  The contractor wanted the check for his services to be written to his mother because, according to Chairman Coburn, "he was on full disability but had been working clearing trees for the past three years."  He said the contractor was no longer disabled, but his case was never reviewed by SSA. 

In his opening statement, Chairman Lankford said the hearing would focus on the growth in disability programs.  He said that experts attribute the growth to the fact that claims are increasingly judged on subjective criteria, adding that SSDI is ineffective in assisting workers to reach their employment potential.  He said the programs create an incentive to stay out of the workforce that SSA has failed to address.  He stated that ALJs only get a case after the applicant has been denied twice, yet the approval rate at the ALJ level is 67% (this statistic was challenged later in the hearing).  He charged that millions of people receiving disability benefits are able to work, adding that ALJ approvals are final and irrevocable awards of taxpayer funds.  He said that SSA refuses to prioritize CDRs.  He asserted that the Treating Physician Rule favors the treating physician even if the claimant has only seen that physician once.  He concluded that the process is one-sided with the government being unrepresented and that claimants are gaming the system.  He indicated the Subcommittee was looking forward to identifying steps to address these problems. 

Ranking Democrat Speier pointed out that benefits are not generous and are a life line for those who cannot work.  It is an earned benefit that workers pay for through FICA taxes.  She said that previously, the program had been badly administered leading to average backlogs of 512 days in 2007.  Since then in response to inquiries from Congress, SSA hired more judges, adopted new technology and set goals to reduce the backlog to 375 days.  That is still high, she said, but an improvement.  She pointed out that approval rates have dropped from a high of 61% to 47% today – the lowest approval rate since 1970. She said there still is work to do on the backlog but that it requires congressional support.  She cautioned that Congress needs to look at the facts before jumping to conclusions.

The next panel of witnesses was Glenn Sklar, Deputy Commissioner, Disability Adjudication and Review, SSA; Larry Butler and Thomas Snook, both  ALJs in the Miami ODAR; J.E. Sullivan and Drew Swank, both ALJs for the Department of Labor and former SSA ALJs;  and Tom Sutton representing NOSSCR.  Links to the witnesses full statements appear below.

Glenn E. Sklar

Deputy Commissioner, Disability Adjudication and Review

Social Security Administration

The Honorable Larry J. Butler

Administrative Law Judge, Miami Office of Disability Adjudication and Review

Social Security Administration

The Honorable Thomas W. Snook

Administrative Law Judge, Miami Office of Disability Adjudication and Review

Social Security Administration

The Honorable J.E. Sullivan

Administrative Law Judge, Pittsburgh Office of Administrative Law Judges

U.S. Department of Labor

The Honorable Drew A. Swank

Administrative Law Judge, Pittsburgh Office of Administrative Law Judges

U.S. Department of Labor

Thomas D. Sutton

Board of Directors

National Organization of Social Security Claimants’ Representatives

Hearing Documents

Exhibits - The Honorable J.E. Sullivan

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Your NADR Legislative Committee