I think it was Richard Nixon who most famously said, "Just because you're paranoid doesn't mean that they aren't out to get you." I think most Social Security disability representatives have a little paranoia and it's probably well earned.
This post is for those individuals who are interested in keeping up with what Uncle Sam is doing or wants to do with the Social Security disability program. If you are not one of those people, I have plenty of more practical posts for you to read. If you are interested, please read on.
I want to share some bits of information gleaned from the April 9, 2014 hearing of the Congressional oversight committee--held to explore ways that Social Security can "improve" the disability process. This is the Congressional committee charged with overseeing the Social Security Administration. (The fox is guarding the hen house and the fox is talking about "improving" hen house security. A healthy republic needs a due amount of skepticism).
The first observation of the Committee was that the Social Security disability program has had rapid growth and "this growth is unsustainable." That seems to have framed the rest of the hearing.
The Committee is pushing hard for more Continuing Disability Reviews (CDR). These reviews are to examine individuals currently receiving disability and determine whether they are still disabled or may have their benefits terminated. It was noted that Social Security now has a backlog of 1.3 million reviews. The goal is to find hordes of persons whose disability benefits can be terminated. If the present rules do not permit such terminations, then the Committee hints that maybe the rules need to be changed.
The Committee wants more regulations that make disability even more difficult to get. For example, SSA should revise the "treating source" rule, giving administrative law judges the right to use non-treating doctors' opinions with the same weight as is now given to treating doctors. Social Security should have its Appeals Council review more of the favorable decisions by judges using its "own motion" rule. The effect of this would be (a) possibly to put pressure on administrative law judges to issue fewer favorable decisions and (b) possibly use the Appeals Council to overturn many favorable decisions that are issued by administrative law judges. The Committee believes that decisions by judges with a high award rate should be "red flagged."
Also, the Oversight Committee wants Social Security to review a claimant's social media accounts before it makes a disability determination. This review of a claimant's social media postings would also apply to Continuing Disability Reviews. (If you are on Social Security disability and use social media, this ought to be a warning to you. Are you listening)?
The Congress, if this committee is any indication, is applying more and more pressure to make Social Security disability harder and harder to get and even more difficult to keep.
In my state, 70.1 percent of disability applications are already being denied at the initial level. At the hearing level, only 42 percent are being approved (national average). So about 3 out of 4 disability cases are ever approved. Of the 1 out of 4 that eventually get approved, many take months or years. Now the government is tightening the screws even further.
What is interesting is that the Congress apparently wants to tighten the screws on Social Security disability through the relatively invisible administrative process rather than by Congressional action requiring Congress to vote. In short, no member of Congress wants his or her name attached to a vote to deny or terminate benefits. Whoever said politicians are supposed to be courageous!
This post is for those individuals who are interested in keeping up with what Uncle Sam is doing or wants to do with the Social Security disability program. If you are not one of those people, I have plenty of more practical posts for you to read. If you are interested, please read on.
I want to share some bits of information gleaned from the April 9, 2014 hearing of the Congressional oversight committee--held to explore ways that Social Security can "improve" the disability process. This is the Congressional committee charged with overseeing the Social Security Administration. (The fox is guarding the hen house and the fox is talking about "improving" hen house security. A healthy republic needs a due amount of skepticism).
The first observation of the Committee was that the Social Security disability program has had rapid growth and "this growth is unsustainable." That seems to have framed the rest of the hearing.
The Committee is pushing hard for more Continuing Disability Reviews (CDR). These reviews are to examine individuals currently receiving disability and determine whether they are still disabled or may have their benefits terminated. It was noted that Social Security now has a backlog of 1.3 million reviews. The goal is to find hordes of persons whose disability benefits can be terminated. If the present rules do not permit such terminations, then the Committee hints that maybe the rules need to be changed.
The Committee wants more regulations that make disability even more difficult to get. For example, SSA should revise the "treating source" rule, giving administrative law judges the right to use non-treating doctors' opinions with the same weight as is now given to treating doctors. Social Security should have its Appeals Council review more of the favorable decisions by judges using its "own motion" rule. The effect of this would be (a) possibly to put pressure on administrative law judges to issue fewer favorable decisions and (b) possibly use the Appeals Council to overturn many favorable decisions that are issued by administrative law judges. The Committee believes that decisions by judges with a high award rate should be "red flagged."
Also, the Oversight Committee wants Social Security to review a claimant's social media accounts before it makes a disability determination. This review of a claimant's social media postings would also apply to Continuing Disability Reviews. (If you are on Social Security disability and use social media, this ought to be a warning to you. Are you listening)?
The Congress, if this committee is any indication, is applying more and more pressure to make Social Security disability harder and harder to get and even more difficult to keep.
In my state, 70.1 percent of disability applications are already being denied at the initial level. At the hearing level, only 42 percent are being approved (national average). So about 3 out of 4 disability cases are ever approved. Of the 1 out of 4 that eventually get approved, many take months or years. Now the government is tightening the screws even further.
What is interesting is that the Congress apparently wants to tighten the screws on Social Security disability through the relatively invisible administrative process rather than by Congressional action requiring Congress to vote. In short, no member of Congress wants his or her name attached to a vote to deny or terminate benefits. Whoever said politicians are supposed to be courageous!
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