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<h2>Social Security Testimony Before Congress</h2></div>
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<div class="column-12 topic">
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<p> </p>
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<div align="center"><strong>Statement of Carolyn W. Colvin, <BR>
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Deputy Commissioner, Social Security Administration<BR>
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before the<BR>
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House Committee on Ways and Means,<BR>
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Subcommittee on Social Security<br><br>
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January 24, 2012
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</strong>
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</div>
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<p> </p>
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<p>Chairman Johnson, Ranking Member Becerra, and Members of the Subcommittee:</p>
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<p>Thank you for inviting me to discuss our efforts to preserve the integrity of our disability
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programs. I am the Social Security Administration’s Deputy Commissioner, as well as the
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Accountable Official for improper payments. We make every effort to pay benefits to the
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right person in the right amount at the right time. Accordingly, one of our strategic goals is
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||
to preserve the public’s trust in our programs.</p>
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||
<p>Due to tight budgets in fiscal years (FY) 2011 and 2012, we have suspended or postponed
|
||
lower priority activities so that we can continue to achieve our most important goals—
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||
eliminating the hearings backlog and focusing on program integrity work. Our available
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||
funding in FY 2012 is almost $400 million less than what we operated with in FY 2010. At
|
||
the same time, our fixed costs and our workloads continued to increase. We lost over 4,000
|
||
employees in FY 2011, and we expect to lose over 3,000 more employees this year that we
|
||
cannot replace. We simply do not have enough staff to complete all of the work for which
|
||
we are responsible, and we made strategic decisions about the areas in which we must do less
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||
with less.</p>
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||
<p>Eliminating the hearings backlog remains our top priority. With the resources we received in
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||
FY 2012, we can still achieve our commitment to reduce the average hearings processing
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||
time to 270 days by the end of FY 2013 provided we are able to hire enough administrative
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||
law judges. It will be an extraordinary accomplishment because we have faced a significant
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||
increase in hearing requests due to the economic downturn.</p>
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||
<p>While we cannot afford to complete the level of program integrity work authorized under the
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Budget Control Act of 2011 (BCA) because Congress did not appropriate the full amount,
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we will increase the number of program integrity reviews that we conduct by 90,000 more
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||
full medical continuing disability reviews (CDR) this year.</p>
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||
<p>I am pleased to report that our hard-working, dedicated employees continue to improve our
|
||
efforts to prevent, detect, and recover improper payments. As a result, the Social Security
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||
program is the most accurate in the Federal Government. Our employees also are vigilant
|
||
about protecting program dollars from waste, fraud, and abuse, and make referrals to our
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||
Office of the Inspector General (OIG) as appropriate. Our OIG has the agency lead for
|
||
investigating cases of possible fraud and referring them for criminal prosecution and other
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||
penalties. We believe that our cooperative efforts with the OIG have resulted in an
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||
extremely low incidence of fraud in our programs. It is important to remember that not all
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||
overpayments are improper and not all improper payments are necessarily fraud. For
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||
example, beneficiaries whom we have determined have medically recovered have the right
|
||
under the statute to request that their benefits continue while they are awaiting the appeal.
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||
While such continued benefits are not improper payments as they were correctly paid under
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the statute, if the appeal upholds our medical recovery determination, they are considered
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||
overpayments subject to recovery.</p>
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||
<p><U><STRONG>The Disability Programs We Administer and Our Payment Accuracy</U></STRONG></p>
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||
<p>Social Security touches the lives of nearly every American, often during times of personal
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||
hardship, transition, and uncertainty. Our 80,000 Federal and State employees serve the
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||
public through a network of 1,500 offices across the country. Each day, almost 180,000
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||
people visit our field offices and more than 435,000 people call us for a variety of services
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||
such as filing claims, asking questions, and reporting changes in circumstances (including a
|
||
return to work).</p>
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<p>The two disability programs we administer are the Social Security Disability Insurance
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||
(SSDI) program and the Supplemental Security Income (SSI) program. The SSDI program
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||
protects against loss of earnings due to disability. The SSI disability program assists blind
|
||
and disabled persons with limited income and resources. These two disability programs
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||
provided an average of 15 million beneficiaries with a total of approximately $175 billion in
|
||
benefit payments in FY 2011.</p>
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<p>Overall, our SSDI payments are highly accurate. Our most recent data show that, in FY
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||
2010, 99.3 percent of all SSDI payments were free of an overpayment, and 99.0 percent were
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||
free of an underpayment. While we are proud of our high accuracy rate for SSDI payments,
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||
we recognize that our SSI overpayment accuracy rate falls short of that high standard. To a
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||
large extent, inaccuracy is inherent in the complex program rules and the delays in receiving
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||
income data. SSI payments can change each month due to income and resource fluctuations
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||
and changes in living arrangements. Our overpayment accuracy rate, though improving,
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||
reflects that complexity. In the SSI program, 93.3 percent of all payments were free of an
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||
overpayment, and 97.6 percent of all payments were free of an underpayment, a significant
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||
improvement from FY 2008.<STRONG>1</STRONG></p>
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||
<p><U><STRONG>The Complexity of Our Disability Programs and the Causes of Payment Errors</STRONG></U></p>
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||
<p>Our disability programs are challenging to administer. Determining that an individual is
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||
eligible for SSDI or SSI benefits is a complex and generally time-consuming process. Under
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||
the SSDI program, we must evaluate an individual’s mental and physical impairments to
|
||
determine whether the impairments are so severe that they prevent the claimant from
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||
engaging in work that exists in the national economy. In the SSI program, we apply the
|
||
same standard for adults but we must also consider an individual’s often rapidly changing
|
||
income and resources before awarding SSI benefits based on disability. When we consider a
|
||
person’s continued eligibility for SSDI or SSI benefits, the law adds further complexity by
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||
requiring us to document medical improvement that relates to a person’s ability to work, a
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||
higher standard.</p>
|
||
<p>The leading cause of overpayments in the SSDI program is error in the application of
|
||
substantial gainful activity (SGA). SGA refers to the level of a beneficiary’s work and
|
||
earnings that can affect benefit payments.<STRONG>2</STRONG> Beneficiaries are required to tell us if they return
|
||
to work. However, because the statutory rules for return to work are complicated,
|
||
beneficiaries are often unsure when they have to report work to us. Congress has created
|
||
opportunities for beneficiaries to try to return to work. For example, under the SSDI
|
||
program, beneficiaries can test their ability to work in a trial work period (TWP) without
|
||
affecting their benefits. The TWP ends when a beneficiary completes 9 months with
|
||
earnings over a threshold amount ($720 per month in 2012) within a rolling 5-year period.
|
||
After the TWP, a beneficiary enters into the extended period of eligibility (EPE). The EPE is
|
||
a 36-month period during which we pay benefits only in the months a beneficiary earns
|
||
below SGA. Entitlement to benefits ends with the first month of SGA after the EPE. In
|
||
many cases, beneficiaries fail to report that they have begun a TWP or have continued to
|
||
work into the EPE. A beneficiary’s failure to report can lead to an overpayment.</p>
|
||
<p>Even when a beneficiary reports to us, we cannot always act immediately if the person is still
|
||
working in a TWP. Determining whether a beneficiary’s work and earnings are SGA takes
|
||
considerable time and requires delays while we get the additional information we need to
|
||
make the determination. We must get information about the beneficiary’s return to work
|
||
from the beneficiary or the beneficiary’s employer. Each year we must address large
|
||
volumes of work reports, and there are inevitable delays in receiving and processing this
|
||
supplemental information. Our work-related activities require a lot of starting and stopping
|
||
work on a case while we develop the case, answer necessary questions, review it, and finally
|
||
have the right information to take action. This work also requires expertise, and we need to
|
||
have enough trained employees to complete it timely. The same employees who help the 45
|
||
million people who come into our offices each year must also handle this work. The longer it
|
||
takes us to get to this work, the more likely the overpayment will be higher.</p>
|
||
<p>SSI has a different set of work rules. For SSI disability, SGA is a test to determine only
|
||
initial eligibility rather than continuing eligibility. When an SSI disability beneficiary
|
||
returns to work, we do not apply the SGA rules. Rather the law requires that SSI benefits be
|
||
reduced by $1 for every $2 in earnings.</p>
|
||
<p>Improper payments often occur when beneficiaries fail to timely report changes, such as an
|
||
increase in the value of resources or an increase or decrease in wages. Failure to report these
|
||
changes is the primary cause of improper payments in the SSI program.</p>
|
||
<p>Given the complexity of the statutes governing our disability programs and the volume of
|
||
work, some overpayments are unavoidable. The complexity of our return-to-work provisions
|
||
is exacerbated when a beneficiary receives both SSDI and SSI, because the beneficiary is
|
||
subject to two different sets of rules. For example, almost 30 percent of SSI beneficiaries
|
||
aged 18-64 also receive SSDI.</p>
|
||
<p>The President’s FY 2012 budget included two proposals that have the potential to reduce
|
||
disability program overpayments by testing programmatic simplification and giving us
|
||
access to important State, local government, and private insurer benefit information.</p>
|
||
<p>The first proposal is the Work Incentives Simplification Pilot (WISP). We believe WISP
|
||
could address a significant disincentive to work under the current SSDI rules: the fear of
|
||
losing benefits due to work activity. The current set of work incentive policies and postentitlement
|
||
procedures have become very difficult for the public to understand and for us to
|
||
effectively administer. The goal of WISP is to conduct a test of simplified SSDI work rules,
|
||
subject to rigorous evaluation protocols, that may encourage beneficiaries to work and
|
||
reduce our administrative costs. WISP would eliminate complex rules on the TWP and EPE.
|
||
It would also eliminate performing SGA as a reason to terminate benefits. Further, we would
|
||
count earnings when they are paid, rather than when earned, which would better align the
|
||
rules of the SSDI and SSI programs. If a beneficiary’s earnings fell below a certain
|
||
threshold, we could reinstate monthly benefit payments as long as the person was still
|
||
considered to be disabled.</p>
|
||
<p>The second proposal would require State and local governments and private insurers that
|
||
administer worker’s compensation (WC) and public disability benefit (PDB) plans to provide
|
||
us with information on WC and PDB payments. By requiring plan administrators to provide
|
||
payment information to us promptly, this proposal would improve the integrity of the WC
|
||
and PDB reporting process, improve the accuracy of SSDI benefits and SSI payments, and
|
||
lessen our reliance on the beneficiary to report this information in a timely manner.</p>
|
||
<p>We urge Congress to consider both of these proposals. They hold significant promise to help
|
||
us reduce improper payments in our disability programs and save taxpayer dollars.</p>
|
||
<p><U><STRONG>Our Primary Program Integrity Tools</STRONG></U></p>
|
||
<p>“Curbing Improper Payments” is the first objective under our 2008-2013 Agency Strategic
|
||
Plan Goal to “Preserve the Public’s Trust in Our Programs.” When an individual applies for
|
||
one of our disability programs, we have a system in place to ensure accurate decisions. Each
|
||
year, we are statutorily required to review at least 50 percent of all State Disability
|
||
Determination Services (DDS) initial and reconsideration allowances for SSDI and SSI
|
||
disability for adults. Based on the results of these reviews in FY 2009—the most recent year
|
||
for which data are available—the decision to allow or continue disability was correct in 98.9
|
||
percent of all favorable SSDI determinations and 99 percent of all favorable SSI disability
|
||
determinations for adults. These reviews allow us to correct errors we find before we issue a
|
||
final decision, resulting in an estimated $558 million in lifetime program savings, including
|
||
savings accruing to Medicare and Medicaid. The return on investment has been roughly $11
|
||
for every $1 of the total cost of the reviews.</p>
|
||
<p>Once an individual is on the disability rolls, our primary program integrity tools are medical
|
||
and work CDRs and SSI redeterminations. We periodically conduct medical CDRs to
|
||
evaluate whether SSDI and SSI beneficiaries continue to meet the medical criteria for
|
||
disability. We also conduct medical CDRs when we receive a report of medical
|
||
improvement from a beneficiary or third party. We complete medical CDRs in two ways,
|
||
which together ensure that we are targeting our resources to the most problematic areas in the
|
||
most cost-effective way. The medical CDR process uses a statistical modeling system that
|
||
uses data from our records to determine the likelihood that a disabled beneficiary has
|
||
improved medically. If the statistical modeling system indicates that the beneficiary has a
|
||
high likelihood of medical improvement, we send the case to the State DDS for a full
|
||
medical review. The remaining beneficiaries who are due for review but have a lower
|
||
likelihood of medical improvement receive a questionnaire requesting updates on their
|
||
impairments, medical treatment, and work activities. If the completed mailer indicates that
|
||
there has been potential medical improvement, we send the case to the DDS for a full
|
||
medical review. Otherwise, we reschedule the case for a future review. To date since 1996,
|
||
we estimate that on average each dollar spent on medical CDRs yields at least $10 in lifetime
|
||
program savings, including savings accruing to Medicare and Medicaid.</p>
|
||
<p>We have shown that with adequate funding for medical CDRs, we are able to produce
|
||
results. For example, in 1996 we received a 7-year commitment of special funds to conduct
|
||
medical CDRs. By the time the funding commitment expired at the end of FY 2002, we had
|
||
completed 9.4 million CDRs (including 4.7 million full medical reviews) and were current
|
||
on all CDRs that were due. For all the medical CDRs completed during the period FYs 1996
|
||
through 2002, we spent roughly $3.4 billion, with an estimated associated lifetime savings
|
||
from this activity of approximately $36 billion.</p>
|
||
<p>Unfortunately, from FY 2003 through FY 2007, inadequate funding forced us to reduce the
|
||
volume of medical CDRs we completed, and, as a result, we could not keep up with all the
|
||
CDRs that were due. In recent years, additional funding for program integrity has allowed us
|
||
to increase the volume of full medical CDRs though not to the level that the President has
|
||
recommended. Last fiscal year, we completed about 345,000 full medical CDRs, a 66
|
||
percent increase over the number we completed in FY 2007. Nevertheless, we still have a
|
||
backlog of about 1.3 million medical CDRs. With full funding of the additional program
|
||
integrity levels authorized under the BCA, we project that we could nearly eliminate the
|
||
medical CDR backlog over the next decade, with the exception of SSI adult medical CDRs,
|
||
which have the lowest return on investment. However, in FY 2012 Congress did not fully
|
||
fund the BCA level of program integrity resources. Therefore, we will complete about
|
||
435,000 full medical CDRs, a significant increase over FY 2011 but 130,000 fewer than the
|
||
number authorized under BCA. Given the historically high return on investment of medical
|
||
CDRs, we believe that fully funding this workload is a smart investment.</p>
|
||
<p align="center"><STRONG><U>Figure 1</U></STRONG></p>
|
||
<p><IMG alt="Reversing the Decline in Medical CDRs Chart" src="testimony_012412a.jpg" width="702" height="501"></p>
|
||
<p>A work CDR is a review of eligibility requirements regarding an SSDI beneficiary’s earnings
|
||
or ability to work. Work CDRs are triggered by reports of earnings from beneficiaries or
|
||
third parties, systems alerts, and earnings posted to a beneficiary’s record. For instance, after
|
||
an SSDI beneficiary completes a TWP and continues to work, we would conduct a work
|
||
CDR to determine if the beneficiary’s earnings preclude entitlement to payment. We may
|
||
also receive either a report of earnings or an earnings alert for unreported earnings. Our
|
||
Continuing Disability Review Enforcement Operation uses Internal Revenue Service
|
||
earnings data to identify possible work CDRs for SSDI beneficiaries. It generates about
|
||
600,000 alerts annually, and we target the alerts with the highest identified earnings and
|
||
work those cases first. In recent years, we have allocated additional staff resources to
|
||
analyze the work reports we get from all sources and to conduct more work CDRs. We are
|
||
also targeting the cases with the oldest work reports—those over 365 days old.
|
||
<BR>
|
||
We handle work CDRs in field offices and processing centers. We use a program called
|
||
eWork to automate work CDR processing. eWork collects necessary data from mainframe
|
||
databases, prepares forms, notices, and work report receipts, incorporates policy and decision
|
||
logic, and adjusts benefits.</p>
|
||
<p>Despite our budget constraints, we have focused resources on completing more work CDRs<BR>
|
||
to minimize overpayments. In FY 2010, we completed 312,471 work CDRs.<STRONG>3</STRONG> Of these,
|
||
105,279 resulted in a finding of cessation of disability, or a subsequent reinstatement or
|
||
suspension of benefits in the EPE. In FY 2011, we increased the number of work CDRs we
|
||
completed to about 324,000.<STRONG>4</STRONG> While we are still finalizing our data regarding the outcome of
|
||
those work CDRs, we estimate that about 130,000 resulted in a finding of cessation of
|
||
disability, or a subsequent reinstatement or suspension of benefits in the EPE. This fiscal
|
||
year we are focusing our limited resources in a few key areas to reduce overpayments. We
|
||
are dedicating resources to ensure that we handle actions related to work more timely and
|
||
address overpayments quicker. Nevertheless, we simply do not have the resources to
|
||
complete all of these cases.</p>
|
||
<p>Redeterminations are reviews of all of the nonmedical factors of eligibility to determine
|
||
whether a beneficiary is still eligible for SSI and still receiving the correct payment amount.
|
||
We focus on the most error-prone cases each year using a statistical model. In FY 2011, this
|
||
statistical model allowed us to prevent $1.4 billion more in overpayments than what a
|
||
random selection of cases would have prevented. Historically, every dollar spent on SSI
|
||
redeterminations returns more than $7 in lifetime program savings, including savings
|
||
accruing to Medicaid.</p>
|
||
<p>Just like the number of medical CDRs from FY 2003 to FY 2007, the number of SSI
|
||
redeterminations we conducted over the same period dropped precipitously due to inadequate
|
||
funding. Compared to FY 2007, we are now completing about 1.5 million more SSI
|
||
redeterminations each year due to increased funding for program integrity. We anticipate
|
||
completing 2.6 million SSI redeterminations in FY 2012. The additional SSI
|
||
redeterminations we have completed in recent years are the primary reason why we have
|
||
been able to increase our SSI overpayment accuracy rate by 3.6 percentage points—a
|
||
statistically significant amount—over the past 3 years.
|
||
</p>
|
||
<p align="center"><STRONG><U>Figure 2</U></STRONG></p>
|
||
<p><IMG alt="Increase SSI Non-Disability Redeterminations Chart" src="testimony_012412b.jpg" width="701" height="500"></p>
|
||
<p>The same employees who complete CDRs and redeterminations also have many other critical
|
||
responsibilities, such as taking and adjudicating SSDI and SSI applications. While our
|
||
workloads continue to grow and expand, the number of people to do the work has decreased.</p>
|
||
<p>Any workloads that we must defer due to inadequate funding—whether program integrity
|
||
work or deciding initial claims—become only more complex and costly to complete the
|
||
longer that the workload ages. For example, with a work CDR, we have to look at virtually
|
||
every month over a specified period to determine if a person worked, the amount of his or
|
||
her earnings, and whether the person had impairment-related expenses or special subsidies.
|
||
If we do not get to the work CDR shortly after the person goes to work, we have more
|
||
months in the period to analyze, more pay stubs to examine, and, generally, more variables to
|
||
factor into our determination. As the time it takes to handle this workload increases, the
|
||
likelihood of large overpayments in those cases also increases.</p>
|
||
<p>The President’s FY 2012 Budget included a legislative proposal to require employers to
|
||
report wages quarterly. Increasing the timeliness of wage reporting would provide us more
|
||
current information on our beneficiaries’ work activity, which could help to minimize the
|
||
amount of overpayments. Reverting to more frequent wage reporting would enhance
|
||
program integrity in a variety of programs.</p>
|
||
<p>In the past few years, we have developed and rolled out two initiatives further that improve
|
||
our SSI accuracy rates. Those initiatives are the Access to Financial Institutions (AFI)
|
||
project and the SSI Telephone Wage Reporting (SSITWR) system.</p>
|
||
<p>AFI is an electronic process that allows us to identify financial accounts of SSI applicants
|
||
and beneficiaries that exceed statutory limits. As of June 2011, all 50 States use AFI, and we
|
||
achieved this goal 3 months ahead of schedule. We will soon complete systems
|
||
enhancements that will further automate the AFI process.</p>
|
||
<p>The AFI project has proven very useful in identifying undisclosed accounts. For example,
|
||
just last summer, we had a case in which a claimant stated he had a bank account under the
|
||
$2,000 SSI limit. The actual account balance verified through AFI was $200,000. In another
|
||
case, a claimant said he had only one bank account under the resource limit. Using AFI to
|
||
contact multiple banks, we uncovered six bank accounts with balances of nearly $25,000 in
|
||
each account. We are looking at the possibility of expanding this successful program to real
|
||
property.</p>
|
||
<p>SSI beneficiaries can report wage data through the SSI Telephone Wage Reporting
|
||
(SSITWR) system, which automatically processes the wage information into the SSI system.
|
||
In FY 2011, we processed more than 325,000 monthly wage reports using this system.
|
||
These reports generally are accurate and require no additional evidence, which saves time in
|
||
our field offices. SSITWR has allowed us to increase the volume of wage reports we
|
||
receive, and therefore reduces wage-related errors.</p>
|
||
<p>We are also expanding our marketing of this service to the public. This fiscal year, we
|
||
expect to conduct a targeted outreach to representative payees of working SSI beneficiaries, a
|
||
population that has successfully adopted SSITWR in prior testing.</p>
|
||
<p><U><STRONG>Data Exchanges and Other Systems Enhancements</STRONG></U></p>
|
||
<p>We rely on data exchanges to help us protect the integrity of our programs. Efficient,
|
||
accurate, and timely exchanges of data promote good stewardship for all parties involved.
|
||
We have over 1,500 exchanges with a wide-range of Federal, State, and local entities that
|
||
provide us with information we need to stop benefits completely or to change the amount of
|
||
benefits we pay. We also have about 2,300 exchanges with prisons that allow us to suspend
|
||
benefits to prisoners quickly and efficiently.</p>
|
||
<p>Data exchanges are also a cost-effective way to prevent and detect improper payments. For
|
||
example, in FY 2008, for every dollar spent on our pension match with the Department of
|
||
Veterans Affairs, we saved nearly $39 in SSI benefits. Similarly, during the same timeframe,
|
||
every dollar we spent on our match with Office of Personnel Management saved us almost
|
||
$20 in Old-Age, Survivors, and Disability Insurance (OASDI) benefits.</p>
|
||
<p>We also depend on advanced technology to help balance the need to keep up with growing
|
||
workloads and to be effective stewards of the Social Security Trust Funds and taxpayer
|
||
dollars. Technology and automation are keys to providing quality service to the public as our
|
||
workloads continue to grow. For example, we recently introduced systems enhancements to
|
||
the Returned Mailer System (RMS), which tracks the status of a medical CDR mailer from
|
||
release until we receive a response from the beneficiary. The enhancements included
|
||
implementing text-mining software that scans the mailer responses for keyword matches,
|
||
thereby eliminating the manual handling of mailers that meet certain criteria. In those cases,
|
||
the RMS decides the appropriate action to take (full medical CDR, manual review of the
|
||
mailer response, or no further action), thus expediting decisions.</p>
|
||
<p><U><STRONG>Tools to Recover Overpayments</STRONG></U></p>
|
||
<p>In addition to our efforts to prevent improper payments and improve our payment accuracy,
|
||
we also have a comprehensive debt collection program. We recovered $3.2 billion in
|
||
program debt in FY 2011 and $14.72 billion over the previous 5-year period (FYs 2007-
|
||
2011) at an administrative cost of $.08 for every dollar collected.</p>
|
||
<p>We recover OASDI and SSI overpayments from overpaid beneficiaries and representative
|
||
payees who are liable for the overpayment. To recover debt, we withhold current benefit
|
||
payments from the debtor. It is harder to recoup a debt once benefits end; therefore, we
|
||
make every effort to identify and collect debt as soon as possible. If the overpaid person no
|
||
longer receives benefits, we offer the opportunity to repay debt via monthly installment
|
||
payments.</p>
|
||
<p>When we cannot recover a debt on our own, we turn to authorized external debt collection
|
||
tools. These tools include:</p>
|
||
<BLOCKQUOTE>
|
||
<p>• Tax Refund Offset;<BR>
|
||
• Administrative Offset (collection of a delinquent debt from a Federal payment other<BR>
|
||
than a tax refund);<BR>
|
||
• Credit Bureau Reporting;<BR>
|
||
• Administrative Wage Garnishment;<BR>
|
||
• Non-Entitled Debtors Program (a system that facilitates recovery of debt owed by<BR>
|
||
non-beneficiaries, such as representative payees); and<BR>
|
||
• Federal Salary Offset.</p>
|
||
</BLOCKQUOTE>
|
||
<p>We plan to improve our debt collection programs by implementing several enhancements to
|
||
allow us to take advantage of changes in the law that expand the availability of
|
||
administrative offset. For example, we will make systems changes to allow us to collect
|
||
delinquent debt via the Treasury Offset Program beyond the current 10-year statute of
|
||
limitations. The Department of the Treasury removed the 10-year limitation to collect
|
||
delinquent debts via the program and we amended our regulations in October 2011 to
|
||
conform to this change. As resources permit, we will start using other existing debt
|
||
collection authority such as private collection agencies, charging administrative fees and
|
||
interest, or indexing a debt to reflect its current value.</p>
|
||
<p>In providing us with these debt collection tools, Congress recognized that maximum debt
|
||
collection is not the only consideration. We must balance our stewardship responsibilities
|
||
with compassionate recognition of our beneficiaries’ individual situations. For example, the
|
||
law limits us to withholding no more than 10 percent of an SSI beneficiary’s monthly income
|
||
to recover an overpayment. Reducing the already minimal SSI payment too much could
|
||
leave the beneficiary without enough money to meet basic living expenses. Similarly, the
|
||
law prohibits recovery of overpayments from any beneficiary who is without fault if the
|
||
recovery would defeat the purpose of the programs or be against equity and good
|
||
conscience.</p>
|
||
<p>However, we are considering regulatory changes that could potentially allow us to collect
|
||
more of our programmatic debt. Such regulatory changes could include increasing the
|
||
minimum monthly repayment amount for certain beneficiaries with overpayments.</p>
|
||
<p><STRONG><U>Our Cooperative Efforts with OIG</U></STRONG></p>
|
||
<p>We work with our OIG to operate investigative units—called Cooperative Disability
|
||
Investigations (CDI) units—across the country. Each unit consists of an OIG special agent,
|
||
State or local law enforcement investigators, State DDS examiners/analysts, and our
|
||
management support specialists or similar employees. Our CDI units allow us to more
|
||
quickly determine whether fraud has potentially taken place and move forward with deciding
|
||
disability claims if we are satisfied that fraud has not occurred. By fostering an exchange of
|
||
information between disability decision-makers and the CDI units, the CDI program
|
||
increases our ability to identify and prevent overpayments, as well as deny potentially
|
||
fraudulent initial applications. The program also ensures timely investigation and the
|
||
termination of benefits when we detect fraud during work or medical CDRs.</p>
|
||
<p>CDI units also investigate and support criminal prosecution of doctors, lawyers, and other
|
||
third parties who commit fraud against the SSDI and SSI disability programs. The results of
|
||
these investigations may also be presented to Federal and State prosecutors for consideration
|
||
of criminal or civil prosecution, as well as to the Office of the Counsel to the Inspector
|
||
General for the possible imposition of civil monetary penalties.</p>
|
||
<p>There are currently 25 CDI units operating throughout the United States, with a 26th unit
|
||
expected to be operational before the end of this fiscal year. According to our OIG, since the
|
||
program’s inception in FY 1998 through September 2011, CDI efforts nationwide have
|
||
resulted in $1.8 billion in savings to our disability programs and $1.1 billion in savings to
|
||
non-Social Security programs, such as Medicare and Medicaid.</p>
|
||
<p>These monetary achievements are the result of CDI units opening more than 34,700 cases
|
||
and developing evidence to support approximately 26,270 actions, resulting in a denial,
|
||
suspension, or termination of disability benefits.</p>
|
||
<p>In cases where Federal prosecutors would be otherwise unable to take action on fraud cases
|
||
referred by the OIG due to resource constraints, our agency attorneys may prosecute these
|
||
cases in Federal court instead. These attorneys serve as a Special Assistant to a United States
|
||
Attorney’s Office in eight of our regional offices. There are a total of nine attorneys who
|
||
take on these cases. From FYs 2003 through 2010, our attorneys secured over $36.9 million
|
||
in restitution orders and 717 convictions or guilty pleas. In FY 2011, we secured nearly $6.8
|
||
million in restitution orders and 97 convictions for identity theft, program fraud, and Social
|
||
Security number misuse.</p>
|
||
<p>The law provides a wide-range of penalties for individuals who make false statements, or
|
||
who misrepresent or omit material facts used in determining eligibility for, or the amount of,
|
||
OASDI or SSI benefits. We train our field employees to alert OIG to any cases of suspected
|
||
fraud. We made nearly 19,000 such fraud referrals related to our disability programs in FY
|
||
2011, from which the OIG opened about 4,600 cases.</p>
|
||
<p><U><STRONG>Conclusion</STRONG></U></p>
|
||
<p>We take pride in our ability to protect and carefully manage the resources, assets, and
|
||
programs entrusted to us. We have earned the public’s trust, and we intend to do everything
|
||
we can to keep it. We are firmly committed to sound management practices, including using
|
||
accurate metrics for evaluating our programs’ integrity, and following up with appropriate
|
||
enforcement and recovery actions. We know the continued success of our programs is
|
||
inextricably linked to the public’s trust in them. Properly managing our resources and
|
||
program dollars is critical to that success.<BR>
|
||
We also know that congressional support is vital. In order to complete all of the work for
|
||
which we are responsible, we need Congress to fully fund those workloads in future
|
||
appropriations cycles. We are doing what we can to target our program integrity efforts to
|
||
areas that provide the best value, but we need adequate and timely resources to balance this
|
||
work with the increasing demand for our services.</p>
|
||
<p> </p>
|
||
<p><STRONG>_____________________________________________</STRONG></p>
|
||
<p><STRONG>1</STRONG> These data include all categories of SSI beneficiaries.</p>
|
||
<p><STRONG>2</STRONG> Generally, earnings averaging over $1,010 a month (in 2012) demonstrate an individual’s ability to perform SGA. This amount is subject to modifications and exceptions based on other statutory incentives designed to encourage work, such as impairment-related work expenses, subsidies, and special conditions.</p>
|
||
<p><STRONG>3</STRONG> Because we reviewed some beneficiaries more than once during the fiscal year, the number of completed work CDRs involves about 264,000 SSDI beneficiaries.</p>
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<p><STRONG>4</STRONG> The number of completed work CDRs for FY 2011 likely includes some beneficiaries for whom we completed reviews more than once.<BR>
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