Taking Down the Take Down – Facts Matter in Disability Discussion

We recently addressed the sensationalism and mischaracterizations offered by This American Life from WBEZ in their March 2013 broadcast Trends with Benefits.  Along with Media Matters, many individuals and groups who actually understand the disability program have steadily debunked the show’s assertions. To wit, Kathy Ruffing who has countered virtually every incorrect assertion the show so cavalierly alleged.  

Now, eight former SSA Commissioners have offered a take down. We could not agree more. And the entire statement is provided below. We would only offer a qualification and an additional note to the chorus. When the commissioners speak of the 17 percent of disabled who tried to work in 2007 with earnings generally very low (two-thirds of those who worked in 2007 earned less than $5,000 for the whole year) and mention only a small amount managed to earn enough to be self-sufficient to leave the DI and SSI programs;  a clarification is necessary.

We note that often simply returning to work  frequently removes or jeopardizes the benefits. TAL legitimately asked these questions at the end of their drama fest. Had they explored the need for real return to work protection and incentives, the show might have been relevant.  At present, if a beneficiary or recipient reports work - as they are required to do, it can begin a process of removal from benefits (often incorrectly, as SSA underpaid millions in 2012 alone). This is not due to the agency’s ire, although the front line workers must be weary at this point. There are many factors - a hiring freeze for SSA employees as workloads increase, staffing shortage etc.

Finally an additional note to the chorus.  When a show like This American Life attacks the program, perceptions can change the discussion.  For example, Ronald Regan as president changed the term “earned entitlements “to” entitlements” when addressing a gathering of business executives. That false moniker has held,  in relation to the majority of SSA benefits. After all, the very words entitlement and welfare appear in the constitution. Yet these facts did not make into the "6 months of research" TAL devoted to the take down job they attempted. All credit to the past Commissioners whose consensus takes down the take down TAL misguidedly attempted. Words matter and careless incorrect rhetoric has been countered in the past two weeks. We are all disabled eventually. Timing may change one's perspective. So too sloppy journalism. We applaud the response by these commissioners and others who have responded, standing up for the truth and for the most severely impaired amongst us, the disabled.

 April 4, 2013 

An Open Letter from Former Commissioners of the Social Security Administration 

     As former Commissioners of the Social Security Administration (SSA), we write to express our significant concerns regarding a series recently aired on This American Life, All Things Considered, and National Public Radio stations across the U.S. ("Unfit for Work: The Startling Rise of Disability in America"). Our nation’s Social Security system serves as a vital lifeline for millions of individuals with severe disabilities. We feel compelled to share our unique insight into the Social Security system because we know firsthand the dangers of mischaracterizing the disability programs via sensational,anecdote-based media accounts, leaving vulnerable beneficiaries to pick up the pieces.           

     Approximately 1 in 5 of our fellow Americans live with disabilities, but only those with the most significant disabilities qualify for disability benefits under Title II and Title XVI of the Social Security Act. Title II Old Age, Survivors, and Disability Insurance (DI) benefits and Title XVI Supplemental Security Income (SSI) benefits provide critical support to millions of Americans with the most severe disabilities, as well as their dependents and survivors. Disabled beneficiaries often report multiple impairments, and many have such poor health that they are terminally ill: about 1 in 5 male DI beneficiaries and 1 in 7 female DI beneficiaries die within 5 years of receiving benefits. Despite their impairments, many beneficiaries at tempt work using the work incentives under the Social Security Act, and some do work part-time. For example, research by Mathematica and SSA finds that about 17 percent of beneficiaries worked in 2007. However,their earnings are generally very low (two-thirds of those who worked in 2007 earned less than $5,000 for the whole year), and only a small share are able to earn enough to be self-sufficient and leave the DI and SSI programs each year. Without Social Security or SSI, the alternatives for many beneficiaries are simply unthinkable. 

     The statutory standard for approval is very strict, and was made even more so in 1996. To implement this strict standard, Social Security Administration (SSA) regulations, policies, and procedures require extensive documentation and medical evidence at all levels of the application process. Less than one-third of initial DI and SSI applications are approved, and only about 40 percent of adult DI and SSI applicants receive benefits even after all levels of appeal. As with adults, most children who apply are denied SSI, and only the most severely impaired qualify for benefits. 

     Managing the eligibility process for the disability system is a challenging task, and errors will always occur in any system of this size.But the SSA makes every effort to pay benefits to the right person in the right amount at the right time. When an individual applies for one of SSA’s disability programs, the agency has extensive systems in place to ensure accurate decisions, and the agency is home to many dedicated public servants who take their ongoing responsibility of the proper stewardship of the programs very seriously. Program integrity is critically important and adequate funds must be available to make continued progress in quality assurance and monitoring. In the face of annual appropriations that were far below what the President requested in Fiscal Year 2011 and Fiscal Year 2012, the agency has still continued to implement many new system improvements that protect taxpayers and live up to Americans’ commitment to protect the most vulnerable in our society. 

     It is true that DI has grown significantly in the past 30 years.The growth that we’ve seen was predicted by actuaries as early as 1994 and is mostly the result of two factors:baby boomers entering their high -disability years, and women entering the workforce in large numbers in the 1970s and 1980s so that more are now "insured" for DI based on their own prior contributions. The increase in the number of children receiving SSI benefits in the past decade is similarly explained by larger economic factors, namely the increase in the number of poor and low-income children. More than 1 in 5 U.S. children live in poverty today and some 44 percent live in low-income households. Since SSI is a means-tested program, more poor and low-income children mean more children with disabilities are financially eligible for benefits. Importantly, the share of low-income children who receive SSI benefits has remained constant at less than four percent. 

     Yet, the series aired on NPR sensationalizes this growth, as well as the DI trust fund’s projected shortfall. History tells a less dramatic story. Since Social Security was enacted, Congress has "reallocated" payroll tax revenues across the  OASI and DI trust funds–about equally in both directions – some 11 times to account for demographic shifts. In 1994, the last time such reallocation occurred, SSA actuaries projected that similar action would next be required in 2016. They were right on target. We are deeply concerned that the series “Unfit for Work” failed to tell the whole story and perpetuated dangerous myths about the Social Security disability programs and the people helped by this vital system. We fear that listeners may come away with an incorrect impression of the program — as opposed to an understanding of the program actually based on facts. 

     As former Commissioners of the agency, we could not sit on the sidelines and witness this one perspective on the disability programs threaten to pull the rug out from under millions of people with severe disabilities. Drastic changes to these programs would lead to drastic consequences for some of America's most vulnerable people. With the lives of so many vulnerable people at stake, it is vital that future reporting on the DI and SSI programs look at all parts of this important issue and take a balanced, careful look at how to preserve and strengthen these vital parts of our nation’s Social Security system. 

Sincerely, 

Kenneth S. Apfel 

Michael J. Astrue 

Jo Anne B. Barnhart 

Shirley S. Chater 

Herbert R. Doggette 

Louis D. Enoff 

Larry G. Massanari 

Lawrence H. Thompson

Drama vs. Moral Perspective - Response to This American Life's Report on SSA Disability

On March 23, 2013,   This American Life broadcast a show about the disabled. It was an unfortunate endeavor, full of errors and did little to examine the program. The focus was more sensationalism and less responsible reporting. We offered the following response to the reporter and producer. Comments to This American Life may be sent to web@thislife.org.

Our comments are included below. We received a response thanking us for taking the time to write in and expressing sorrow that we were disappointed with the show.


Dear Ms. Joffe-Walt and Mr. Glass, 

As a long time listener and admirer of This American Life, I was extremely disappointed with your recent show, Trends with Benefits.  Having worked for SSA 23 years and then starting a solo practice as a claimant representative for disability clients for an additional 9 years, I have been on both sides of the program. I participated in President Clinton's Welfare reform, by contributing in policy groups. As a claimant representative, I have represented clients in 35 states at initial levels and through Administrate Law Judge hearings and Appeals council reviews. Like the overwhelming numbers of fellow representatives, I have never “sued” the government and found your treatment a sensational approach, from the outset title to the, hey wanna know a secret? introduction.  Equally puzzling that Ms. Chana Joffe-Walt spent 6 months “researching” the problem without mentioning such basics as the payroll contributions workers make (i.e., pay) for SSDI  disability insurance should they encounter a disability in addition to the SSI program. Since Congress holds hearings on disability, virtually monthly, real research would have disclosed the whole program is under constant scrutiny. People get cancer, develop Alzheimer’s, break ankles, and yes rupture multiple discs in their backs after toiling 30 years in construction jobs. Hardly the common back pain you inferred. I won’t even go into Ms. Joffe-Walt’s   query about what jobs remain for people “without hands.”

Rather than a balanced review, which is long overdue and would have been the high ground, the show focused on outliers -a small town in remote area, or a singing representatives or advocates who make millions of dollars. Advocate fees by the way are overwhelmingly paid for by the disabled individual - not “by the government” – and are limited to 25 percent of back due benefits with a limit of $6000, only if they win the case.  Nor was the fact that representatives pay “user fees” that is the right to have SSA send their fees directly if they obtain benefits for claimants. Most representatives do not sing jingles or wear cowboy hats. In addition, advocates are encouraged to include pro bono work. In my small firm, during the last 10 years I have maintained at least 10  percent pro bono case load because  disability includes everyone from chronic schizophrenics without housing  to CEOs who  paralyzed from a stroke, spend down their savings, lose their homes and have a great deal of difficulty finding help when they apply for benefits. In fact, the majority of people who lose homes do so after working and becoming disabled, thus unable to pay their mortgage and then ending up on the street with health declining. 

Fraud in SSA (one of the largest programs in the world) has always been comparatively low and has been studied excessively for the last 30 plus years. Additionally while SSA does make over payments, they also underpaid millions of dollars of benefits in 2012 alone .  This is due in part to the fact that the agency has had a diminished budget, is losing employees, and faced with increased workloads. How is that for a lead story? These are only a few of the observations I would offer.

Media Matters within a day of your broadcast came out with additional accurate, reality based factual retorts to the glossy statistic speed sheets that you both gasped about on the air.  Now you have backtracked on your Planet Monday site with multiple corrections. Then, on March 29, 2013, Ms. Joffe-Walt back tracked on NPR and leaned into advocacy and away from her sensationalism. A less than altruistic shift, but a start. Since the show prides itself on the accuracy of your reporting and in this show the charming love of numbers; perhaps you can spend another 6 months and contribute to reporting real answers to valid questions.

A hard look at the program could clearly improve efforts to get people back to work. However, most individuals who are eventually allowed and draw their 13 K a year are so ill they either die or cling to the meager existence left.  Of course, some disabled individuals could return to work, but that takes programs and the willingness to provide real rehabilitation with support as the beneficiary tries to return to work. That also means money from taxpayers and more programs. Having done this for 32 years, I can safely say most who come to me have done everything they can to keep the dignity that comes from working. 

Your question about what we do with this economy and those who are disabled is an important one. Too important for a skewed perspective composed in large part of  blatant  and erroneous exceptions (mom keeps kid home to “pull” 700 dollars, doctor who “makes” the disability decision )- omitting the DDSs – state agency examiners who make decisions and the extremely complex medical  and vocational criteria required to review claims and appeals, the Administrative Law Judges who make decisions, SSA’s oversight of attorneys and non-attorneys who are required to complete comprehensive testing and continuing education if they wish to practice and review direct pay etc. etc. Reporting on the disabled may increase your ratings at the expense of the most vulnerable amongst us. Indeed, WSJ and FOX diatribes about the “dramatic” growth of free loaders – inaccurate publicity, have decreased allowance rates in the last two years. One would hope the quality of TAL could accurately and substantively engage the reality that in hard times the weakest are easy to attack. They should be more than fodder for a sensational scoop.  This vast and complicated program should have the public interest. But without working for facts, you are just another drive by op- ed. The disabled and those involved in their lives deserve more. FDR’s vision for protecting the disabled remains as does the integrity of his advocacy echoed by Hubert Humphrey. Mr. Humphrey stated that the moral test of government is how that government treats those who are in the dawn of life, the children; those who are in the twilight of life, the elderly; and those who are in the shadows of life, the sick, the needy, and the handicapped. If This American Life wishes to report on the disabled, I respectfully suggest you keep such moral perspective and an accurate grasp of real facts in mind when you break your next dramatic story. 

The most significant legal appeal in nearly 2,500 years...

Judge Richard A. Posner  who has heard many an SSA appeal on the US 7th Judicial circuit, written extensively on multiple topics – including SSA disability - faces off with former U.S. Attorney Pat Fitzgerald and an esteemed cast tonight in Chicago Illinois. 

Together they will attempt to shed light on the age-old question: why must Athens, the birthplace of democracy, put to death a 70-year-old philosopher who exercised the fundamental right of freedom of speech? 

Yes, Socrates on trial again. You can view the line up here. 

We hope it will be eventually available in one format or another. For tonight, it is sold out.

Misleading the Nation on Social Security Disability - Exposing the Attacks and the Myths

As a member of the National Organization of Social Security Claimants Representatives (NOSSCR), I welcome today’s op-ed, entitled Distorting the Truth about Disability Insurance, which appears in the Hill’s Congressional Blog. 


Charles Martin, the current president of the NOSSCR, and Debra Shifrin the vice president, penned the article. Both are practicing representatives and, just like me happen to work with Disability Insurance claimants. I am excerpting from the article because I want to add some comments of my own. The pundits attacking the disability program have been going at it for close to a year in the Wall Street Journal and other national and local publications and websites. Moreover, there is much speculation that a "grand compromise" will be forged after the presidential election and disability beneficiaries and recipients will lose benefits. This is targeting the weakest in society. For example, the article discusses a delivery truck driver who started having back pain in his 30s, and now might be unable to sit or even move by his 60s. This is an important point for disability and retirement. The notion that the retirement age could be moved upward to 68, 70 or later basically ignores those who work all their life in manual labor, such as construction or other physically demanding jobs and do not have enough skilled job history, or develop  arthritis, cancer, cardiovascular disease and yes, mental illness before age 66. Are these folks supposed to go broke until they are 70? The article mentions the homeless and as a representative for claimants, I can attest to individuals who worked all their lives and sustained a stroke or an infection or catastrophic injury and lost everything paying for their medical costs. In the last two years, several of my clients died or committed suicide due to mental illness in claims that were protracted or denied incorrectly. Most representatives who have practiced for a while have the same experiences. SSA is not demonized in the article and justifiably so as some in Congress have succeeded in stopping SSA from hiring new employees and frozen the wages of current SSA workers. There are also threats that furloughs will be in place next year for many SSA components. Furloughs simply move the work inefficiently to the future and end up forcing over time and delayed claim processing. The work does not disappear because SSA employees are advised they cannot return to their jobs for weeks or months. Furloughs are penny wise and pound-foolish. Currently SSA workloads are so high that many on line employees are taxed beyond their ability to adequately provide the multitude of services SSA is charged with handling. Finally, to those who say that it is easy to lie your way on to the disability rolls and just want a hand out, I say there is no basis in reality for such comments. As someone who has worked with SSA Disability claims for over 30 years and continues to represent claimants, I know how stringent the requirements are for disability and how minimal fraud is in this agency. The facts discussed in this piece, support my opinion. 


With those comments as a preface, here are some excerpts; 

This week is the 56th anniversary of the creation of disability benefits for the most vulnerable members of our society, but this achievement isn't being celebrated by everyone…... some pundits have hyped the coincidence that [in June 2012 ]more people began collecting Social Security Disability Insurance than there were jobs created in the United States. They do this to create the impression the economy is weak and the government is giving away free money. Yes, government reports show that the economy created 80,000 jobs in June, while 85,000 workers enrolled in the Social Security Disability Insurance program. But comparing these figures is extremely misleading. Disability beneficiary numbers are rising due to factors that were set in motion many years ago. First, “Baby Boomers”— Americans born post World War II, between 1946 and 1964 - are reaching the age where injury, illness, or disease more frequently knocks them out of the workforce. As Boomers’ ages increase, so do their medical problems. For example: a delivery truck driver who started having back pain in his 30s, might be unable to sit or even move by his 60s. This leaves him unable to work and therefore eligible for (Social Security Disability benefits). 

Another major factor is that there are more women in the workforce now than ever before, and thus more women are qualified for disability benefits. In 1970, less than 40 percent of women were insured for disability; in 2010, that number was almost 70 percent. And just like men, women too suffer from debilitating health conditions that keep them from being able to hold down a job. Steve Goss, the chief actuary of the Social Security Administration testified about these trends before the United States Congress just a few months ago. Even though this information is publicly available, nearly every article pretending that there is a link between June's job numbers and disability claims ignores the facts. 

A member of Congress recently stated that disability benefits constitute, “a form of slavery.” The Op- Ed notes this is misguided and disrespectful.

....disability benefits protect the most vulnerable members of our society, who have no other options.

As Claimant Representatives, many people come to us for help to collect Disability Insurance. The Op- Ed notes when they arrive they have a mailing address. 

But by the time the daunting claims process is completed, which in 2012 averaged 111 days, many of these folks are living in homeless shelters or worse. Disability claimants are not living large on the government dole. In fact, most claim disability benefits only when everything else they try fails to provide the minimal support disability benefits offer. 

Folks applying for disability in my experience would rather be healthy and working as productive members of society. And to collect Social Security disability insurance benefits claimants had to be employed for years. For SSI the same very tight standard to meet medical disability applies.

The fact is, these folks want to work, and it is just not possible for them. We understand this is a political season and that politics will infect every debate in Washington – including those regarding programs like disability insurance. But the facts must be known. Disability benefits have been growing due to an aging population and changing workforce demographics. While we support finding tools to eliminate waste, fraud and abuse in SSDI -- which accounts for less than one percent of spending -- we all must insist that Washington do the right thing and protect our most vulnerable members of society. It is wrong to use them as pawns in a political drama by promulgating misleading facts about people with disabilities. 

We will keep the facts coming. For more SSA disability information, visit the NOSSCR  website. 

Another Congressional Hearing- Focused for the Disabled?

The House Social Security Subcommittee has scheduled a Hearing for January 24th, 2012 on how to minimize "improper payments and protect taxpayers’ dollars from waste, fraud, and abuse."

While the Social Security Subcommittee must provide oversight, we wonder at times - just how accurate is the focus of such hearings?

In announcing the hearing, Social Security Subcommittee Chairman Sam Johnson (R-TX) said, “Waste, fraud, and abuse in the disability insurance program cheat honest, hardworking American taxpayers. As we work to secure the future of this program, we need to protect the American taxpayer from con artists who are stealing from the system by making sure benefits are paid only to those who deserve them.”

SSA notes that between fiscal years 2006 – 2010 the agency paid approximately $530.5 billion to disability insurance program beneficiaries.

$5.5 billion (1.0%) was estimated to have been overpaid.

$2.3 billion (0.4%) was estimated to have been underpaid.

Rarely mentioned in these planned hearings, is the amount of money wage earners who become disabled are underpaid. While less than half the amount of overpaid funds; $2.3 billion is not chump change, especially if you are disabled and did not receive an accurate payment. If Representative Johnson is so interested in "protecting the American taxpayer from con artists who are stealing from the system by making sure benefits are paid only to those who deserve them,” perhaps his hearing should also focus (or at least mention) those deserving disabled taxpayers who were underpaid over 2 billion in the last 4 years.

We doubt any real discussion of underpayment will occur.Focusing on one aspect of the problem while ignoring the other seems misguided at best. Taxpayers who become disabled want accurate oversight just as much as those who are not disabled. The buzzwords of improper overpayments will be front and center at the hearing and accountability is of course necessary. However real oversight involves perspective and focus.And increasing reviews of improper payments involves skilled staff. If Congress wants to save money by targeting aspects of the Disability program, cutting SSA's budget as proposed, will not increase the staffing needed for oversight of improper payments or lack thereof.

Social Security Administration - Prescription for Real Chaos

Proposed budget will cut close to a billion dollars from the SSA budget and release thousands of employees.


From today’s Federal Times (Copyright © 2011 Gannett Government Media Corporation), comes a succinct assessment of the chaos that close to a billion dollar budget cuts and loss of four thousand employees will have on the Social Security Administration staff and Americans who turn to SSA for retirement, health care and disability benefits. The article, entitled Social Security Administration struggles with budget cuts written by Andy Medici and posted on June 7, 2011; begins seven months ago, with Commissioner Astrue, shovel in hand, discussing the agency’s plans to deal with increased claims:

Social Security Administration Commissioner Michael Astrue broke ground in the small town of Jackson, Tenn., for his agency's first new call center in 10 years. The center, slated to open by the end of this year, would allow the agency to better respond to the fast-growing number of customers.

But the call center sits half-finished — a casualty of congressional budget cuts.

In April, Congress passed a 2011 budget that cut Social Security's administrative budget by almost $1 billion from the Obama administration's requested amount. The cuts not only shut down construction projects like the call center in Tennessee, but also information technology projects, hiring and investments needed to clear a backlog of disability claims.

Social Security was forced to close hundreds of direct contact stations and cancel plans to open eight new hearing centers across the country. Direct contact offices are remote locations open only a few days a week or month. Social Security Administration spokeswoman Dorothy Clarke said that by making "tough choices," the agency can avoid furloughing employees and closing down field offices entirely. "We will continue to review all aspects of our operations, including considering office consolidations, for ways to balance cost savings with our mission to serve the public," Clarke said.

At a March 9 hearing, Astrue warned lawmakers that his agency's staff is declining and that funding is "barely above the level where we have to have furloughs."

Sen. Richard Shelby, R-Ala., said in the same hearing that the Social Security Administration should have spent earlier appropriations on streamlining its claims processes and reducing administrative overhead. He said that its use of stimulus funding instead to address those expenses was a "dangerous mismanagement" of funds and that Congress should not be looking to throw money at the problem. Joe Dirago, president of the National Council of Social Security Management Associations, said he expects even more severe budget cuts next year. The Obama administration's request for 2012 is $12.5 billion, but Dirago said signs point to a budget that will come in below $11.4 billion in 2010.

He also said his organization expects Social Security will lose 3,500 employees this year through attrition and a hiring freeze. If budget cuts continue, he estimates the agency will lose another 4,000 employees in 2012.

Rep. Xavier Becerra, D-Calif., ranking member of the House Ways and Means Committee, which oversees the Social Security Administration, said the agency is "cut to the bone" and its overhead expenses amount to only 1 percent. "Administratively,you will find no business in the private sector or agency in the government sector that is more efficient than Social Security," Becerra said.

He said in the first four months of 2010, there were 246,000 disability appeals, while in the first four months of 2011, there were 294,000 — an increase of almost 20percent.

But because of budget cuts, the agency cannot open the hearing centers to help lessen the backlog, Becerra said. He said that he does not see the budget situation for Social Security improving any time soon and that Social Security may have to shutter field offices to cope with the cuts.

"It's a prescription for real chaos," Becerra said.