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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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<div align="center"><strong>Statement of Glenn Sklar,<br>
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Deputy Commissioner<br>
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Office of Disability Adjudication and Review<br>
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Social Security Administration <br>
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before the House Committee on Oversight and Government Reform<br>
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Subcommittee on Energy Policy, Health Care, and Entitlements<br>
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<br>
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November 19, 2013</strong></div>
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<p> </p>
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<p>Chairman Lankford, Ranking Member Speier, and Members of the Subcommittee:</p>
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<p>I appreciate the opportunity to discuss our management of the disability appeals process.
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Today, I will share with you our important progress in modernizing the process and
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improving the quality of our hearing decisions and how we are addressing some of our
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challenges. Before doing so, I will briefly discuss the vital programs that the Social
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Security Administration (SSA) administers. </p>
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<p><strong><u>Introduction</u></strong></p>
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<p>We administer the Old-Age, Survivors, and Disability Insurance program, commonly
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referred to as "Social Security," which protects against loss of earnings due to retirement,
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death, and disability. Social Security provides a financial safety net for millions of
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Americans-few programs touch as many Americans. We also administer the
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Supplemental Security Income (SSI) program, funded by general revenues, which
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provides cash assistance to persons who are aged, blind, and disabled, as defined in the
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Social Security context, with very limited means. </p>
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<p>We also handle lesser-known but critical services that bring millions of people to our
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field offices or prompt them to call us each year. For example, we issue replacement
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Medicare cards and help administer the Medicare low-income subsidy program. </p>
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<p>Accordingly, the responsibilities with which we have been entrusted are immense in
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scope. To illustrate, in fiscal year (FY) 2012 we:</p>
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<ul>
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<li> Paid over $800 billion to almost 65 million beneficiaries;</li>
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<li> Handled over 56 million transactions on our Nation al 800 Number Network;</li>
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<li>Received over 65 million calls to field offices nationwide; </li>
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<li> Served about 45 million visitors in over 1,200 field offices nationwide; </li>
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<li> Completed over 8 million claims for benefits and 820,000 hearing dispositions; </li>
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<li> Handled almost 25 million changes to beneficiary records; </li>
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<li> Issued about 17 million new and replacement Social Security cards; </li>
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<li> Posted over 245 million wage reports;</li>
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<li> Handled over 15,000 disability cases in Federal District Courts; </li>
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<li> Completed over 443,000 full medical continuing disabili ty reviews (CDR); and </li>
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<li> Completed over 2.6 million non-medical redeterminations ofSSI eligibility. </li>
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</ul>
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<p>When the American people turn to us for any ofthese vital services, they expect us to
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deliver a quality product. Our employees take pride in delivering caring, effective
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service. The aging of the baby boomers, the economic downturns, additional workloads
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like the growing demand for verifications for other programs, and tight budgets increase
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our challenges to deliver.</p>
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<p><u>Program Integrity Work</u></p>
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<p> Further, while outside my direct seope in the Office of Disability Adjudication and
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Review, as Acting Commissioner Carolyn Colvin has explained, budgets have also
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affected our ability to conduct vital program integrity work, which helps ensure that only
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those persons eligible for benefits continue to receive them. There is a long-standing
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adage in our agency-the right check to the right person at the right time. Delivering on
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this statement is our goal because we know that when we accomplish it we are
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demonstrating our stewardship and preserving the public's trust in our programs.
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Although we estimate that we save the Federal government $9 per dollar spent on
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continuing disability reviews (CDRs), we have a backlog of 1.3 million CDRs because
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we have not received annual appropriations that would allow us to conduct all of our
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scheduled CDRs. </p>
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<p>The FY 2014 President's Budget includes a legislative proposal that would provide a
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dependable source of mandatory funding to significantly ramp up our program integrity
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work.<strong>1</strong> In FY 2014, the proposal would provide $1.227 billion, allowing us to process
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hundreds of thousands more CDRs.<strong>2</strong> </p>
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<p><u>The Disability Insurance (DI) program </u></p>
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<p>Before discussing the improvements we have made to the disability appeals process, I
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would like to highlight a few aspects of the Disability Insurance (DI) program. </p>
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<ul>
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<li> First, Congress established a strict standard of disability for our disability
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programs. For example, the DI program does not provide short-term or partial
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disability benefits. Instead, an insured claimant is eligible only if he or she cannot
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engage in any substantial work because of a medically determinable physical or
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mental impairment that has lasted or is expected to last at least one year or to
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result in death.</li>
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</ul>
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<blockquote>
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<p> A claimant cannot receive disability benefits simply by alleging the existence of
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pain or a severe impairment. We require objective medical evidence and
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laboratory findings that show the claimant has a medical impairment that:
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1) could reasonably be expected to produce the pain or other symptoms alleged,
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and 2) meets our disability requirements when considered with all other evidence.</p>
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</blockquote>
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<ul>
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<li> In December 2012, a worker who was found to be disabled in the Social Security
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context received, on average, a little over $1,100 in SSDI benefits per month,
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barely above the current poverty income level of $13,000 per year.</li><br>
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<li> Recently, there has been some growth in the DI program. Our Chief Actuary has
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explained that long-term DI program growth was predicted many years ago and is
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driven, for example, by the aging of the baby boom generation and the fact that
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more women have joined the labor force and have become eligible for benefits. </li>
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</ul>
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<p><strong><u>Improving Public Service: Quality, Timeliness, and Oversight </u></strong></p>
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<p>Had we had this conversation about the hearings operation in 2007, the topic would likely
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have been, as it was at the time, the unconscionable service we were delivering to your
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constituents. The average wait for a person to receive a hearing decision was over 500
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days. Over 63,000 people waited over 1,000 days for a hearing. Some people waited as
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long as 1,400 days. Congress made it clear that addressing untimely hearing decisions
|
|
must be our top priority. </p>
|
|
<p>In developing efficient and effective solutions to the hearing delays, we implemented a
|
|
comprehensive operational plan to better manage our unprecedented workload. This plan
|
|
addressed the many issues we must balance in the hearing process - quality,
|
|
accountability, and timeliness. We made dozens of significant changes, including
|
|
increasing the number of ALJs and support staff, increasing the number of hearing
|
|
offices, establishing national hearing centers, expanding video conferenc ing to conduct
|
|
hearings, improving information technology, and standardizing business processes, to
|
|
name just a few. Congress provided additional resources, which were critical to
|
|
supporting our improvements.</p>
|
|
<p> Today, the results are clear that our plan has worked. We have significantly improved
|
|
the quality and timeliness of our hearing decisions. We steadily reduced the wait for a
|
|
hearing decision from a high of 512 days in fiscal year (FY) 2007, to 375 days in FY
|
|
2013. While this number is still too high and is increasing under budget cuts, it is still a
|
|
dramatic improvement from 2007. </p>
|
|
<p>We have made tremendous improvement in our service to the public by focusing on our
|
|
most aged cases. We have decided nearly a million aged cases since FY 2007, and today
|
|
we have virtually no hearing requests over 700 days old, with the vast majority of our
|
|
cases falling between 100 to 400 days old.</p>
|
|
<p> Our improvements include modernizing our information technology infrastructure in the
|
|
hearing operation. Not that long ago, we were an entirely paper-based organization. We
|
|
lost precious time and flexibility mailing huge paper cases through each step of our
|
|
disability process. Now, we are nearly entirely electronic, allowing us to more efficiently
|
|
help Americans. We conduct over 150,000 video hearings annually, and the
|
|
Administrative Conference of the United States (ACUS) has cited SSA's video hearings
|
|
process as a best practice for all Federal agencies. Going electronic means that we have
|
|
data available that we have never had before and we are using these data to inform our
|
|
policies and improve quality. Not only do we work in a fully electronic processing
|
|
environment, but many claimants and third parties interact with us electronically as well.</p>
|
|
<p>We have improved the training we provide to our ALJs to help ensure that our hearings
|
|
and decisions are consistent with the law, regulations, rulings, and agency policy. Since
|
|
FY 2007, our new ALJs have undergone rigorous selection and have participated in a
|
|
two-week orientation, four-week in-person training, formal mentoring, and supplemental
|
|
in-person training. We provide ALJs with easy access to information on the reasons for
|
|
their Appeals Council remands and other data through an electronic tool. Because we
|
|
can now gather and analyze common adjudication errors, we provide quarterly continuing
|
|
education training to all adjudicators that targets these common errors. In addition, we
|
|
have continued our training program that provides in-person technical training for 350 of
|
|
our ALJs each year. </p>
|
|
<p>As a result, quality is improving. This improvement is not happenstance but the result of
|
|
these deliberate changes we have made in the way we hire, to the way we train, to the
|
|
way we give feedback. For denial decisions, we have seen ever-increasing concordance
|
|
between ALJ decisions and the Appeals Council. We now have increasing amounts of
|
|
data to detect areas of policy non-compliance on allowances, and we are using that data
|
|
to provide better feedback to adjudicators to improve policy compliance. </p>
|
|
<p>This improved quality means that the Appeals Council is remanding fewer cases to our
|
|
ALJs for possible corrective action. The percentage of cases appealed to Federal court is
|
|
also decreasing. While management is providing the support for adjudicators that leads
|
|
to these results, it is the adjudicators themselves who have responded positively to the
|
|
feedback. Perhaps for the first time, we have a feedback loop that allows adjudicators to
|
|
actively participate in improving their work and in telling us about disagreements or
|
|
problematic areas. </p>
|
|
<p>We could not have realized these improvements without the dedication of our ALJ corps
|
|
and all of our employees. I thank them for their hard work. </p>
|
|
<p>Despite the tremendous advancement we have made, I am concerned that our
|
|
improvements will erode. The number of hearing requests we receive each year remains
|
|
high, and we are losing many ALJs and support staff due to attrition, whom we are
|
|
unable to replace. We are doing what we can to hold steady on our progress despite the
|
|
loss of employees. However, our progress has slowed in the last year, and we were
|
|
unable to open eight new hear ing offices planned for Alabama, California, Indiana,
|
|
Michigan, Minnesota, Montana, New York, and Texas. </p>
|
|
<p><strong><u>Ensuring High Quality, Policy Compliant, and Legally Sufficient Decisions </u></strong></p>
|
|
<p>Over the past several decades, we have been accused of sacrificing quality by reflexively
|
|
denying too many disability claims or by granting them too readily. These reports ignore the reality that we are making quicker, higher quality disability decisions. Over the past
|
|
six years, the allowance and denial rates have become more consistent throughout the
|
|
ALJ corps, reflecting an emphasis on quality decision making. There are now
|
|
significantly fewer ALJs who allow more than 85 percent of their cases than there were
|
|
in FY 2007. Meanwhile, there is less than one percent of the ALJ corps that pays fewer
|
|
than 20 percent of their cases. </p>
|
|
<p>Let me categorically state that we have no targets or goals regarding these rates. We are
|
|
focused on delivering policy compliant decisions. In that regard, an ALJ with a very high
|
|
or a very low allowance rate may raise a quality red flag. However, we have to look
|
|
behind the data to see the cause. With our automation efforts, we now have a process and
|
|
the data to do so. </p>
|
|
<p>Figure 1: ALJ Allowance Rate Groups</p>
|
|
<p><img src="testimony_111913a.jpg" width="717" height="355" alt="ALJ Allowance Rate Groups Chart"></p>
|
|
<p>The quality of our benefit decisions is a paramount concern for the agency. We took
|
|
aggressive steps to institute a more balanced quality review in the hearings process. Our
|
|
first effort in this area was to develop serious data collection and management
|
|
information for the Office of Disabil ity Adjudication and Review (ODAR). We then
|
|
revived development of an electronic policy-compliance system for the Appeals Council
|
|
(AC). Because the Office of Appellate Operations (OAO) handles the final level of
|
|
administrative review, it has a unique vantage point to give feedback to decision and
|
|
policy makers. OAO developed a technological approach to harness the wealth of
|
|
information the AC collects, turning it into actionable data. These new tools permitted
|
|
the OAO to capture a significant amount of structured data concerning the application of
|
|
agency policy in hearing decisions.</p>
|
|
<p>Using these data sets, we provide feedback on decisional quality, giving adjudicators
|
|
real-time access to their remand data. We are creating better tools to provide individual
|
|
feedback for our adjudicators. One such feedback tool is "How MI Doing?" This
|
|
resource not only gives ALJs information about their AC remands, including the reasons
|
|
for remand, but also information on their performance in relation to other ALJs in their
|
|
office, their region, and the nation. Currently, we are developing training modules
|
|
related to each of the 170 identified reasons for remand that we will link to the "How MI
|
|
Doing?" tool. ALJs will be able to receive immediate training at their desks that is
|
|
targeted to the specific reasons for the remand. We develop and deliver specific training
|
|
that focuses on the most error-prone issues that our judges must address in their
|
|
decisions. Data driven feedback informs business process changes that reduce
|
|
inconsistencies and inefficiencies, and simplify rules. </p>
|
|
<p>In FY 2010, OAO created the Division of Quality (DQ) to focus specifically on
|
|
improving the quality of our disability process. While AC remands provide a quality
|
|
measure on ALJ denials, prior to the creation of DQ, we did not have the resources to
|
|
look at ALI allowances. Since FY 20II, DQ has been conducting pre-effectuation
|
|
reviews on a random sample of ALJ allowances. Federal regulations require that preeffectuation
|
|
reviews of ALJ decisions must be selected at random or, if selective
|
|
sampling is used, may not be based on the identity of any specific adjudicator or hearing
|
|
office. Currently, DQ reviews a statistically valid sample of un-appealed favorable ALJ
|
|
hearing decisions. </p>
|
|
<p>DQ also performs post-effectuation focused reviews looking at specific issues. Subjects
|
|
of a focused review may be hearing offices, ALJs, representatives, doctors, and other
|
|
participants in the hearing process. The same regulatory requirements regarding random
|
|
and selective sampling do not apply to post-effectuation focused reviews. Because these
|
|
reviews occur after the 60-day period a claimant has to appeal the ALJ decision , they do
|
|
not result in a change to the decision. </p>
|
|
<p>The data collected from these quality initiat ives identify for us the most error-prone
|
|
provisions of law and regulation, and we use this information to design and implement
|
|
our AU training efforts. To ensure that all of our ALJs comply with law, regulations,
|
|
and policies, we provide considerable training including both new and supplemental ALJ
|
|
training. We train our ALJs on the agency's rules and policies, and that training is vetted
|
|
thoroughly by various components, including the component that is responsible for
|
|
disability policy. For the past several years, our new AU training also has included a
|
|
session that explains the scope and limits ofan ALJ's authority in the hearing process,
|
|
including the ALJ's obligation to follow the agency's rules and policies. We also have
|
|
implemented the ALJ Mentor Program, which pairs a new ALJ with an experienced ALJ,
|
|
who provides advice, coaching, and expertise. Additionally, we provide regular guidance
|
|
to ALJs through Chief Judge Memoranda and bulletins, Interactive Video Teletraining
|
|
sessions, and in responses to specific queries from the field.</p>
|
|
<p> Additional efforts to promote policy compliance include a pilot of the Electronic Bench
|
|
Book (eBB) for our adjudicators. The eBB is a policy-compliant web-based tool that aids in
|
|
documenting, analyzing, and adjudicating a disability case in accordance with our
|
|
regulations. We designed this electronic tool to improve accuracy and consistency in the
|
|
disability evaluation process. </p>
|
|
<p>These efforts are testing some longstanding traditions within ODAR. We are moving
|
|
from training based primarily on anecdotal information as to our most significant
|
|
problems to a data-driven identification of training, guidance, and policy gaps. We now
|
|
develop training materials and automated tools designed to improve both the
|
|
adjudicator's efficiency and accuracy in case adjudication. We are transparent with the
|
|
information that we are collecting so that the ALJs can more readily make use of the
|
|
information. </p>
|
|
<p>In addition, the data collected by DQ provide us with a tremendous tool to identify
|
|
trends. We review our electronic records for anomalies; when we find them, we look to
|
|
identify whether such anomalies can be explained or whether administrative action is
|
|
appropriate. When we suspect fraud or other suspicious behavior, we refer the matter to
|
|
our Office of Inspector General.</p>
|
|
<p>These new quality initiatives have given us a new opportunity to improve our policy
|
|
guidance. We are using these data to help us identify and pursue regulatory and policy
|
|
changes to improve our disability process. However, there are many stakeholders on
|
|
both sides of any policy that affects our disability programs. To objectively address
|
|
concerns about changes to various aspects of our disability programs, we have contracted
|
|
with the ACUS to review several issues for us. ACUS has looked at challenging and
|
|
potentially controversial issues that affect the hearings process , including the submission
|
|
of evidence and duty of candor, the treating source rule, closing the record, and video
|
|
hearings. We are moving forward on many of these issues, but gathering objective
|
|
evidence and considering input from all stakeholders takes time. </p>
|
|
<p><strong><u>Ensuring Timely Decisions</u></strong></p>
|
|
<p>Timeliness is one aspect of quality from a claimant's perspective. No elaimant would say
|
|
that waiting 1,400 days or 1,000 days or even 400 days to know the outcome of their
|
|
claim is quality service. </p>
|
|
<p>As part of our efforts to ensure hearing decisions are legally sufficient and time ly, we
|
|
have given ALJs a range of 500-700 decisions a year as a reasonable expectation based
|
|
on what many ALJs were already doing. We have never required an ALJ to do 500-700
|
|
cases per year. These judges receive lifetime appointments. They know when accepting
|
|
the job that we will expect them to be able to deliver a policy compliant decision in a
|
|
production environment. The public has every right to expect them to work hard, and
|
|
most judges meet that expectation. We are responsible for providing them with the
|
|
framework for success. For example, each ALJ has between four and five staff members
|
|
who directly contribute to a disposition. </p>
|
|
<p>Our previous Chief ALJ established this expectation after consulting with a number of managers and ALJs about the reasonableness of the expectation . The range of 500 to 700
|
|
dispositions was consistent with a prior goal set in 1981. At that time, the agency asked
|
|
ALJs to complete 45 dispositions a month or 540 a year. With significant advances in
|
|
technology over the last 26 years and increasing the number of support staff for ALJs, it
|
|
was not surprising that when the agency articulated the 500-700 expectation, almost 50
|
|
percent of ALJs were issuing at least 500 dispositions a year. From the start, the 500 to
|
|
700 expectation was not a quota and was not a mandate. In FY 2012, approximately 78
|
|
percent of our ALJs met the expectation.</p>
|
|
<p> I want to be very clear that I expect all dispositions to be not just timely but legally
|
|
sufficient, and we are demonstrating that we are serious about quality with our
|
|
investments. </p>
|
|
<p>Moreover, in a survey conducted Iast year by the Association of Administrative Law
|
|
Judges, nearly three out of four respondents found it "not difficult at all" or only
|
|
"somewhat difficult" to meet the expectation. When given an opportunity to explain why
|
|
they had not met the agency's expectation, many respondents cited their status as new
|
|
ALJs. In fact, we account for the learning curve for new ALJs. We reiterate the
|
|
importance of making the right decision and we do not ask our newly-hired ALJs to meet
|
|
the full workload expectation during their first year learning the job. </p>
|
|
<p>When an ALJ has workflow issues, we work with the ALJ on an informal basis to resolve
|
|
those issues and to assist the ALJ.
|
|
</p>
|
|
<p>If issues cannot be remedied informally, then we take affirmative, and typically
|
|
progressive, steps to address problems, including counseling, training, mentoring and, as
|
|
a last resort, adverse action pursuant to 5 U.S.C. 7521. With the promulgation of our
|
|
"time and place" regulation, we have eliminated ambiguities regarding our authority to
|
|
manage scheduling, and we have taken steps to ensure that ALJs are deciding neither too
|
|
few nor too many cases. By management instruction, we are limiting assignment of new
|
|
cases to no more than 840 cases annually. </p>
|
|
<p><u>ALJ Management Oversight </u></p>
|
|
<p>ALJs have qualified decisional independence. That qualified decisional independence
|
|
allows ALJs to issue decisions consistent with the law and agency policy, rather than
|
|
decisions influenced by pressure to reach a particular result. The primary purpose of an
|
|
ALJ's qualified decisional independence is to enhance public confidence in the essential
|
|
fairness of an agency's adjudicatory process. We fully support Congress' intent to ensure
|
|
the integrity ofthe hearings process, and we note that the Supreme Court has recognized
|
|
that Congress modeled the Administrative Procedure Act after our hearings process. </p>
|
|
<p>The mission of our hearing operation is to provide timely and legally sufficient hearings
|
|
and decisions. For our hearing process to operate efficiently and effectively, we need
|
|
ALJs to treat members of the public and staff with dignity and respect, to be proficient at
|
|
working electronically, and to be able to handle a high-volume workload in order to makeswift and sound decisions in a non-advcrsarial adjudication setting. Let me emphasize
|
|
that the vast majority of the ALJs hearing Social Security appeals do an admirable job.
|
|
They handle the complex cases in a timely manner, while conforming to the highest
|
|
standards of conduct and quality. </p>
|
|
<p>The law has guided our path to holding our judges accountable. In 2006, the agency
|
|
began to seriously examine the scope ofdecisional independence and test our
|
|
management authority. Since FY 2007, we have been working diligently to improve
|
|
management oversight of our ALJs to ensure that they adhere to policies, regulations, and
|
|
laws, while maintaining the ALJs' qualified decisional independence. We expect our
|
|
ALJs to adhere to the high standards expected ofthem, recognizing at the same time that
|
|
we cannot and would not influence their decision in any particular case. Through the
|
|
actions the agency brought to the Merit Systems Protection Board (MSPB), we
|
|
confirmed, among other issues, that when management addresses case processing,
|
|
including discipline for purposeful failure to follow policy, it does not interfere with an
|
|
ALJ's qualified decisional independence. We also confirmed that ALJs must adhere to
|
|
the same standards of conduct as other federal employees. Over 20 ALJs have separated
|
|
from the agency through tinal MSPB decisions or resolution agreements. Nearly all of
|
|
these cases have involved serious conduct issues. </p>
|
|
<p><strong><u>Disciplinary Action </u></strong></p>
|
|
<p>Again, I must emphasize that the vast majority of our ALJs arc conscientious and hardworking
|
|
employees who take thei r responsibility to the public very seriously. For these
|
|
ALJs, we can rely on current agency measures including training to address any problems
|
|
they may have. Generally, the informal process works, but when it does not,
|
|
management has the authority to order an AU to take a certain case processing action or
|
|
explain why he or she cannot take such case processing actions. ALJs rarely fail to
|
|
comply with these orders. In those rare cases where the ALJ does not comply and where
|
|
appropriate, we pursue disciplinary action. </p>
|
|
<p>However, when ALJ performance or conduct issues arise, agencies such as SSA are more
|
|
limited in the manner in which they can attempt to correct the issues. For example,
|
|
agency managers may take certain corrective measures, such as informal counseling or
|
|
issuing a disciplinary reprimand. However, the agency cannot take stronger disciplinary
|
|
measures against an ALJ, such as removal or suspension, reduction in grade or pay, or
|
|
furlough for 30 days or less, unless the MSPB finds that good cause exists. </p>
|
|
<p>The current system makes it challenging to address the tiny fraction of ALJs who hear or
|
|
decide only a handful of cases, fail to decide cases in a legally sufficient manner, allow
|
|
cases under their control to languish, or otherwise engage in misconduct. A few years
|
|
ago, we had an ALJ who failed to inform us, as required, that he was also working fulltime
|
|
for the Department of Defense. Another ALJ was arrested for committing a serious
|
|
domestic assault. More recently, an ALJ failed to follow his managers' orders to process
|
|
his cases. We removed these ALJs, but only after completing the lengthy MSPB
|
|
disciplinary process that lasts several years and can consume over a million
|
|
dollars of taxpayer resources. In each of these cases, unlike disciplinary action against all other
|
|
civil servants, the law required that ALJs receive their full salary and benefits until the
|
|
case was finally decided by the full MSPB---even though the agency could not allow
|
|
them in good conscience to continue deciding and hearing cases. We remain open to
|
|
exploring different options to address this matter, while ensuring the qualified decisional
|
|
independence of ALJs.</p>
|
|
<p> <u><strong>Conclusion </strong></u><strong></strong></p>
|
|
<p>Over fifty years ago, Congress created the disability program to help some of our most
|
|
vulnerable citizens. The vast majority of our adjudicators care very much about making
|
|
the right decision and being good stewards of the tru st funds, and we are committed to
|
|
helping them do their jobs effectively. </p>
|
|
<p>We thank you for your interest in helping us improve our service and ensure ongoing
|
|
confidence in our programs. We also ask for your support for the President's budget
|
|
request, which will provide us with funding to continue to improve our hearings process,
|
|
to improve the integrity of our disability programs, and to reduce improper payments.
|
|
With past support from Congress, we have made progress in both the administrative and
|
|
program integrity arenas and we all benefit if that progress is not lost. </p>
|
|
<p>Again, thank you for the opportunity to testify today. I will do my best to answer any
|
|
questions you may have.</p>
|
|
<p>______________________________________________</p>
|
|
<p><strong>1</strong> These mandatory funds would replace the discretionary cap adjustments authorized by the Balanced
|
|
Budget and Emergency Deficit Control Act of 1985, as amended by the Budget Control Act. These funds
|
|
would be reflected in a new account, the Program Integrity Administrative Expenses account, which would
|
|
be separate, and in addition to, our Limitation on Administrative Expenses (LAE) account. Under the
|
|
proposal, the funds would be available for two years, providing us with the flexibility to aggressively hire
|
|
and train staff to support the processing of more program integrity work. </p>
|
|
<p><strong>2</strong> With this increased level of funding, the associated volume of medical CDRs is 1.047 million, although it
|
|
may take us some time to reach that level. For comparison, we conducted about 430,000 CDRs in FY
|
|
2013.</p>
|
|
<p>________________________________________________________________________________________</p>
|
|
<div align="center">
|
|
<p><strong>Statement of Judge Jasper J. Bede,<br>
|
|
Regional Chief Administrative Law Judge<br>
|
|
Social Security Administration <br>
|
|
before the House Committee on Oversight and Government Reform<br>
|
|
Subcommittee on Energy Policy, Health Care, and Entitlements<br><br>
|
|
November 19, 2013</strong></p>
|
|
</div>
|
|
<p>Mr. Chairman, Ranking Member Speier, and Members of the Subconunittee: </p>
|
|
<p>My name is Jasper J. Bede, and I serve as the Chief Administrative Law Judge (ALJ) for Region
|
|
III (Philadelphia). I have held this position with the Social Security Administration (SSA) since
|
|
April 2006. I was the Hearing Office Chief ALJ (HOCALJ) in the Wilkes-Barre, Pennsylvania
|
|
Hearing Office from 2002 to 2006. I was appointed to the position of ALJ in 1991, after
|
|
working at SSA as an Appeals Officer, Supervisory Attorney Advisor and Attorney Advisor.
|
|
Prior to my employment with SSA, I was an Officer in the United States Army. </p>
|
|
<p>Region III includes Delaware, the District of Columbia, Maryland, Pennsylvania, Virginia, and
|
|
West Virginia. The population we serve is a reflection of the wider population of the United
|
|
States from farm laborers and coalminers to medical researchers and software designers. Many
|
|
of the claimants who appear before our judges have unskilled work backgrounds and less than a
|
|
high school education, but we also see claimants who have achieved the highest levels of
|
|
education and worked in the most skilled professions. </p>
|
|
<p>Region III has 18 Hearing Offices, 150 ALJs, and approximately 742 support staff. Currently,
|
|
Region III has 98,213 cases pending, and in fiscal year 2013, we closed 80,753 cases with an
|
|
average processing time of 407 days. Region III ranks first in the nation in quality measures
|
|
with an 87.7 percent Appeals Council agree rate. We also have the first and second ranked
|
|
Hearing Offices in the nation (Johnstown and Seven Fields). </p>
|
|
<p>As the Chief ALJ in Region III, my job is to make sure our offices best serve our claimants and
|
|
contribute to ODAR's mission of providing timely and quality service to the public. I frequently
|
|
visit the hearing offices in my region and emphasize our goals of providing timely, policy-compliant
|
|
decisions. I set up one-on-one meetings with all of the new ALJs in my region, and I
|
|
make myself available to all staff. With regard to ALJs, if I learn of an issue, I work with the
|
|
Hearing Office Chief ALJ to discuss the issue and to assist the ALJ. If informal discussions with
|
|
the ALJ do not correct the problem, I may counsel the ALJ or issue a formal reprimand. For
|
|
more serious issues, I can request that the Chief ALJ initiate proceedings with the Merit Systems
|
|
Protection Board. </p>
|
|
<p>Thank you for the opportunity to be here today. I would be happy to answer any questions that
|
|
you may have.</p>
|
|
</div>
|
|
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