Tuesday, May 26, 2015

Circuit Court Rules Against Obama Amnesty Action


President Obama announces his executive action on immigration Nov. 20, 2014
A panel of three judges on the 5th U.S. Circuit Court of Appeals affirmed a lower court’s order halting President Obama’s executive action delaying deportation for up to 5 million illegal aliens.
The 5th Circuit denied a motion to stay the injunction and narrow its scope because, determining the government is unlikely to succeed on the merits of its appeal.
The opinion said the government’s action “makes aliens who were not otherwise qualified for federal public benefits eligible for ‘social security retirement benefits, security disability benefits, [and] health insurance under Part A of the Medicare program.’”
“Further, ‘each person who applies for deferred action pursuant to the [DAPA] criteria … shall also be eligible to apply for work authorization for the [renewable three-year] period of deferred action.’”
Such procedures would allow illegal aliens to “‘obtain a Social Security Number,’ ‘accrue quarters of covered employment,’ and ‘correct wage records to add prior covered employment,’” the opinion said.
It warned that should the program ultimately struck down, the illegal aliens who participated would have benefited improperly.
The injunction, the judges said, preserves the status quo.
“Under the injunction, DHS can choose whom to remove first; the only thing it cannot do is grant class-wide lawful presence and eligibility for accompanying benefits as incentives for low-priority aliens to self-identify in advance,” the court said.
The ruling Tuesday, 26 May, upheld the injunction issued by U.S. District Judge Andrew Hanen.
His preliminary injunction in February said: “The United States of America, its departments, agencies, officers, agents and employees and Jeh Johnson, secretary of the Department of Homeland Security; R. Gil Kerlikowske, commissioner of United States customs and Border Protection; Ronald D. Vitiello, deputy chief of United States Border Patrol, United States Customs and Border Protection; Thomas S. Winkowski, acting director of United States Immigration and Customs Enforcement; and Leon Rodriguez, director of United States Citizenship and Immigration Services are hereby enjoined from implementing any and all aspects or phases of the Deferred Action for Parents of Americans and Lawful Permanent Residents.
Hanen later refused a government request to lift his order halting Obama’s DAPA program.
The appeals court ruling marks a huge setback for Obama’s strategy of giving millions of Democrat-leaning illegals a pathway to legal residency, Social Security numbers and other benefits, including critics say, voting rights.
David Limbaugh’s book chillingly documents the destructive “transformation” of the United States — get “The Great Destroyer: Barack Obama’s War on the Republic”
The case was brought by 26 states, led by Texas.
The judge released documentation of what he described as the government’s misleading statements, the Los Angeles Times reported.
Hanen’s ruling followed tense exchanges in court between government lawyers and the judge. Hanen had expressed frustration with the government for failing to inform him that officials had given deferred action to 108,000 applicants shortly after Obama announced his plan in November.
“The court expects all parties, including the government of the United States, to act in a forthright manner and not hide behind deceptive representations and half-truths,” Hanen wrote.
Attorneys for the 26 states are arguing Obama’s executive action causes “irreparable harm” to their local interests.
WND reported Hanen ordered, at the time, the government to explain why federal officials had approved tens of thousands of three-year exemptions between Nov. 24, 2014, and Hanen’s injunction.
Hanen’s order, Feb. 16, did not block a 2012 plan that offers amnesty to those who were brought to the U.S. illegally as children.
But that program doesn’t provide for three-year exemptions, only two-year exemptions. The new exemptions are part of the administration’s November orders, which are the subject of the current case.
The Texas case was joined by Arizona Sheriff Joe Arpaio, who has a similar case before a federal appeals court in Washington, D.C..
Hanen’s order faulted the Obama amnesty plan because officials failed to comply with the Administrative Procedures Act.
Meanwhile, Obama, according to the Washington Times, told a Miami crowd he would move ahead with his executive action on immigration and vowed his administration would become even more aggressive in the weeks and months to come.
A filing from attorney Larry Klayman of Freedom Watch noted Obama said: “This is just one federal judge. We have appealed it very aggressively. We’re going to be as aggressive as we can.”
Wrote Klayman: “The Obama administration is continuing to signal not only its disagreement with the court’s order, which is its right, but beyond that its non-compliance with the court’s order.
The Texas lawsuit was filed when the states suddenly faced massive new demands for public services such as schooling and health care from foreigners who previously had been subject to deportation.
Hanen granted a preliminary injunction that prevents the government from enforcing the Obama administration’s immigration orders. The ruling also confirmed WND’s exclusive report that, contrary to popular perception, the order to delay deportation was not an executive order by the president. Instead, it was a memorandum issued by Department of Homeland Security Secretary Jeh Johnson at Obama’s direction.
Klayman even noted that according to a Weekly Standard report, Obama was threatening “consequences” for federal employees who followed the judge’s order instead of the amnesty memos from Johnson.
That report quoted Obama saying: “Until we pass a law through Congress, the executive actions we’ve taken are not going to be permanent; they are temporary. There are going to be some jurisdictions and there may be individual ICE official or Border Control agent not paying attention to our new directives. But they’re going to be answerable to the head of Homeland Security because he’s been very clear about what our priorities will be.”
He continued, “If somebody’s working for ICE … and they don’t follow the policy, there’s going to be consequences to it.”
Sen. Jeff Sessions, R-Ala., at the time described the administration’s action as “another program that has not been authorized by law.”
“There’s been no sense at all by President Obama, the Department of Home Security [Secretary] Jeh Johnson, the Democratic members of this Congress, no concern about the employment prospects of lawful immigrants, green card holders and native-born Americans,” Sessions told the Times. “The first thing we should do is be focusing on getting jobs for Americans that are unemployed. Are we going to keep Americans on welfare and benefits while we bring in more and more foreigners to take jobs when we’ve got Americans ready and willing to take those jobs?”
Sen Ted Cruz, R-Texas, also raised the issue of compliance with the court order.
“Violating an unambiguous federal court order by defying its instructions to cease and desist a particular activity would represent a significant breach of your authority, and would be an escalation in abuse of our separation of powers,” Cruz wrote to administration officials. “For a president and his cabinet to telegraph intent to violate a federal court order requires additional scrutiny from Congress.”
But administration officials were unabashed in their intent.
The Washington Times said Cecilia Munoz, White House domestic policy director, addressed the issue: “It’s important to put [Hanen's order] in context, because the broader executive actions are moving forward. The administration continues to implement the portions of the actions that the president and the Department of Homeland Security took, which were not affected by the court’s ruling.”
Even Obama himself said, however, he couldn’t grant amnesty alone.
House Speaker John Boehner has listed 22 times when Obama has made such statements.
For example, in October 2010, Obama said: “I am president, I am not king. I can’t do these things just by myself. … I’ve got to have some partners to do it. … If Congress has laws on the books that says that people who are here who are not documented have to be deported, then I can exercise some flexibility in terms of where we deploy our resources, to focus on people who are really causing problems as opposed to families who are just trying to work and support themselves. But there’s a limit to the discretion that I can show because I am obliged to execute the law. … I can’t just make the laws up by myself.”
WND also reported when yet another a federal judge in Pennsylvania declared the amnesty unconstitutional.
“President Obama’s unilateral legislative action violates the separation of powers provided for in the United States Constitution as well as the Take Care Clause and, therefore, is unconstitutional,” said U.S. District Judge Arthur J. Schwab.
The judge noted Obama “contended that although legislation is the most appropriate course of action to solve the immigration debate, his executive action was necessary because of Congress’ failure to pass legislation, acceptable to him, in this regard.”
“This proposition is arbitrary and does not negate the requirement that the November 20, 2014, executive action be lawfully within the president’s executive authority,” the judge wrote. “It is not.”

image: http://www.wnd.com/files/2015/02/obama-speech-amnesty.jpg

Tuesday, April 21, 2015

Cadet Webster Smith's Former Attorney, Ronald Machen's Final Act Was A Swawn Song


                                       
The Obama Administration’s latest gift to Lois Lerner, the former IRS tax-exempt chief, came recently when U.S. Attorney for the District of Columbia Ronald Machen informed the House of Representatives that he would not file charges on its formal contempt citation against Ms. Lerner. This absolution, which shields Ms. Lerner from a grand jury probe, came on Ronald Machen’s final day on the job. Then he pulled a quick disappearing act.


                                                            (Ronald Machen)
To review the Facts:
Ronald Machen is no stranger to high profile cases, and he has taken his share to the U.S. Supreme Court.

He represented former Coast Guard Academy cadet, Webster Smith in his efforts to overturn his 2006 court-martial conviction.
(https://www.amazon.com/author/cgachall.blogspot.com)


    (Lois Lerner)
 If Americans know anything about the IRS it’s that it accepts no excuses, and so they trudged wearily on Wednesday, April 15th, to pay their taxes. That’s in notable contrast to the free passes that keep flowing to the tax agency’s most famous former employee, Lois Lerner.
Ms. Lerner was summoned to the House on May 22, 2013, to answer questions about her role in the IRS’s politically biased review of Tea Party nonprofit group applications for tax-exempt status.
She began her testimony with a statement recounting her career, reprising the scandal and proclaiming her innocence. She ended by saying: “I have not done anything wrong. I have not broken any laws, I have not violated any IRS rules or regulations, and I have not provided false information to this or any other congressional committee.” Only after she offered this long defense did she claim her right not to incriminate herself by citing the Fifth Amendment, refusing to answer questions.
House lawyers determined that, in making that statement, Ms. Lerner had forfeited her right to remain silent. The House on May 7, 2014 held her in contempt of Congress and sent the citation to Ronald Machen.
The law clearly explains that the U.S. Attorney’s only “duty” “shall be” to “bring the matter before the grand jury for its action.” Mr. Machen instead sat on the contempt citation for 11 months, and on March 31 sent Speaker John Boehner a letter explaining he ha unilaterally decided not to investigate Ms. Lerner.
According to Ronald Machen’s rationale, Ms. Lerner’s statement made only “general claims of innocence” that did not forfeit her Fifth Amendment rights to refuse to answer questions. To reach this conclusion, Ronald Machen had to willfully ignore that Ms. Lerner, in her statement, rebutted specific accusations against her.
“[M]embers of this committee have accused me of providing false information when I responded to questions about the IRS processing of applications for tax exemption,” she said, before claiming she had never done so. Those accusations had been detailed to her in a letter from former House Oversight Committee Chairman Darrel Issa, eight days before she testified.
Ronald Machen also had to ignore that Ms. Lerner had prior to her House appearance voluntarily met for an interview with Justice prosecutors. As the Heritage Foundation’s Hans von Spakovsky has noted, the D.C. Circuit Court of Appeals in its 1969 Ellis v. U.S. decision found that “once a witness has voluntarily spoken out, we do not see how his protected interest is jeopardized by testifying in a subsequent proceeding, provided he is not required to disclose matters of substance which are unknown to the Government.”
Since Ms. Lerner had already disclosed to the “government” (prosecutors), she lost her privilege to clam up before Congress. And we’d note that after her House stonewall, she again chose to speak in an interview with the Politico website. Ms. Lerner wants the right not to answer questions except when it suits her public-relations purposes.
In any event, the job of making these legal calls belonged to a grand jury—not Ronald Machen.
                                         (Eric Holder with Ronald Machen)

Then again, this is the prosecutor who in an exit interview with the National Law Journal about his tenure touted his allegiance to Attorney General Eric Holder, describing him as a “tremendous mentor and a tremendous friend.”
After Ronald Machen’s performance in shielding Ms. Lerner from the consequences of her actions, Mr. Holder would no doubt return the compliment. The handling of the IRS scandal is a blot on both of their careers. 
(Source: wall Street Journal Opinion, Apr15, 2015)

Tuesday, April 14, 2015

DWI Is A Breeze Compared To DWB


There’s No Such Crime As ‘Driving While White’

There’s No Such Crime As ‘Driving While White’
The shooting of Walter L. Scott in South Carolina prompts the question:
When is the last time you heard of a white man in a Mercedes-Benz being pulled over for driving with a broken taillight?
It has probably happened somewhere, sometime, but there’s a better chance of your car being hit by a meteor.
Getting shot dead during a minor traffic stop also isn’t a prevailing fear among white males in America, no matter what type of vehicle they own.
Scott himself didn’t imagine he was going to die when he was pulled over. Unfortunately, he happened to be a Black man driving a Mercedes, which is what got him noticed. He was behind on child-support payments and probably didn’t want to go to jail.
Something happened at the scene, Scott got Tased and then tried to run away. Officer Michael Slager fired eight times, hitting the unarmed 50-year-old in the back. The killing was caught on cellphone video by a bystander.
Slager told the dispatcher that Scott had snatched his Taser, but the video shows the officer dropping an object that looks just like a Taser near Scott’s handcuffed body. Slager has been charged with murder and fired from his job.
The shooting was shocking to watch, as the whole world has, yet the sequence of events leading up to it is sadly familiar to Black men in this country. They can’t afford to drive around as carefree as us white guys.
In September, a South Carolina state trooper shot and wounded another unarmed Black motorist after pulling him over because he allegedly wasn’t wearing his seatbelt.
I’ve got white friends who rarely buckle up, yet I don’t know of one who has been ticketed for it, or even stopped and warned. Maybe they’re just lucky.
The Black comedian Chris Rock uses his Twitter account to record his traffic-stop encounters. In a recent seven-week period, he was pulled over three times (once as a passenger).
It’s possible he and his friends aren’t very good drivers. It’s also possible they’ve been targeted merely for “Driving While Black,”(DWB) an unwritten offense that still exists in many regions of the country, not just the Deep South — and not just in high-crime areas.
The odds would be fairly slim for a black man driving a luxury car not to be pulled over at least once on a road trip between, say, Utah and North Dakota. Even in a ’98 Taurus he’d need to be watching the rear-view mirror for blue lights.
Generalizing about traffic stops can be problematic. The numbers often spike in certain neighborhoods at certain times of day, and a small number of officers can account for many incidents of racial profiling.
Still, the evidence that it exists is more than anecdotal.
Using a “Police-Public Contact Survey,” the U.S. Justice Department analyzed traffic stops of drivers aged 16 or older nationwide during 2011, comparing by race and weighting by population.
To the astonishment of hardly anyone, Black drivers were about 31 percent more likely to be pulled over than white drivers, and approximately 23 percent more likely to be pulled over than Hispanic motorists.
A series published by the Washington Post in September reported that minority drivers had their cars searched (and cash seized) at a higher rate than white drivers. That jibed with the Justice Department’s conclusion that vehicle searches occurred substantially more often when the driver wasn’t white.
Another unsurprising fact: Compared to other races, white drivers were most likely to get pulled over for speeding. Black drivers were statistically more likely to be stopped for vehicle defects or record checks.
Which is what happened to Walter L. Scott in North Charleston.
Never in almost five decades of driving have I been pulled over for a busted brake light or a burned-out headlight, even though I’ve had a few.
It didn’t matter whether I was in a Dodge, Oldsmobile, Jeep, Ford, Chevy or even, for a while, a Mercedes SUV.
The only thing I’ve ever been stopped for is, like many impatient white people, driving too fast.
And every time a police officer walked up to my car, I knew exactly why he or she wanted to chat with me. It was no mystery whatsoever.
That’s not always the case for a Black man behind the wheel of a car in this country. This is not just a perception; it’s a depressing reality.
If it had been me or Matt Lauer or even faux Hispanic Jeb Bush driving that Mercedes-Benz in South Carolina, Officer Slager wouldn’t have stopped the car. Not for a busted taillight, no way.
Which prompts another question: How long can this go on?
(Carl Hiaasen is a columnist for The Miami Herald. Readers may write to him at: 1 Herald Plaza, Miami, FL, 33132.)
Photo: Redjar via Flickr

Friday, March 20, 2015

Judge Sues Social Security Administration For Discrimination

Social Security Administration judge in Portland claims age discrimination

Administrative Law Judge Katherine Morgan, who is 71, is suing the Social Security Administration (SSA) and the Commissioner of SSA in U.S. District Court in Portland for age and sex discrimination..

Judge Katherine Morgan rules on disability cases for the SSA. She has sued the SSA accusing her supervisors of age and gender discrimination and retaliating against her for filing complaints about her treatment.
Judge Katherine Morgan, one of seven judges in the Office of Disability Adjudication and Review (SSA/ODAR) in Portland, said in the lawsuit filed Thursday, March 19th, in U.S. District Court in Portland that she was targeted by the office’s chief judge (CALJ)because of her age. She is 71.
Morgan, who has been a judge since 1994, filed a written complaint to her immediate supervisor, Chief Judge Guy Fletcher, after she was told on Dec. 11, 2013, that she was being targeted in an investigation by the SSA for her performance. The investigation focused on Morgan’s high production rate in deciding cases, for approving a high number of appeals and for attendance issues, according to the lawsuit.
“Chief Judge Fletcher repeatedly falsely accused Judge Morgan of time and attendance violations for documenting her time and attendance in exactly the same manner as the other judges, who were not accused,” the lawsuit says. “The discriminatory conduct directed at Judge Morgan by her fellow employees was known to and acquiesced in by her direct supervisor, Chief Judge Fletcher. The discriminatory conduct was directed at Judge Morgan by Chief Judge Fletcher was known to and acquiesced in by Regional Chief Judge (Carol) Sax, Chief Judge Fletcher’s direct supervisor. The discriminatory conduct was intentional, willful and malicious, entitling Judge Morgan to an award of punitive damages.”
The lawsuit does not specify how much money Morgan is seeking. She demands a jury trial seeking damages for lost money, emotional pain, compensation allowed by law and other legal fees.
The lawsuit was filed on Morgan’s behalf by attorneys from the Portland law firm Norman, Hanson and DeTroy. One of her attorneys, Theodore Kirchner, declined through a member of his staff to respond.
A regional spokesman for the Social Security Administration, Roberto Medina, could not be reached for comment.
Maine’s offices of Disability Adjudication and Review routinely take longer to decide disability appeals than the national average and approve more disability claims than the national average, according Social Security Administration data compiled by the website www.disabilityjudges.com.
In the most recent fiscal year, Maine judges approved 53 percent of disability claim appeals, dismissed 24 percent of claims and denied 23 percent, according to the website’s statistics.
Morgan approved more appeals than any other judge in the Portland office. She approved 65 percent of disability claim appeals, dismissed 20 percent and denied 15 percent. She decided 148 cases from last Oct. 1 to March 11.
By comparison, Judge Fletcher approved 54 percent of appeals, dismissed 15 percent and denied 31 percent. He decided 48 cases in the same period.
Judge John Edwards approved the fewest appeals in the Portland office, with 35 percent approved, 30 percent dismissed and 34 percent denied. He decided 151 cases.
 (By Scott Dolan Staff Writer ,sdolan@pressherald.com)

Wednesday, March 18, 2015

Deny Social Security Cards To Illegal Aliens

Republicans’ Latest Salvo In Anti-Immigrant Fight: Take Away Social Security Numbers


"Republicans’ Latest Salvo In Anti-Immigrant Fight: Take Away Social Security Numbers"
Sen. Ben Sasse (R-NE)
Sen. Ben Sasse (R-NE)
(AP Photo/Nati Harnik)
Six Republican senators introduced a bill March 16 that would prohibit the government from issuing Social Security numbers to undocumented immigrants protected under the president’s executive action on deportation relief. The bill is the latest salvo in the Republican-led fight against the president’s immigration policies to grant temporary work authorization and deportation relief to some undocumented immigrants living in the United States.
In a press release, the bill’s sponsor Sen. Ben Sasse (R-NE) wrote that the Amnesty Bonuses Elimination (ABE) Act would “ensure that new Social Security Numbers are not issued to illegal aliens receiving deferred action under the President’s unlawful executive amnesty. … Unfortunately, by offering new Social Security Numbers and payments under the Earned Income Tax Credit, the Administration is undermining the spirit of the 1996 Welfare Reform Act and opening the possibility for amnesty bonuses of more than $24,000 in some cases.
Once undocumented immigrants are able to obtain Social Security numbers, Sasse claims that they could reap about $2 billion in Earned Income Tax Credit (EITC), a federal benefit. The ABE Act would prohibit new numbers from being issued to anyone who was granted deferred action between June 15, 2012 and November 20, 2014 as a result of the president’s 2012 executive action known as the Deferred Action for Childhood Arrivals (DACA) program.
Just last week, Sasse and Sen. Jeff Sessions (R-AL) sent a letter to the Social Security Administration requesting information on the number of individuals granted social security numbers to determine how many of them would receive benefits under the Social Security Disability Insurance program or the Supplemental Security Income program.
Sasse’s argument that some undocumented immigrants could collect more than $24,000 in EITC comes from an unlikely scenario in which immigrants could file amended tax returns for the last three years and earn the maximum credit available to taxpayers with three or more children and who are within a specific income range. Just 12 percent of EITC recipients fulfill that criteria and many do not qualify for the maximum credit. The last time a lawmaker — Rep. Paul Gosar (R-AZ) — made this argument, a Treasury Department spokesman told the Washington Post that the claims process would mean many undocumented immigrants could owe more taxes rather than reaping a tax benefit.
Social Security numbers allow undocumented immigrants to apply for jobs and to obtain state identification cards like driver’s licenses. A University of California at Los Angeles (UCLA) study found that DACA beneficiaries saw at least a 150 percent wage increase when they’re allowed to work. A Center for American Progress (CAP) study found that moving undocumented immigrants from the informal (under the table) economy into the formal economy would see an 8.5 percent increase in legal, taxable earnings. A previous CAP study found that higher wages earned by undocumented immigrants brought into the formal economy could lead to purchases such as houses, cars, phones, and clothing.
And advocates point out that because undocumented immigrants already pay billions of dollars per year into the Social Security system through sales, income, and other taxes, depriving of them of Social Security numbers leaves then uniquely disadvantaged.
“This bill would leave hard-working immigrant Nebraskans – who already pay state, local, and federal taxes – unable to fully contribute to their communities,” Omaid Zabih, a staff attorney at the immigrant advocacy group Nebraska Appleseed, said. “Jeopardizing the temporary administrative relief programs to keep families together is not in line with Nebraska values of strong families and communities. Now is not the time to inhibit economic growth in our local, state, and national economies. It is the time to move forward with updated immigration laws.”
Since 2013, Republican lawmakers have tried over and over again to roll back the president’s executive action, even withholding Department of Homeland Security (DHS) funding over the policies. A Texas judge has already temporarily halted the president’s latest executive action announced in November 2014, while a 26-state lawsuit attacking the actions could reach the U.S. Supreme Court. 

Refugees Accuse Social Security of Harassment

Refugees Accuse Social Security of Harassment
                        (SSA Acting Commissioner, Carolynn Colvin)
     SAN DIEGO (CN) - The Social Security Administration (SSA) tampered with evidence and harassed and intimidated Vietnamese, Iranian, and Somalian refugees who filed affidavits in an action pending in the 9th Circuit, immigrants claim in a class action.
     Lead plaintiff Mohammad Nassiri et al. sued Social Security Commissioner Carolyn Colvin, the Social Security Administration (SSA), and two SSA agents on March 14 in Federal Court.
     The class consists of "poor, disabled and non-English speaking Vietnamese or Middle Eastern (Somalian, Iraqi and Iranian) refugees in the United States who reside in San Diego County and who have been applying for or receiving Disability Insurance Benefits (DIB) and/or Supplemental Security Income (SSI) benefits."
     According to the lawsuit, the SSA has "been maintaining and implementing an illegal search and interrogation policy with respect to plaintiffs, and have violated the plaintiffs' rights to be free from unreasonable searches and inquisition."
     Social Security agents have intimidated class members "to recant their prior written testimonies in an ongoing action pending in the 9th Circuit Court of Appeals," according to the complaint.
     The 9th Circuit action relates to the class members' representation in a complaint filed by Alexandra Nga Tran Manbeck, who claims the agency suspended her in 2013 from practicing Social Security law in retaliation for filing a previous class action alleging bias by a Social Security judge. Manbeck was the only attorney in San Diego fluent in Vietnamese.
     The new complaint claims the SSA "intimidated plaintiffs in providing personal information and privileged information in violation of the plaintiffs' privacy right and plaintiffs' attorney-client privilege, even though defendants knew that plaintiffs have been represented by counsel in ongoing litigation in federal court since 2013."
     Class member Anh T. Thai, a 50-year-old Vietnamese refugee, says she was first misled in 2006 by Duke Tran, an SSA employee, into letting him help her apply for benefits. Tran began harassing her in threatening phone calls in March 2013 after she obtained an attorney, including calling her "stupid" for signing loan documents to an acquaintance, and berating her "for seeking legal representation instead of trusting him to help her," according to the complaint.
     After Thai filed her affidavits against the agency in the Manbeck action, two agents bearing guns came to her house twice to question her.
     "Most of the questions centered on whether she was really disabled and whether she was required to pay in advance for legal services to her attorney," the lawsuit states. "The SSA agents threatened her with dismissal of her case if she refused to answer their questions."
     The class claims that because they are "refugees with a long history of being persecuted by the Communist authority in Vietnam, the warlords in Somalia or the ayatollahs in Iran, plaintiffs obviously became intimidated by defendants and complied with defendants' order."
     The plaintiffs seek class certification, an order stop the Social Security Administration and its agents from contacting them before a final hearing or intimidating them without a warrant, and compensatory and punitive damages for civil rights violations.
     They are represented by Quan Minh Chau of Orange, Calif. and Alexandra Manbeck of Cross River, N.Y.  
(Ross, Jamie; Court House News, March 18, 2015)

Sunday, March 15, 2015

Social Security Disability Insurance Is Failing


Social Security Disability Insurance is Failing



 The Social Security Disability Insurance program is failing the disabled and taxpayers. When the SSDI trust fund is depleted in 2016, payments to beneficiaries will be slashed by roughly 20 percent.
 The SSDI trust fund has significantly worsened during the Obama Administration, and its depletion is coming 10 years sooner than experts predicted in 2007.
 President Obama's payroll tax reallocation proposal harms both retirees and the overall solvency of Social Security.
The Social Security Disability Insurance (SSDI) program is failing the disabled and taxpayers. The program faces a funding shortfall of nearly $270 billion over the next decade. The Social Security trustees project that the SSDI trust fund - funded by a 1.8 percent tax on wages up to $117,000 in 2014 - will be depleted by late 2016. At that time, payments to beneficiaries will be slashed by roughly 20 percent. The finances of trust fund have worsened drastically in comparison with the agency's 2007 projection of what would happen. The number of program enrollees is up 21 percent during the Obama administration.
Payments from SSDI have grown rapidly over the past two decades. Only about a third of that growth is from changing demographic factors, such as the aging of the population. SSDI's pending insolvency has been accelerated by the weak economic recovery, less stringent eligibility criteria, and Social Security Administration mismanagement. This includes skewed agency policies that incentivised hundreds of administrative law judges ALJ) to essentially rubber stamp disability claims.
Judge Randall Frye, President of the Association for Administrative Law Judges (AALJ) told 60 Minutes in 2013 that "if the American public knew what was going on in our [disability] system, half would be outraged and the other half would apply for benefits." SSDI must be reformed in order to better serve both the disabled and workers paying Social Security taxes.
Unsustainable Spending Growth
Accurate disability determinations are crucial, since the lifetime cost of someone gaining eligibility for SSDI benefits, including benefits in programs linked to SSDI, is an estimated $300,000 per beneficiary. Once people get SSDI benefits, they generally receive them until they are old enough to transition to the Social Security retirement program.
In 1994, the SSDI portion of the payroll tax was increased by 50 percent. Reforms were promised with the reallocation. The reforms never happened, and SSDI's finances have deteriorated to the point where another reallocation is being proposed.
In 2000, total spending on SSDI was $56 billion; in 2014 it was $144 billion. The program's unfunded liability amounts to $1.2 trillion over the next 75 years. The condition of the trust fund has significantly worsened during the Obama administration, and the depletion of the trust fund is coming 10 years sooner than experts predicted in 2007.


Despite improvements in health and working conditions, a much higher percentage of working-age Americans are now on SSDI than two decades ago. This is true for both men and women, and across age groups. The number of middle-age Americans who tell the Census Bureau that they have a work-limiting disability has actually declined over the last 30 years.
Writing in the Wall Street Journal on February 23, former Social Security Administration official Andrew Biggs noted the disconnect: "Yet the percentage of the working-age population collecting disability insurance benefits has more than doubled to 5.7% in 2014 from 2.7% in 1984. These increases were not anticipated: In 1984 Social Security's trustees projected only 4% of working-age adults would collect disability in 2015."
The rapid growth in SSDI also has put pressure on Medicare's finances, as people are automatically enrolled in Medicare after two years on SSDI. In 2012, SSDI beneficiaries accounted for about 19 percent of total Medicare recipients, up from about eight percent in 1975. Medicare spending for SSDI enrollees in 2011was $80 billion.
Outdated and Overly Subjective Guidelines
Under the Social Security Act, people can only lawfully be awarded disability benefits if they have an impairment "of such severity that [they]... cannot... engage in any... kind of substantial gainful work which exists in the national economy." A key problem with this requirement is the lack of objective criteria for measuring things like an applicant's anxiety, depression, or pain and how those conditions affect the ability to work.
Research by Mark Duggan, President Obama's former advisor for health care policy, shows an increasing number of people qualifying for SSDI with subjective conditions like back pain or depression. More than half of all disability awards are now for people claiming musculoskeletal disorders or mental impairments. According to Duggan, "the employment potential of SSDI applicants with these more subjective conditions remains substantial, and it is often difficult to verify the severity of these conditions (in contrast to cancer or heart conditions). With the liberalization of the medical eligibility criteria, it has become increasingly possible for people who are capable of working to qualify instead for SSDI benefits."
In addition to increasingly subjective medical criteria, many SSA policies are stuck in the past. For example, the agency relies on medical and vocational guidelines from 1978 that don't reflect economic and demographic reality. Outdated rules also allow an inability to communicate in English to be used to award disability - even if the person can perform work that does not require communicating in English.
Workers Leaving the Labor Force
On February 3, Gallup reported that "as many as 30 million Americans are either out of work or are severely underemployed." Economists with the Federal Reserve Bank of Atlanta concluded in May 2013 that the growth in disability is a significant factor in the rapid decline in the labor force participation rate during the Obama administration. According to Biggs, for "less-educated workers, the typical annual disability package of almost $15,000 in cash payments and another $9,000 in Medicare benefits - coupled with the ability to earn more than $13,000 from work without losing benefits - can be attractive." Fewer than one percent of program beneficiaries return to the workforce in any given year.


A 2010 paper published jointly by the liberal Center for American Progress and the Brookings Institution echoes this point: "SSDI is ineffective in assisting workers with disabilities to reach their employment potential or maintain economic self-sufficiency. Instead, the program provides strong incentives to applicants and beneficiaries to remain permanently out of the labor force." Applicants are often counseled that they should stop working in order to increase their chance of winning benefits. SSDI also is too often used as an early retirement program or as a long-term extension of unemployment insurance. People who lose their jobs are increasingly likely to leave the labor force and apply for SSDI.
Social Security Administration's Broken Appeals Process
The appeals process for SSDI applications consists of administrative law judges (ALJ) who evaluate disability claims. This step generally comes after two previous denials from State government examiners at the Disability Determination Service (DDS). Given this, it is particularly disturbing that hundreds of ALJs over the past decade placed almost everyone before them onto disability.  That represents a 100% reversal rate. Essentially everyone who applied for benefits, was granted benefits. The broken process has inappropriately placed hundreds of thousands, if not millions, of people onto disability. According to one Social Security expert, the standards ALJs apply for mental illness and pain have become less stringent over time.
A central problem is that SSA sought to reduce a large backlog of appeals by focusing entirely on the quantity of ALJ decisions, with no concern about quality. One ALJ testified before a House committee in 2013 that a judge's production "is SSA management's singular and exclusive focus in its administration and oversight of SSA's disability hearings process.... Instead of managing a meaningful federal adjudication program, SSA management has substituted a factory-type production process... causing incalculable damage to the adjudication process at SSA."
Another ALJ put it this way: "It has become increasingly clear the Social Security disability programs, instead of only awarding benefits to adults who are unable to work, is granting benefits to those who can work - effectively giving away money for nothing."
ALJs face incentives that encourage approvals. Since denials tend to be appealed, and approvals do not, ALJs need to spend more time crafting denial decisions. It is much easier and faster for an ALJ to approve a claim. Other problems also bias ALJ decisions to favor approvals. First, hearings are non-adversarial, so there is no one to represent the taxpayer interests. Second, there is no one involved with the previous denials to present their reasons for the denial at a hearing. Third, claimants are not required to submit all relevant evidence. One ALJ told the Washington Post in an October 18, 2014, article: "I really wonder if what we're doing is effective at all.... If, based on the amount of evidence we get, my decision is any better than flipping a coin."
Many Judges Incorrectly and Unfairly Apply Disability Law
In response to negative attention about problems with the disability appeals process, the Social Security Administration finally decided to evaluate the quality of a small sample of its judges. The agency conducted reviews of about 50 ALJs. It found that many of them repeatedly violated disability laws and policies, including: misusing vocational experts; inappropriately altering information to make it appear claimants cannot work; inappropriately evaluating the effect of drugs and alcohol on impairments; and inappropriately using boilerplate language in decisions. Despite the ability to do so, the agency has failed to take necessary action to protect the public from many of these rogue ALJs.


Between 2005 and 2013, ALJs approved 66 percent of claims, awarding disability benefits to 3.2 million people, including SSDI applicants and Supplemental Security Income applicants. A top management ALJ testified in the House last year that "it raises a red flag" when individual ALJs have an allowance rate in excess of 75 percent. Between 2005 and 2013, ALJs with annual allowance rates in excess of 75 percent put more than 1.3 million people onto disability. The lifetime cost to taxpayers for these claims is estimated at $400 billion. According to a congressional report, "there were 191 ALJs who had a total allowance rate in excess of 85 percent [between 2005 and 2013]. These 191 ALJs awarded more than $150 billion in lifetime benefits between 2005 and 2013. As an indication of the disproportionate nature of the problem, only one ALJ had a total allowance rate below 15 percent between 2005 and 2013."
According to a 2012 report by SSA, "As ALJ production increases, the general trend for decision quality is to go down." This can lead to a patently unfair system, where a claimant's success rests more on getting the right judge than on the merits of their claim.
Agency Fails to Conduct Required Disability Reviews
The Social Security Act requires Continuing Disability Reviews (CDR) at least once every three years for all beneficiaries with non-permanent impairments. SSA estimates that about $10 to $14 in improper payments is prevented for every $1 spent on these reviews.
For the past several years, the agency has defied this legal requirement. The number of reviews conducted by the agency dropped conspicuously in the mid-2000s as the agency diverted resources to other areas. Between 2007 and 2009, the agency only conducted reviews for one percent of SSDI recipients. Last year, SSA reported http://www.gao.gov/assets/670/662398.pdf a backlog of 325,000 reviews.
Reviews conducted between 1980 and 1983 found that 40 percent of program beneficiaries were not disabled. Reviews now fail to remove anywhere close to that number, because they are inappropriately conducted. Claimants must now show significant medical improvement in order for a review to end benefits. This strict standard of review means that the agency cannot remove someone who was wrongfully awarded benefits initially.
According to the National Association of Disability Examiners, poor ALJ decisions and a lack of clarity around the medical improvement standard erode disability program integrity. GAO found that problems associated with the medical improvement standard include inadequate agency guidance, inadequate documentation in ALJ decisions, and an incorrect presumption of disability by examiners. Over the last decade, the agency reviewed 800,000 people it expected to improve when they were initially awarded benefits. As a result of the current limits on disability reviews, 82 percent were found not to have improved, and so those people remained on disability.
SSA Too Cozy with Special Interest Groups
Attorneys and other claimant representatives benefit from SSDI growth as they receive a generous portion of the payments - up to $6,000 when their clients are approved for benefits. These payments are made directly from the trust fund. In 2010, SSA paid $1.4 billion to lawyers and other claimant representatives, up from $425 million in 2001.
The large payments lead many claimant representatives to conceal information and even shop for ALJs known to rubber-stamp applications. The large fees paid from the SSDI trust fund to attorneys and claimant representatives create huge incentives for those groups to oppose common-sense program reforms.
Reforming SSDI Is Important for the Disabled and Taxpayers
Without reform, SSDI will erode economic productivity and will either result in large payment cuts for program beneficiaries or tax increases. A bipartisan solution is urgently needed to fix the program and preserve it for those who truly cannot work.
Rather than reform, President Obama and others have proposed kicking the can down the road and reallocating the Social Security payroll tax. Currently, the total payroll tax equals 12.4 percent of wage income - with 1.8 percent dedicated to SSDI and 10.6 percent to the old age and survivor component. Reallocation would worsen the solvency of Social Security's OASI trust fund and harm retirees. Reallocation would transfer $350 billion from OASI to SSDI in the next five years. This would be a particularly bad idea given that OASI's financial condition is in even worse long-run shape than is SSDI's.
According to Social Security trustee Charles Blahous, "[r]earranging the deck chairs, rather than slowing cost growth, would be an inadequate response with potentially ruinous implications for the program." In a January 15 editorial, the Wall Street Journal used the analogy of "an underwater borrower transferring debt from one maxed-out credit card to another with a higher balance but also a higher spending limit on SSDI. President Obama has failed to lead on this important issue, meaning it falls to Congress to protect and reform." 
(Federal Information & News Dispatch, Inc., March 12, 2015)

Wednesday, March 11, 2015

Would Meaningful Reforms Restore Dignity and Efficacy To The Social Security System?

Disability Claim Denied? Find the Right Judge.

 

Nine percent of the judges who hear appeals grant benefits 90% of the time, costing taxpayers tens of billions.




Would Meaningful Reforms Restore Dignity and Efficacy To The Social Security System?


the claimant can bring an attorney, but the system does not provide the government (SSA) with one. The taxpayers have no advocate on their behalf to ask questions, challenge medical evidence or review the 500 to 700 pages of materials that make up a typical case file.
http://www.amazon.com/Judge-London-Steverson/e/B006WQKFJM
he (Social Security Administration) judicial system is not run by anyone with real judicial experience. It is at the mercy of unelected bureaucrats whose only concern is how many cases each judge can churn out and how fast he or she can do it. An adversarial system with both sides represented and all evidence on the table is the best way to root out fraud and ensure that legitimate claims are paid.
(See http://www.amazon.com/socialNsecurity-Confessions-Social-Security-Judge/dp/1449569757)
(Below is an Extract from the book, "socialNsecurity, Confessions of a Social Security Judge".)

An Interview of Judge D. RANDALL FRYE
(Above pictured is D. Randall Frye, on the right, with Marilyn Zahm)
 CHARLOTTE, N.C. — (QUOTE) IT’S hard to imagine a more cynical fraud. According to an indictment unsealed last week by the Manhattan district attorney’s office, post-9/11 phobias of airplanes and skyscrapers were among the fictitious ailments described by retired New York City police officers and firefighters who, in a scheme involving as many as 1,000 people, are accused of ripping off the Social Security disability system by filing false claims.
As an administrative law judge (ALJ) responsible for hearing Social Security disability cases (SSDI), I’m more familiar than most people with the system. But everyone has a right to be outraged by the recent charges. Officials estimate that the fraud cost the federal government $400 million. If true, it is the largest theft in the history of Social Security.
According to court papers, the fraudsters claimed to be so ill that they could not leave their homes to work, but many posted photographs on Facebook of themselves on motorcycles and water scooters, fishing and playing sports. How did they expect to get away with it?
Well, here’s a little-known fact. Neither the staff members of the Social Security Administration, who review initial claims, nor judges like myself, who hear disputed cases, are allowed to look at Facebook in the context of a case. Even if something in the case file suggests a claimant is not telling the whole truth, Social Security Administration policy prevents us from looking at social media, for fear that we cannot be trusted to properly assess the information gathered there. No Facebook, no Pinterest, no Twitter, no Tumblr. None of the sources that most employers routinely use to check the credibility of potential employees are available to us.
It gets worse. When a disputed case comes before an administrative law judge, a vast majority of claimants bring an attorney. After all, the average claim, if successful, will yield a payout of some $300,000 in lifetime benefits. With so much at stake, it’s only reasonable that a person who believes that he has wrongly been denied benefits would hire a lawyer. But isn’t it equally reasonable that the taxpayers should have an attorney present to challenge a claim that might be false?
Sorry, no luck. When I conduct a hearing (which occurs with no members of the press or public present, because of privacy concerns), the claimant can bring an attorney, but the system does not provide the government (SSA) with one. The taxpayers have no advocate on their behalf to ask questions, challenge medical evidence or review the 500 to 700 pages of materials that make up a typical case file. Not only that, but because of Social Security Administration policy, I am no longer allowed to order independent psychological testing to help determine whether a claimant is telling the truth.
Social Security disability courts have millions of claimants and constitute one of the world’s largest judicial systems. But the (Social Security) judicial system is not run by anyone with real judicial experience. Instead, we are at the mercy of unelected bureaucrats whose only concern is how many cases each judge can churn out and how fast we can do it. The Social Security Administration is currently run by an acting commissioner; President Obama should appoint a permanent leader with recognized professional experience in the field of social insurance.
The Association of Administrative Law Judges (AALJ), for which I serve as president, favors modernizing disability hearings so that we can give claimants a fair hearing while also protecting taxpayers. Our courtrooms ought to look more like what you see on “Law and Order” or “The Good Wife.” Each side should have an advocate, allowing judges to narrow the facts in dispute and apply the law in a neutral manner. And judges and their staff members should be able to use social media, including Facebook.
Though it is not clear from the Manhattan district attorney’s indictment if any of the claims in question ever wound up before an ALJ, it is clear than the current antiquated system handicaps the effective review of cases and encourages brazen behavior.
The system needs to be made more trustworthy and fully transparent. The actions of a few crooks must not be allowed to threaten the disability payments of millions of people who are genuinely disabled, many of whom paid into the disability insurance fund during their working lives. An adversarial system with both sides represented and all evidence on the table is the best way to root out fraud and ensure that legitimate claims are paid.(UNQUOTE)

D. Randall Frye was an administrative law judge (ALJ) for the United States Social Security Administration (SSA) and the President of the AALJ, Association of Administrative Law Judges.

The Association Of Administrative Law Judges(AALJ), union representing administrative law judges, says judges are required to decide 500 to 700 cases a year in an effort to reduce the hearings backlog. The union says the requirement is an illegal quota that leads judges to sometimes award benefits they might otherwise deny just to keep up with the flow of cases. according to a federal lawsuit filed by the judges’ union in April.

 The Social Security Administration says the agency’s administrative law judges (ALJs) should decide 500 to 700 disability cases a year. The agency calls the standard a productivity goal, but a lawsuit filed in April 2013 by the Social Security Judges against the Commissioner and the Agency claims it is an illegal quota that requires judges to decide an average of more than two cases per workday.
‘‘When the goals are too high, the easy way out is to pay the case,’’ said Randall Frye, president of the Association of Administrative Law Judges (AALJ) and a judge in Charlotte, N.C. ‘‘Paying the case is a decision that might be three pages long. When you deny benefits, it’s usually a 15- or 20-page denial that takes a lot more time and effort.’’

The lawsuit raises serious questions about the integrity of the disability hearing process by the very people in charge of running it. It comes as the disability program faces serious financial problems.
The agency denies there is a case quota for judges and says the standard is a productivity goal.

  “I find it interesting that there is so much wringing of the hands about a judge who pays almost 100% of his cases, as if the agency didn’t know about it, as if the agency wasn’t complicit in it, as if the agency didn’t encourage it,” said Marilyn Zahm, a Social Security judge in Buffalo, NY who is an executive vice president of the Association of Administrative Law Judges (AALJ), the judges’ union.

Judge Zahm had a lot more to say in an interview in October 2009. (Read the entire interview starting at page 430 in my book, socialNsecurity, available at  http://www.amazon.com/SocialNsecurity-ebook/dp/B006VOQIKK
President Richard Nixon had his Enemies List. President George Bush had his Wanted List. President Barack Obama has his Kill List; and Linda de Soto has her “Hit List“. Lisa De Soto is the Deputy Commissioner for SSA/ODAR, the Social Security Administration’s Office of Disability and Adjudication Review. Deputy Commissioner Linda de Soto and Chief Administrative Law Judge Frank Cristaudo fabricated bogus charges against Administrative Law Judges (ALJs) and forced many into early retirement.
Former Social Security Commissioner Michael Astrue, who took office in 2007, like every Commissioner before him tried his own brand of reform. He made changes to the Social Security Operating System.
Trying to reduce the Backlog, he tinkered with the personnel system. Mostly, he went after the ALJs. He blamed the ALJs for everything. He was a "blame the Judges first" man.
His reforms produced minor and temporary results. The Backlog was reduced for a moment in time. His programs to increase accountability and judicial turnover were a disaster.He removed good experienced ALJs and replaced them with new, inexperienced and easily manipulated ALJ recruits who could be told how to decide cases.
He had a formula for how many claimants should be granted benefits and how many should be denied. The new ALJs lack proper judicial temperament, and that is what Astrue was after.
He wanted to take away the judicial independence of the judges. It was a numbers game, and a high volume business.
Along with Linda de Soto ,Astrue marked every ALJ with 15 to 20 years experience on the job for removal. Experienced and senior male judges were forced to retire so that less experienced radical feminist female judges could be installed as Chief ALJ in the Hearing Offices. This was most prevalent in California, in the SSA's Ninth Region.
Linda DeSoto proudly bragged about the number of judges on her "Hit List" that she had to get rid of. At any one time there were 25 or more judges on her Hit List.
Judges were ordered to retire or resign. Any who refused were brought up on charges. The charges were flimsy and ridiculous; such as, receiving personal mail and magazines at the Office, using the OHA Office address on their official business cards (that were designed, ordered, and printed by the SSA Agency), storing pictures deemed inappropriate on their personal computers (pc), looking at inappropriate web sites during office hours or after hours, writing letters on obsolete stationary with SSA letterheads no longer in use, and using their titles (U. S. Administrative Law Judge) when signing personal letters. Judges' offices were searched without their knowledge on weekends when they were not present. Judges' phone conversations were monitored. Their privacy was invaded. Their computers were searched and seized without notice or warning. Some judges went to lunch and came back to the office to find their computers had been taken by Astrue's henchmen. Judges were locked out of their personal offices. The locks to the main SSA work place were changed and ALJs were not given the new office key. Moreover, if any cases went to NLRB Hearings, the Agency suborned perjury, and disobeyed their own Agency Rules. Astrue's policies were a disaster. He demoralized the ALJ corps, and morale among the judges plummeted. As a result the administrative staff was confused and frustrated. This atmosphere caused efficiency to suffer and increased the Backlog.

Administrative Law Judge Katherine Morgan, who is 71, sued the Social Security Administration (SSA) and the Commissioner of SSA in U.S. District Court in Portland for age and sex discrimination in March 2015.

Judge Katherine Morgan ruled on disability cases for the SSA. She sued the SSA accusing her supervisors of age and gender discrimination and retaliating against her for filing complaints about her treatment.
Judge Katherine Morgan, one of seven judges in the Office of Disability Adjudication and Review (SSA/ODAR) in Portland, said in the lawsuit filed Thursday, March 19th, in U.S. District Court in Portland that she was targeted by the office’s chief judge (CALJ)because of her age. She is 71.
Morgan, who has been a judge since 1994, filed a written complaint to her immediate supervisor, Chief Judge Guy Fletcher, after she was told on Dec. 11, 2013, that she was being targeted in an investigation by the SSA for her performance. The investigation focused on Morgan’s high production rate in deciding cases, for approving a high number of appeals and for attendance issues, according to the lawsuit.
“Chief Judge Fletcher repeatedly falsely accused Judge Morgan of time and attendance violations for documenting her time and attendance in exactly the same manner as the other judges, who were not accused,” the lawsuit says. “The discriminatory conduct directed at Judge Morgan by her fellow employees was known to and acquiesced in by her direct supervisor, Chief Judge Fletcher. The discriminatory conduct was directed at Judge Morgan by Chief Judge Fletcher was known to and acquiesced in by Regional Chief Judge (Carol) Sax, Chief Judge Fletcher’s direct supervisor. The discriminatory conduct was intentional, willful and malicious, entitling Judge Morgan to an award of punitive damages.”
The lawsuit did not specify how much money Morgan was seeking. She demanded a jury trial seeking damages for lost money, emotional pain, compensation allowed by law and other legal fees.
The lawsuit was filed on Morgan’s behalf by attorneys from the Portland law firm Norman, Hanson and DeTroy. One of her attorneys, Theodore Kirchner, declined through a member of his staff to respond.
A regional spokesman for the Social Security Administration, Roberto Medina, could not be reached for comment.
Maine’s offices of Disability Adjudication and Review routinely took longer to decide disability appeals than the national average and approved more disability claims than the national average, according Social Security Administration data compiled by the website www.disabilityjudges.com.
In the most recent fiscal year, Maine judges approved 53 percent of disability claim appeals, dismissed 24 percent of claims and denied 23 percent, according to the website’s statistics.
Morgan approved more appeals than any other judge in the Portland office. She approved 65 percent of disability claim appeals, dismissed 20 percent and denied 15 percent. She decided 148 cases from last Oct. 1 to March 11.
By comparison, Judge Fletcher approved 54 percent of appeals, dismissed 15 percent and denied 31 percent. He decided 48 cases in the same period.
Judge John Edwards approved the fewest appeals in the Portland office, with 35 percent approved, 30 percent dismissed and 34 percent denied. He decided 151 cases.Using  the Medical Vocational Grids or simply The Listings, until about 1995 every person in America who filed for Social Security Disability Benefits (SSI and SSID) and alleged a mental impairment because of drug or alcohol addiction was granted benefits. All the winos, alcoholics and misfits with the slightest mental impairment were conclusively presumed to be incapable of engaging in Substantial Gainful Activity (SGA) and therefore were entitled to draw Social Security Benefits according to Social Security Regulations.
Those Regulations were contained in The Listings or The Grid. All SSA Judges were duty bound and required to follow them. Many healthy people who were injured and could not work were denied benefits when the drunks and derelicts of American society were granted benefits. It bordered on a public scandal.
The Regulations they followed were known as the Medical Vocational Grids or simply The Listings. They were not always logical; like a camel is a horse designed by a committee. The Listings were designed by Social Security scholars.
For instance, the bar to benefits approval was and still is lower for someone who doesn’t speak English, on the theory that it is difficult to work in America when you cannot speak English.
These guidelines (in The Listings) also do not give due consideration to actual labor market experience, dictating a looser approval standard for someone with only a high-school degree, even if the person has succeeded in the labor force for decades.
The framework (of The Listings) was developed in the late 1950s, for the previous generation’s workforce, and hasn’t been updated since 1978.
According to a well placed source high in the Social Security Administration’s Office of the Chief Administrative Law Judge, Lisa de Soto had stated that she had a list of 25 ALJs that she intended to get rid of. This was her “Hit List”. She set about her goal in a most vigorous manner.
A federal agency is required to follow its own regulations. This mean very little to Lisa de Soto and Frank Cristaudo. They have violated many SSA regulations concerning the discipline and removal of agency personnel.
Cristaudo and de Soto have brought charges against judges. Chief Judge Cristaudo has testified at Federal Labor Relations Administrative hearings designed to censure or remove judges. None of the charges against any of the judges have alleged poor performance as a judge, or dereliction of duty. No substantive charges have been brought against any judges. Instead, judges have been charged with, among other things, receiving personal mail at the office, misuse of a government computer, and saving pictures on their computers of persons other than immediate family members.
Frank Cristaudo has made a career of destroying other peoples’ careers. He tried running for public office in New Jersey and could not get elected. Some how he managed to get appointed an administrative law judge at the Social Security Administration. He could not conduct a proper hearing so someone appointed him as the Chief Judge. Who better to appoint chief judge than someone who cannot conduct a hearing? It is better to put such a person in an administrative position. That way he does not have to go near a court room. But in a rat race, the biggest rat always manages to winnow his way to the top.
Linda de Soto’s career had not bottomed out before joining SSA. She was the Social Security Administration’s General Counsel. She is an experienced attorney who has held a number of senior management positions in the private and federal sector. She specialized in procurement, bilateral and multilateral negotiations, conflict resolution and organizational change. Most recently, she was the Country Director for the U.S. Agency for International Development’s (AID) Office of Transition Initiatives in Nigeria. Before that, she served as the General Counsel of the U.S. Trade and Development Agency and as Deputy Assistant General Counsel for Contract and Commodity Management for the U.S. Agency for International Development (AID) in Washington, D.C.
Not all judges are paid to judge. One-fifth of SSA’s judges do not hold hearings. That is one out of five judges who do not judge. Twenty percent of the judges on the SSA’s payroll do not conduct hearings. Some judges are allowed to carry a reduced work load. An an example, judges who are union representatives are not counted as full judges. They are counted as one fourth of a judge. If the average full-time judge is required to publish 60 decisions per month, then ALJs who are union representatives are only required to publish 12 to 15 decisions per month. All ALJs earn between $164,000.00 and $169,000.00 per year. That works out to roughly between $14,500.00 and $16,000.00 per month to decide 12 to 15 cases. That translates to loosely $1,250.00 per decision per month.
http://www.amazon.com/Judge-London-Steverson/e/B006WQKFJM
Some of these judges, paralegals, and legal secretaries once took their comfortable life-styles for granted, but not anymore. All of that has changed, since Lisa de Soto and Judge Frank Cristaudo started forcing judges into retirement. All of this has occurred at the same time as the American economy has taken a steep downturn. Judges have lost homes and families.
Many judges, lawyers, paralegals, administrative staff workers are finding out what it is like to be without a job. Many for the first time in their lives cannot find any work. To make matters worse, most of them are old people. They are loosing their jobs, homes, cars, cell phones, health insurance, and middle-class life styles never to be regained. At their ages no one will hire them. Summer vacations and having dinner out have become distant memories.
Several current and former Administrative Law Judges (“ALJs”) testified before Congress that the Social Security Administration is purportedly pushing ALJs to award benefits (or grant benefits) in an effort to reduce the rather large backlog of disability claims in the system. This further feeds the misperception that ALJs are approving claims willy-nilly left and right. Just as there are Judges who have high approval rates or grant rates (the percentage of claims approved out of all claims disposed), there are Judges who have extremely low grant rates and deny the vast majority of claims that they decide.

Nick A. Ortiz, Esq. crunched the data from all Social Security disability claims decided in Fiscal Year 2012. The data was found here: http://www.socialsecurity.gov/appeals/DataSets/Archive/archive_data_reports.html. [Update: the raw, unedited data can be found here in the archives for 2012: http://www.ssa.gov/appeals/DataSets/archive/archive_data_reports.html#ht=1].

 http://www.nickortizlaw.com/the-50-social-security-administrative-law-judges-with-the-worst-grant-rates-in-2012/
Age makes it more difficult to find a job. People who did everything right professionally have reached old age and find themselves on the verge of destitution. Middle level managers and accountants can not get interviews at McDonald’s for a job as a cashier.
Long years of experience are no longer an asset. The job skills that older workers have acquired are no longer needed in today’s job market. Employers today are looking for younger workers without health problems and who know how to use the many word-processing programs used to produce legal documents and client letters.
Richard Eggers is a 68 years old resident of Des Moines, Iowa. He was fired in July 2012 from his job as a customer service representative at Wells Fargo Home Mortgage because of an incident that occurred in 1963, over 50 years ago, according to the Des Moines Register. He put a cardboard cutout of a dime in a washing machine. He admits it was a stupid stunt, but he cannot believe that he was fired because of it 50 years later. Big banks have been firing older low-level employees like Eggers since new federal banking employment guidelines were enacted in May 2011 and new mortgage employment guidelines took hold in February, it was reported in the Des Moines Register.
The tougher standards are meant to clear out older executives and mid-level bank employees and anyone guilty of transactional crimes — such as identity theft and money laundering — but are being applied across the board against older employees.
Wells Fargo confirmed Eggers’ termination. “The expectations that have been placed on us and all financial institutions have never been higher,” said Wells Fargo spokeswoman Angela Kaipust.
Banks have fired thousands of workers nationally, said Natasha Buchanan, an attorney in Santa Ana, Calif., who has helped some of the workers regain their eligibility to be employed.
There is no government or industry data on the number of older bank workers fired due to criminal background checks.
The Federal Deposit Insurance Corp. provides a waiver process employees can follow to show they’re still fit to work at a bank despite a past criminal conviction, but it usually takes six months to a year to be approved. There is also a process for automatic waiver that works more quickly but is limited to people who were sentenced to less than year of jail time and never spent a day locked up. Eggers was jailed two days. Sadly, he doesn’t qualify. So he joins the ranks of the older unemployed who may never find another job.
America is fast becoming a land where there are no jobs for old people. Government employees from the Senior Executive Service to the lowliest General Service employee, along with Fortune 500 middle management executives, and super lawyers from multi-national law firms are being shown the door. America has more lawyers per capita than any other country in the world. Americans love to sue each other.
In the most litigation-happy country in the world, lawyers are being fired. Today’s recession is not like the recession of the 1930′s. Typically when the economy goes down, lawsuit filings go up, according to a former super lawyer who was let go from a prominent law firm. The only kind of legal filings that have gone up in this economy are bankruptcy cases. When the housing bubble bursted, the number of people filing for bankruptcy went through the roof. Lawsuit filings in general have gone down.
You may not feel old, but Social Security Regulations define who is an old person. Because of a vigorous and healthy life style, you might feel much younger than you are. Your chronological age could be 55, and your friends might flatter you by saying 55 today is the new 45. However, government and business managers have regulations that tell them whether you are an old person. According to those regulations, if you are age 55 or older, then you are an old person. You will not be considered approaching retirement age until you are 62.
Many Americans will not have a job after age 55. The American middle class has suffered a direct hit buy this recession. Social Security retirement benefits have become the number one retirement plan in America. Those under age 62 who are too young to collect retirement benefits are applying for Social Security Disability Benefits in record numbers.
The waiting time for a disability case to be decided may be as long as five years. In that period of time families have lost their homes, small business owners have lost their businesses, and ended up living on the streets using credit cards to buy food. Depression and anxiety are at an epidemic level.
The Obama Administration bailed out Wall Street, but not main street. Bankers and Wall Street traders are feeling no pain. Federal Reserve Chairman Ben Bernanke has said that he feels the pain of the older aged workers, who represent about 41 percent of the 12.8 million unemployed workers. Many of the chronic unemployed older people have given up and stopped looking for work. Their job skills have atrophied. Their business contacts have dried up. They have lost their homes and cannot afford descent apartments based on their Social Security Benefits and Food Stamp payments. As they struggle to survive on food stamps, credit cards and Social Security, without cars or cell phones, these older unemployed former middle-class workers are losing their dignity and some are even committing suicide.
Jane Durant is a 57 year old legal secretary at a large law firm in Pennsylvania. After spending 10 years at a smaller law firm, she took a job at a larger firm 11 years ago. In 2009 she was laid off when her law firm underwent a large reduction in force (RIF). Today she is still unemployed. She has exhausted her severance package, used up 99 weeks of unemployment benefits, and has been forced to dip into her retirement funds. She has cut back to one meal a day and has applied for food stamps. Her food stamp application was refused because she still had a small savings account. After 60 job interviews and no offers of even part-time work, she believes she is a victim of age discrimination.
Claude Davis was a California attorney living the good life trading up in real estate, going from a smaller house to a larger one. He was riding the real estate bubble. He bought his last house for over a million dollars with no money down and no interest with an adjustable rate mortgage for the first five years. At the end of five years he would be facing a large balloon payment that would come due. This was not the first time he had purchased a home under these terms. As long as he was working he expected to be able to come up with the cash. He never expected to lose his job. He thought that legal jobs were recession proof. Then the unexpected happened. He was terminated. For a while he managed to get by doing small contracts and by dipping into his retirement funds. When the balloon mortgage payment came due, he was not able to make the payment. He lost his house and his middle class life style. He thinks he will never be able to get another legal job like his last one because he can no longer work the 12 to 14 hour days that are required to get ahead in most law firms. Younger more recent law school graduates are grabbing all the starting legal jobs. Claude Davis is 55 years old and he believes that he also is a victim of age discrimination.
Their misfortune has broader consequences for society as a whole as well as for America’s standing in the world. These former lawyers, administrative law judges, paralegals, corporate executives, and small business owners who are struggling to survive in this hostile economy may be the canaries in the coal mine for America. Their social and economic conditions will have broader and more far-reaching consequences for America and could signal that we are slipping into a welfare society and a less prestigious nation.
In our weakening, job-starved economy what can older unemployed former workers expect in the next 4 years? Does it matter who is elected President?
How would older unemployed Americans answer the question “Are you better off now than you were 4 years ago”?
Governor Martin O’Malley, (D-Md.) an a speaker at the Democratic National Convention said “NO!” He said the country is worse off, and by implication that older Americans are worse off. Gov. O’Malley spoke during a televised interview on CBS Sunday.
What applies to the general population, goes double for the older unemployed American workers. What have the last 4 years brought? Since November 2008, national unemployment has gone from 6.8% to8.3%. Unemployment for old Americans still looking for work is estimated to be above 33% and still climbing.
Since November 2008 the Poverty Level in the USA has gone from 13% to 15%, and that is also rising at a breath-taking pace. In the last 4 years the numbers of Food Stamp recipients have increased from 30.9 million to 44.7 million.
That number would be greater if every older American who applied were granted Food Stamps.But, not everyone who applies receives Food Stamps. Take for an example Jane Durant the 57 year old legal secretary in Pennsylvania who was turned down because had not used up all of her savings account. When she becomes completely destitute, she will qualify for Food Stamps.
That will contribute to a Federal Debt that was $10 Trillion four years ago, but has grown to $16 Trillion today. And the price of a gallon of gas has almost doubled at the pump.
A second wave of mortgage foreclosures has hit nationwide like a giant tsunami. In Maryland alone 20,000 new foreclosures were filed in the 1st Quarter of 2012. More than 37million homes have been lost to foreclosure in the last 4 years. The States with the highest foreclosure rates are CA, FL, NV, OH, PA, and Md..
Since November 2008 the Poverty Level in the USA has gone from 13% to 15%, and that is also rising at a breath-taking  pace. The poorest city in America is Redding, PA where the Poverty Rate is 41.3%. According to the U. S. Census Bureau the Poverty Rate is 33% in Detroit, MI; and 30% in Buffalo, NY; 28% in Cincinnati,OH; 27% in Cleveland,OH; 27% in Miami, FL; 27% in St. Louis, MO; 26% in El Paso, TX; 26% in Milwauki, WI; and 25% in Philadelphia, PA.
Poverty and unemployment, along with escalating high school drop out rates are fueling crime across America. On the first day of school in Baltimore, MD a student was shot in the cafeteria with a shot gun. Police shot 8 innocent people on their way to work in New York City in front of the Empire State Building. There were mass shootings at a movie theater in Denver, CO and at a Sikh Temple in Milwaukee, WI. And Chicago,IL has had a record 31% increase in murders this year.
What is driving the American economy over the cliff? What is turning the American Dream into a real nightmare for older Americans who cannot find work? Who will save America and old unemployed Americans from poverty? These are people who were the “middle class” for the first 50 years of their lives.
Older Americans are looking for a white knight who can save them from spending their senior years in poverty. They want someone who will avoid the fiscal cliff. Will it be a white knight with black stripes, or will it be a black knight with white stripes?
After last weeks blistering appraisal by the Federal Reserve Bank Chairman, Ben Bernake, of the amount of damage the high unemployment has inflicted on our economy and that it will last for many years to come, is there any wonder that old people feel hopeless, betrayed, and mad as hell?
The wisdom in working for the federal government at the highest levels has become akin to that of marrying King Henry VIII -- it's great to be asked, but there's always that likelihood that eventually, your head will roll.
To all parties involved in a trial, the slam of a gavel should indicate that justice has been served. Unfortunately, this is often not the case with Social Security Disability (SSDI and SSI) appeals. A system designed to serve society’s vulnerable has morphed into a benefit bonanza that costs taxpayers billions of dollars more than it should. The disability trust fund will become insolvent in 2016, and Congress would be wise to begin much needed reform.
A disability applicant whose claim is rejected during the Social Security Administration’s (SSA) first two stages ( before State Disability Determination Services)  can appeal the decision to administrative-law judges (ALJ). These judges must impartially balance the claims of the applicant against the interests of taxpayers.
Over the past decade judicial impartiality has declined significantly, as many administrative-law judges uncritically approve most claims. In 2008 judges on average approved about 70% of claims before them, according to the Social Security Administration. Nine percent of judges approved more than 90% of benefit requests that landed on their desks.
Do nine out of every 10 applicants appealing denied claims need societal support? There are reasons for skepticism. The data show that judges who are generous in granting benefits are consistently generous over time—which is suspicious, since each year they should hear a random set of new cases. The more discerning judges—those who award benefits less than 90% of the time—are more unpredictable from year to year.
Social Security Administration Routinely Refuses To Obey Decisions Of Federal Courts
Driven to reduce a huge backlog of disability claims, Social Security is pushing judges to award benefits to people who may not deserve them, several current and former judges told Congress Thursday June 27, 2013.

Judge Larry Butler, an administrative law judge (ALJ) from Fort Myers, Fla., called the system “paying down the backlog.”
(For a complete explanation of the term "paying down the backlog" see socialNsecurity by Judge L. Steverson, USALJ (Ret.)
The approval rates among ALJs can be quite arbitrary. One ALJ might reverse 9 out of 10 cases and another might deny 9 out of 10 cases. It all depends on the luck of the draw.
There is a practice called “Paying Down The Back Log”. This is where a judge just reverses every case on his docket and grants benefits to the claimant. Some ALJs have been known to do this with no regard at all for the merits of the case. Judges have been known to pay 200 cases or more on-the –record in this manner. Sometimes the Commissioner will take action to stop them. Other times he does not. (Steverson, Judge London, socialNsecurity, p. 19)
http://www.amazon.com/Judge-London-Steverson/e/B006WQKFJM
A former Social Security Judge, J.E. Sullivan, said, “The only thing that matters in the adjudication process is signing that final decision.” Sullivan is now an administrative law judge for the Department of Transportation.
The House Oversight and Government Reform Committee is investigating why many judges have high approval rates for claims already rejected twice by field offices or state agencies. Two current and two former judges spoke at a subcommittee hearing.
The number of people receiving Social Security disability benefits has increased by 44 percent over the past decade, pushing the trust fund that supports the program to the brink of insolvency.
Social Security officials say the primary reason for the increase is a surge in baby boomers who are more prone to disability as they age. Deputy Social Security Commissioner Glenn Sklar noted that the vast majority of disability claims are initially denied.
“I think the data kind of speaks for itself,” Sklar told lawmakers.
To qualify for benefits, people are supposed to have disabilities that prevent them from working and are expected to last at least a year or result in death.
According to Social Security data, there were errors in 22 percent of the cases decided in 2011, Sklar said. He said some errors were procedural and did not necessarily result in incorrect decisions.
“The true wrong rate would be less than 10 percent,” Sklar said.
Nearly 11 million disabled workers, spouses and children get Social Security disability benefits. That compares with 7.6 million a decade ago. The average monthly benefit for a disabled worker is $1,130.
An additional 8.3 million people get Supplemental Security Income, a separately funded disability program for low-income people.
“The Social Security Administration has failed to take steps to address the problem of rapid disability growth, probably because the agency has failed to recognize many of the problems,” said Rep. James Lankford, R-Okla., the subcommittee chairman.
None of the judges who testified spoke of being specifically ordered to award claims. Three said they had been pressured to decide cases without fully reviewing medical files.
The judges described a system in which there is very little incentive to deny claims, but lots of pressure to approve them. It requires more documentation to deny a claim than to approve one, said Sullivan, the former Social Security judge. Also, rejected claims can be appealed while approved claims are not.

There’s a tremendous amount of pressure to push cases out the door as soon as possible,” Sullivan said in an interview after the hearing. “There’s a push to pay mentality.

Butler, the current judge, told the subcommittee, “I think you need to look at the issue of paying down the backlog. It’s not media hype, its real and for six years it’s been going on.”
If the judges with award rates topping 90% are removed from the data, the rate of denial increases by 2%-3% annually. That amounts to 98,000 claims from 2005-11. Assuming an average lifetime award of $250,000, taxpayers would have saved $23 billion over those six years had the worst judges left the bench. If we lower the threshold to exclude judges with award rates north of 85%, these savings increase to $41 billion.
Former Social Security Commissioner Michael Astrue, who took office in 2007, made much-needed changes. Incompetent incumbents saw their influence diluted by new judges drawn from fresh candidate lists. Judicial decisions are now randomly reviewed to ensure that the court remains impartial and fair to taxpayers. Judges were limited to hearing 1,000 cases a year (the figure has since been lowered to 700), and individuals are allowed only one disability application at a time.
Mr. Astrue’s reforms have produced good results. In 2011 judges with award rates exceeding 90% heard a mere 4% of all cases, a 63.6% decline from 2008. But Mr. Astrue’s term expired in 2013, and these changes can easily be undone, either intentionally by future administrators, or unintentionally as bad habits slip back into the system.
His program to increase accountability and judicial turnover should be made permanent. Congress should also institute 15-year term limits for judges, who currently enjoy lifetime tenure, to ensure that fresh legal minds are joining the stale judicial aristocracy. A term of a decade and a half is long enough to insulate judges and prevent undue political influence.
The system faces a huge backlog, made worse by claimants who play adjudication roulette, filing and then withdrawing appeals in hopes of drawing a generous judge. Congress can limit this gamesmanship by allowing only one application per claimant in a three-year period. Because judges must marshal more documentation for a denial than an approval, they have an incentive to grant benefits to keep the system chugging along. The agency can fix this by further limiting the number of cases each judge must decide to 500 from 700.
The system is further complicated because even if a claimant has legal counsel, the judge must advocate on the claimant’s behalf. This dual role should be ended. Most claimants—85%—now have third-party representation. These professionals should be held responsible for getting supporting materials into court expeditiously and completely so the record can be closed in a timely manner.
Even under better legal rules, judges will still face rigid and outdated guidelines for granting benefits. The framework they must follow—known as the Medical Vocational Grid (known as The Listings)—is formulaic to the point of senselessness. For instance, the bar to benefits approval is lower for someone who doesn’t speak English, on the theory that it is difficult to find a job without the language. But that English rule is also applied to claimants from Puerto Rico, where the language of business is Spanish.
These guidelines (in The Listings) also do not give due consideration to actual labor market experience, dictating a looser approval standard for someone with only a high-school degree, even if the person has succeeded in the labor force for decades.
The framework (of The Listings) was developed in the late 1950s, for the previous generation’s workforce, and hasn’t been updated since 1978. Decades ago workers ages 50 or 55 might have been considered retiring, but this is no longer generally the case. Novel job-training programs also make it easier than ever for workers to move into new fields and make up for low levels of education, and new disability criteria would account for these changes.
These solutions would begin to deliver meaningful reform to Social Security disability awards. They can restore dignity and efficacy to a troubled system.
Over the past decade judicial impartiality has declined significantly, as many administrative-law judges uncritically approve most claims. In 2008 judges on average approved about 70% of claims before them, according to the Social Security Administration. Nine percent of judges approved more than 90% of benefit requests that landed on their desks.Do nine out of every 10 applicants appealing denied claims need societal support? There are reasons for skepticism. The data show that judges who are generous in granting benefits are consistently generous over time—which is suspicious, since each year they should hear a random set of new cases. The more discerning judges—those who award benefits less than 90% of the time—are more unpredictable from year to year.
(Photo: Getty Images/Illustration Works)
If the judges with award rates topping 90% are removed from the data, the rate of denial increases by 2%-3% annually. That amounts to 98,000 claims from 2005-11. Assuming an average lifetime award of $250,000, taxpayers would have saved $23 billion over those six years had the worst judges left the bench. If we lower the threshold to exclude judges with award rates north of 85%, these savings increase to $41 billion.
Former Social Security Commissioner Michael Astrue, who took office in 2007, made much-needed changes. Incompetent incumbents saw their influence diluted by new judges drawn from fresh candidate lists. Judicial decisions are now randomly reviewed to ensure that the court remains impartial and fair to taxpayers. Judges were limited to hearing 1,000 cases a year (the figure has since been lowered to 700), and individuals are allowed only one disability application at a time.
Mr. Astrue’s reforms have produced good results. In 2011 judges with award rates exceeding 90% heard a mere 4% of all cases, a 63.6% decline from 2008. But Mr. Astrue’s term expired in 2013, and these changes can easily be undone, either intentionally by future administrators, or unintentionally as bad habits slip back into the system.
His program to increase accountability and judicial turnover should be made permanent. Congress should also institute 15-year term limits for judges, who currently enjoy lifetime tenure, to ensure that fresh legal minds are joining the stale judicial aristocracy. A term of a decade and a half is long enough to insulate judges and prevent undue political influence.
The system faces a huge backlog, made worse by claimants who play adjudication roulette, filing and then withdrawing appeals in hopes of drawing a generous judge. Congress can limit this gamesmanship by allowing only one application per claimant in a three-year period. Because judges must marshal more documentation for a denial than an approval, they have an incentive to grant benefits to keep the system chugging along. The agency can fix this by further limiting the number of cases each judge must decide to 500 from 700.
The system is further complicated because even if a claimant has legal counsel, the judge must advocate on the claimant’s behalf. This dual role should be ended. Most claimants—85%—now have third-party representation. These professionals should be held responsible for getting supporting materials into court expeditiously and completely so the record can be closed in a timely manner.
Even under better legal rules, judges will still face rigid and outdated guidelines for granting benefits. The framework they must follow—known as the Medical Vocational Grid (known as The Listings)—is formulaic to the point of senselessness. For instance, the bar to benefits approval is lower for someone who doesn’t speak English, on the theory that it is difficult to find a job without the language. But that English rule is also applied to claimants from Puerto Rico, where the language of business is Spanish.
These guidelines (in The Listings) also do not give due consideration to actual labor market experience, dictating a looser approval standard for someone with only a high-school degree, even if the person has succeeded in the labor force for decades.
The framework (of The Listings) was developed in the late 1950s, for the previous generation’s workforce, and hasn’t been updated since 1978. Decades ago workers ages 50 or 55 might have been considered retiring, but this is no longer generally the case. Novel job-training programs also make it easier than ever for workers to move into new fields and make up for low levels of education, and new disability criteria would account for these changes.
These solutions would begin to deliver meaningful reform to Social Security disability awards. They can restore dignity and efficacy to a troubled system.
 (BY Mark J. Warshawsky And Ross A. Marchand
(Mr. Warshawsky is a visiting scholar at the Mercatus Center of George Mason University and a former member of the Social Security Advisory Board from 2006 to 2012. Mr. Marchand is a first-year economics graduate student at George Mason University.)

Disability Claim Denied? Find the Right Judge.SocialSecurityStory

Nine percent of the judges who hear appeals grant benefits 90% of the time, costing taxpayers tens of billions.