Showing posts with label social security. Show all posts
Showing posts with label social security. Show all posts

Friday, February 1, 2019

SocialSecurity Defrauds Another Widow(er)

Richter

7:20 PM (0 minutes ago)


to L.

Social Security Defrauds Yet Another Widow(er) -This Could Be You!

A bunch of American dollars in denominations of 100 dollars notes rolled up and held together with a simple rubber band with two stack of american dollars in denominations of 100 dollars isolated on a white background.Getty
Social Security just defrauded Seattle-based William Shimeall of tens of thousands of dollars in widower benefits based on a decision by Social Security's Administrative Law Judge Glenn G. Myers.
Bill's story is instructive. It teaches us a lesson we all should already know - You can't trust anything the Social Security staff tells you. Nor can you rely on them to keep you from doing something that can only lower, potentially dramatically, your future benefits.
It also teaches us a new lesson. Social Security's self-appointed "judges" aren't, apparently, sworn to uphold justice. Instead, they appear sworn to uphold Social Security's patently fraudulent decisions no matter the size of the swindle.
Here are the facts. Judge for yourself.
Bill Shimeall turned full retirement age on August 3, 2015. Around that time much was written, including by me and my co-authors in our book, Get What's Yours - the Secrets to Maxing Out Your Social Security, about the file and suspend option which let eligible disabled children and spouses collect child and spousal benefits without forcing the primary earner to file before age 70 and accept permanently reduced benefits.

Some high-earning spouses were also able to use this mechanism to collect spousal benefits while waiting to collect their own highest retirement benefit. People in the Obama Administration decided, with no hearings or actual evidence, that this was, on balance, a boondoggle for the rich. So in November 2015, the Democrats in the House let House Republicans rewrite the law and hide the changes inside the Bipartisan Budget Act of 2015.
I saw a draft of the bill on a Sunday. The vote was scheduled for later that week. The next morning I posted a Forbes column pointing out that the new Social Security provisions would mean benefit cuts in six months for lots of people. Within a few hours of the appearance of the column, there were two highly complex amendments passed by Congress that included grandfathering clauses, some of which still pertain to millions of people, by the way.

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In any case, the new law with its complex amendments went into effect in November 2017. Then Social Security's headquarters sent misleading instructions to staff all around the country about the new  provisions. Through December, January and February of 2016, I kept getting emails from people saying they had read my columns, which said X, but that Social Security staff were saying not X. I started writing these mistakes up on a weekly basis hoping someone at Social Security was monitoring my columns and would fix things. Sure enough, in February 2016, senior staff at Social Security set up a conference call with me. During the call, I explained what the new law actually said and how it differed from what had been stated in the instructions. Within hours of the call, new instructions were issued. But the damage had been done. People continued to be misadvised by Social Security staff for months all over the country.
Bill appears to have been one of them. He went into his local Lynnwood Social Security office, located near Seattle, Washington, in early April 2016 to discuss filing and suspending his retirement benefit so his ailing wife could start collecting a spousal benefit while waiting for her disability benefit to be approved. Bill was under the impression that by going into the office and calling Social Security before the April 29, 2016 deadline he would be viewed as having met the deadline and be given more time to complete the paperwork. April 29th was the deadline for people who were grandfathered to file and suspend and have others collect benefits on their work records. We can still file and suspend. What we can't do, if we filed and suspended after April 29, 2016, is let others collect benefits on our records while our own retirement benefit is in suspension.
Bill spoke with several different people at the Lynwood Office that day and in the ensuing weeks. Each told him something different. In any case, in early May, Bill, thinking he was grandfathered because he had gone into the Lynwood Office to discuss filing and suspending before April 29th, proceeded to file and suspend.
Thereafter, Bill had lots of confusing back and fourths with the folks at the Lynwood office to find out why his wife's spousal benefits hadn't started. But by October, his wife had been granted disability benefits, so he stopped worrying about getting her spousal benefits.
In June 2017, Bill's wife died. Bill then applied for his widower's benefit believing a) he would receive his full widower's benefit of $944 a month and b) that he could wait until 70 to collect his own age-70 retirement benefit. Instead of receiving the $944, Bill was awarded $18 per month in widower's benefits. Why? Because he had filed for his retirement benefit back in May 2016. It didn't matter that his benefit was in suspension. Nor did it matter that his filing for and suspending his retirement benefit could never have helped his wife get spousal benefits under the new law.
No, Bill had filed for his retirement benefit, so Social Security treated him as if he were actually collecting his retirement benefit and since his retirement benefit exceeded his widowers benefit he was to receive the difference, if positive, between his widower and retirement benefit. I.e., he was to receive zero. The fact that Social Security decided he was owed $18 per month was another mistake.
Bill appealed the decision saying he had been mislead by Social Security when he filed and suspended. He hadn't been told that doing so could wipe out his potential widower benefit. Given his wife's physical condition, potentially losing his widower's benefit was a real possibility. But no one at the Lynnwood office told him this in either April or May. Indeed, in early May, before filing, he contacted a top Seattle financial planner, Julie Price, who warned him that he might endanger his potential widower benefit if he filed and suspended and that he should come see her. Bill didn't want to spend the money on outside advice, so went with what the Lynnwood staff were saying and weren't saying.
What the staff should have told Bill was, It's past the April 29, 2016 deadline. You and your wife have absolutely NOTHING to gain by your filing and suspending and potentially some $40,000 to LOSE in widowers benefits if she passes in the near term.
But the staff didn't tell Bill any of this. Instead they sat back and helped him shoot himself in the head by filing and suspending, whose sole impact, they knew or should have known, would only serve to eliminate his widower's benefit were his wife to die before he reached 70.
"Judge" Myers looked at the evidence and decided that Bill had, in fact, been warned about a possible widower's benefit issue by, get this, Julie Price and should have followed Julie's advice, not what the Lynnwood staff Social Security were and weren't saying. I.e., Bill, according to the "judge," should have followed the advice not of the Social Security professionals, but of a financial advisor whom Bill didn't know.
Based on Bill's "mistake" in relying on Social Security, he, not Social Security was at fault and he must suffer the consequences. This was the 'judge's" ruling.
The injustice here is staggering. Just think about this. Due to the Lynnwood's office's clear mistake (It should have refused to process Bill's request unless he signed a paper stating that filing could only hurt him financially.), the Judge Myers not only defrauded Bill. He also defrauded Bill's wife. She worked her entire life, paid Social Security taxes her entire life, only to have those taxes be confiscated by incompetent bureaucrats and a judge who seems not to understand the requirements of the word justice.
Bill is not alone in being defrauded by the Social Security system. Social Security's Inspector General's Report of (https://oig.ssa.gov/sites/default/files/audit/full/pdf/A-09-18-50559.pdf) of February 14, 2018 documents the routine failure of Social Security staff to provide proper guidance to actual, let alone near-term prospective widow(er)s).
I wrote about this report last year. And I wrote about the problem of Social Security's defrauding widow(er)s back in 2015 based on a courageous Social Security whistle blower's inside account. Social Security has the ability to go back and determine how much money they stole from people by letting them make filing decisions or making those filing decisions for them when such decisions could only work to their detriment. Once that determination is made, Social Security should provide restitution of such stolen benefits to participants or their survivors.
But back to Bill and "Judge" Myers. Any decent Social Security judge would conclude that if the staff assists someone in filing a claim that can only lower their benefits in the future and can never raise them, under any circumstance, that the staff has clearly made an error, to put it mildly. In this case, the judge should withdrawal the filing even if it's beyond the 12-month withdraw deadline, of which Bill was also not informed.
Judge Myers, it's time to reverse your decision and stand up for the millions of widows and widowers who have been terribly defrauded by Social Security staff, either knowingly or accidentally, over the years via staff-assisted or unilateral staff decisions that served only to financially injure actual or prospective widow(er)s.
Follow me @kotlikoff To safely raise your living standard and assess your investment risk, check out MaxiFi and my company. Pls pose Social Security questions at Ask Larry.
I am a professor of economics at Boston University, a Fellow of the American Academy, a Research Associate of the NBER, and President of Economic Security Planning, Inc. -- a company that markets personal financial planning tools at maxifi.com, maximizemysocialsecurity.com,...

After Reconsidering The Reconsideration Step, SSA Added It Again To The 5-Step Process

Changes in Social Security disability application process affect Louisianans

 Administration has recently implemented changes to their Social Security Disability Income application process, including the reinstatement of the reconsideration step in the claim application process in five states, with Louisiana among them.
The SSA removed the reconsideration step from the claim application process in ten states in 1999, and is adding it back now as part of an effort to save money. Some filing for disability may benefit from reconsideration, but others will see longer delays in claim processing.
“What people basically need to know is that starting January 1, Louisiana applicants see a new step in the process of filing for SSDI,” said Mike Stein, assistant vice president of Operations Strategy and Planning with Allsup, an organization that helps claim applicants navigate the process.
Reconsideration takes places after an initial application has been denied, which happens in two out of every three claims. For the 13 percent of people who get accepted after reconsideration, this step saves them time and saves the government money. The other 87 percent of applicants will continue to the appeal process, so reconsideration effectively adds three to six months processing time to their claim,” Stein said.
Part of FICA taxes workers pay each year funds SSDI benefits, as sort of a long term insurance program for workers who become injured beyond their ability to continue working.
“There are a lot of myths and misconceptions about the program,” Stein said. “People think it’s easy to get on and the government just gives away money, but it’s actually a very stringent program. It’s only open to people who have paid in through their taxes and have been injured in a serious and long term way. So, most of our clients are people who have been dealt some of the worst hands anyone can be dealt, from a medical standpoint.”
After a worker is injured and files a claim with the SSA, an initial determination is made after four to six months, with about 34 percent of claims approved on average. For nearly twenty years, Louisiana claimants moved from an initial rejection into an appeal process, held before a judge, with wait times that currently average around 450 days. Rejected claims filed after January 1 will now move into the reconsideration phase prior to an appeal process.
“Back in the late 90s, the SSA looked at the reality that only 13 percent of applications were accepted following reconsideration and decided to see if they could save money, or speed things up, by eliminating that step,” Stein said. “The Trump Administration now says it has research indicating it could result in a net savings to keep reconsideration.”
SSDI appeal hearings are expensive, requiring judges, vocational and medical experts and travel budgets.
“The Trump Administration says that 13 percent less appeal hearings could save money,” Stein said. “For the people who see their application granted during reconsideration, this will also save time. The vast majority of people will see additional time and paperwork as part of their SSDI claim process.”
There has been some controversy surrounding the introduction of the SSA’s new policy. During a congressional meeting of the House Ways and Means Committee last summer, several members objected to the reinstatement of the reconciliation process, and acting SSA commissioner Nancy Berryhill signed a letter along with eleven members of Congress arguing that “there is little evidence to show that reconsideration is a meaningful step in the disability appeals process.”
Despite some resistance to recent changes, the Trump Administration has nominated a new commissioner to head the agency – Andrew Saul and plans to move forward.
“They have a roll out schedule in place and we can expect to see more changes in April and October, and well as early next year. These changes can make an already complex situation more confusing, and we just encourage people to hire someone knowledgeable to try and shorten what will already be a long time without income after an injury,” Stein said.
28th January 2019 
 
By Meghan Holmes
Contributing Writer
The Social Security

Friday, January 11, 2019

No Cap On Amount Of Fees Social Security Attorneys May Charge Clients

Opinion analysis: Social Security cap on attorney’s fees applies separately to successful representation before a court

According to a unanimous opinion released today, Social Security law does not impose an aggregate cap of 25 percent on attorney’s fees for successful representation of a Social Security disability claimant before both the Social Security Administration and a court. Instead, a 25 percent cap applies separately to representation before the court. This is a win for attorney Richard Culbertson, who represented a disability claimant both before the Social Security Administration and in court. He may now collect separate attorney’s fees for his successful representation before the court.
The case turned on the meaning of “such representation” in 42 U.S.C. § 406(b), which provides in relevant part:
Whenever a court renders a judgment favorable to a claimant under [Title II of the Social Security Act] who was represented before the court by an attorney, the court may determine and allow as part of its judgment a reasonable fee for such representation, not in excess of 25 percent of the total of the past-due benefits to which the claimant is entitled by reason of such judgment.
The opinion, written by Justice Clarence Thomas, first applied a plain-meaning approach. The court quoted the Concise Oxford Dictionary of Current English for the definition of “such”: “[o]f the kind or degree already described or implied,” and declared that “the only form of representation ‘already described’ in § 406(b) is ‘represent[ation] before the court by an attorney.’” Based on this statutory language, the court announced that “the 25% cap applies only to fees for representation before the court, not the agency.”

Although the court began its analysis by quoting an earlier opinion: “We begi[n] with the language of the statute itself, and that is also where the inquiry should end, for the statute’s language is plain,” the court did not end the inquiry with the dictionary definition of “such.” Instead, it also considered other provisions of the statute and found that the structure of the statute and its other provisions were consistent with its interpretation of the statute.
The court noted that two different provisions, 42 U.S.C. § 406(a) and 42 U.S.C. § 406(b), address different stages of representation and calculate fees differently. Section 406(b) applies to court representation and imposes a flat 25 percent cap on fees for court representation. Section 406(a) applies to representation before the agency and provides two methods for determining fees for agency representation. One method, Section 406(a)(2), applies to fee agreements and caps fees at the lesser of 25 percent of past-due benefits or $6,000. The second method, Section 406(a)(1), applies when there is no fee agreement and authorizes the agency to set any fee, including a fee that exceeds 25 percent of past-due benefits, as long as the fee is “reasonable.”
The Supreme Court concluded that it would make little sense to apply the Section 406(b) court-stage cap to agency-stage Section 406(a) fees or the aggregate of Sections 406(a) and 406(b) fees. First, because many claimants never litigate in court, it would be incongruous to impose a 25 percent cap on agency fees based on a statutory provision regulating representation before a court. Second, applying the 406(b) cap to agency representation without a fee agreement would impose a limitation that Congress did not include in the relevant statutory provision. According to the court, “[i]f Congress had wanted these fees to be capped at 25%, it presumably would have said so directly in subsection (a), instead of providing for a ‘reasonable fee’ in that subsection [§ 406(a)(1)] and adding a 25% cap in § 406(b) without even referencing subsection (a).”
The court then turned to amicus Amy Weil’s argument that, when the statute is read as a whole, it is evident that Congress intended to place a cumulative 25 percent cap on attorney’s fees. The court acknowledged that Weil was correct in noting that the Social Security Administration only withholds a single pool of 25 percent of past-due benefits from which to pay fees for both agency and court representation. The court, however, noted that the single pool was the result of agency policy and the statute itself authorizes two pools of money for direct payment of fees. More importantly, according to the court, “the amount of past-due benefits that the agency can withhold for direct payment does not delimit the amount of fees that can be approved for representation before the agency or the court.” Until 1968, the Social Security Act allowed fees for successful representation before the agency but did not provide for direct payment from past-due benefits. In addition, under current “§§ 406(a)(1) and (4), the agency can award a ‘reasonable fee’ that exceeds the 25% of past-due benefits it can withhold for direct payment.”
The outcome is not surprising in light of the clear text of the statute and the fact that neither party defended the judgment below. Although Weil “ably discharged her assigned responsibilities” as amicus, and “despite the force of [her] arguments,” the court ruled against her as it does in 75 percent of cases with court-appointed amici curiae.

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Saturday, April 14, 2018

Another NY Cop, Fireman, Bouncer, Muscleman Arrested For Stealing Social Security Disability Benefits


Scott Maraio, 53, was arrested and charged with theft of government funds, making false statements in connection with Social Security disability benefits.
In 2002, at age 37 Maraio claimed he could no longer work as a firefighter, suffering neck and back injuries. He stopped working for the FDNY, began receiving Social Security disability payments.
"I cannot stand or walk for more than a few minutes at a time. I cannot lift or carry more than five pounds," Maraio said in a 2002.
But from 2008 to 2018, he collected more than $364,000 in SS benefits while simultaneously earning over $450,000 as a bouncer, fire safety manager and fireguard.
A Staten Island man who was a cop and firefighter was caught side-gigging as a bouncer at a strip club and television actor while collecting hundreds of thousands on disability, authorities allege.
Scott Maraio, 53, was arrested Wednesday and charged with theft of government funds, making false statements and making false statements in connection with Social Security disability benefits, prosecutors said.
In 2002, a then 37-year-old Maraio claimed he could no longer work as a firefighter after suffering neck and back injuries while on the job. He stopped working for the FDNY, and then began receiving Social Security disability payments, said the complaint filed in Manhattan federal court.
"I cannot stand or walk for more than a few minutes at a time. I cannot lift or carry more than five pounds," Maraio said in a 2002 disability report, according to the court filing.
But from October 2008 to February 2018, the feds allege the defendant collected more than $364,000 in benefits for himself, his wife and children while simultaneously earning approximately $450,000 as a bouncer, fire safety manager and fireguard.
Maraio, who was a police officer for one year, allegedly did not report the extra income and arranged for the payments to be made to third-party companies, including one owned by his wife called Blondie Consultants.
He did report making about $2,000 working as an extra on television shows from 2007 to 2009, said the complaint.
While a security guard at the strip club from 2008 to 2014, he was in good shape, often on his feet and worked 8 p.m. to 4 a.m. shifts, the filing said. His duties included crowd control and checking patrons' identification.
The complaint claims the ex-cop made $110,000 as a security guard at the strip club, and earned around $11,000 in tips from "Beaver Bucks" -- the club's internal form of currency -- he redeemed for cash.
Beginning in 2012, he was working as an independent fire-related contactor at various constriction sites, including Madison Square Garden and Build it Back after Hurricane Sandy, said the complaint. His duties were to prevent fire issues and serving as a fireguard at various events.
Then, last February, Maraio was allegedly caught working full-time as a safety and loss control consultant at a department store construction site in Brooklyn.
Maraio, who public records indicate lives in Great Kills, faces a maximum of 20 years in prison.
Two other defendants, former NYPD detective Kenneth Rubero and ex-officer Gerard Scparta, were charged in separate disability fraud schemes.
From about 1997 up to 2017, Scparta received approximately $638,000 in disability benefits for himself, his wife, and his children, during which time he earned approximately $1.6 million from his work at a strip club, the feds allege.
From about 2008 up to this February, Rubero received a total of approximately $396,000 in disability benefits for himself and his child, during which time Rubero had earned a total of over approximately $720,000 from his work with Baychester and Secure Logistics, authorities said.
"As alleged, these three defendants, all former law enforcement officers, told lie after lie to obtain a total of over one million dollars in disability benefits through fraud," said Manhattan U.S. Attorney Geoffrey S. Berman. "In doing so, they allegedly took money from truly disabled individuals who are dependent on this important source of public support.  Scparta and Maraio also allegedly concealed their employment and income from the Social Security Administration by hiding behind corporate entities purportedly owned by their wives."

Sunday, March 25, 2018

Benefit, Welfare, Entitlement, Annuity, or Retirement, Just What Is Social Security?

shared Liz DeVolder's post.
Liz DeVolder
EVERY ONE SHOULD HAVE THE OPPORTUNITY TO READ THIS.
THE ONLY THING WRONG WITH THE
GOVERNMENT'S CALCULATION OF AVAILABLE SOCIAL SECURITY IS THEY FORGOT TO FIGURE IN THE PEOPLE WHO DIED BEFORE THEY EVER COLLECTED A SOCIAL SECURITY CHECK!!!
WHERE DID THAT MONEY GO?
Remember, not only did you and I contribute to Social Security but your employer did, too. It totaled 15% of your income before taxes.
If you averaged only $30K over your working life, that's close to$220,500.
Read that again.
Did you see where the Government paid in one single penny?
We are talking about the money you and your employer put in a Government bank to ensure you and me that we would have a retirement check from the money we put in, not the Government.
Now they are calling the money we put in an entitlement when we reach the age to take it back.
If you calculate the future invested value of $4,500 per year (yours & your employer's contribution) at a simple 5% interest (less than what the Government pays on the money that it borrows).
After 49 years of working you'd have$892,919.98.
If you took out only 3% per year, you'd receive $26,787.60 per year and it would last better than 30 years (until you're 95 if you retire at age 65) and that's with no interest paid on that final amount on deposit!
If you bought an annuity and it paid 4% per year, you'd have a lifetime income of $2,976.40 per month.
THE FOLKS IN WASHINGTON HAVE PULLED OFF A BIGGER PONZI SCHEME THAN BERNIE MADOFF EVER DID.
Entitlement my foot; I paid cash for my social security insurance!
Just because they borrowed the money for another government spending, doesn't make my benefits some kind of charity or handout!!
Remember the benefits for members of Congress?
+ free healthcare,
+ outrageous retirement packages,
+ 67 paid holidays,
+ three weeks paid vacation,
+ unlimited paid sick days.
Now that's welfare, and they have the nerve to call my social security retirement payments entitlements?
They call Social Security and Medicare an entitlement even though most of us have been paying for it all our working lives, and now, when it's time for us to collect, the government is running out of money.
Why did the government borrow from it in the first place? It was supposed to be in a locked box, not part of the general fund.
Sad isn't it?

Thursday, November 23, 2017

Meet The New ACTING Commissioner of the SSA

 The Social Security Administration has not had an Senate-confirmed Commissioner since Michael Astrue, nominated by President George W. Bush, left the post in 2013. President Obama failed to appoint a replacement after his first nominee encountered trouble in the Senate. In April, President Trump announced his intent to nominate Andrew Saul, a New York businessman who serves on the MTA Board. That nomination is awaiting confirmation.

The White House announced President Trump’s plans to nominate Andrew Saul as Commissioner of the Social Security Administration. If confirmed, he would serve the remainder of the six-year term that expires Jan. 19, 2019, and the following six-year term that expires Jan. 19, 2025. Trump also announced David Black of North Dakota as his nomination for SSA Deputy Commissioner for the remainder of the six-year term that expires Jan. 19, 2019.
The SSA has been without a Senate-confirmed commissioner since Feb. 13, 2013, when Michael Astrue stepped down. The lack of a commissioner was the topic of a House Ways and Means Social Security Subcommittee hearing held March 7, “Lacking a Leader: Challenges Facing the SSA After Over 5 Years of Acting Commissioners.”
According to the release, Saul is a partner with Saul Partners, LP, and previously held roles in public service as chairman of the Federal Retirement Thrift Investment Board and vice chairman of the Metropolitan Transportation Authority (MTA). Currently, he is a commissioner for Westchester County, New York.
Saul held other business roles as board chairman for Cache Inc., president of Brooks Fashion Stores Inc., and president of BR Investors. Additional community involvement includes serving as vice chairman of the Mt. Sinai Health System in New York City, vice chairman of the Icahn School of Medicine at Mt. Sinai, and as trustee for the Metropolitan Museum of Art in New York and National Gallery of Art in Washington, D.C. Saul graduated from the Wharton School of Finance at the University of Pennsylvania in 1968, at the same time as President Trump, and serves on its board of overseers.
Black currently serves as White House senior advisor at the SSA. He served as general counsel from October 2007 to July 2015, according to the release. His background includes serving as deputy assistant secretary at the U.S. Department of Education’s Office for Civil Rights, and as lieutenant colonel in the U.S. Army Reserve. He was deployed to Afghanistan and Iraq during the Global War on Terrorism and earned a Bronze Star. He has a J.D. from the University of Minnesota and B.A. in political science from the University of North Dakota.
Once the nominations are formalized, they will go to the Senate to be considered for confirmation.
On January 23, 2017, Nancy A. Berryhill became the Acting Commissioner of Social Security, with responsibility for overseeing one of the nation’s largest and most important domestic programs. (When will SSA get a real Commissioner? President Obama appointed only Acting Commissioners.)




 With a $12 billion budget and almost 64,000 employees serving in more than 1,500 offices across the country and around the world, plus 16,000 State employees making disability determinations, the Social Security Administration issues more than $960 billion in payments to nearly 66 million people each year.
Previously, Ms. Berryhill served as the Deputy Commissioner for Operations, Social Security’s largest component, where she successfully implemented many expanded service delivery options for the public. Prior to that position, Ms. Berryhill served two years as the agency’s Regional Commissioner for the Chicago Region and five years as Regional Commissioner for the Denver Region. In Denver, she developed numerous innovative, mission-focused initiatives such as video service delivery, use of webinar technology, and the creation of the first American Indian outreach guide.
Ms. Berryhill began her Social Security career as a GS-2 student employee. In her 40 years at the agency, she has held many frontline positions, including Claims Clerk, Service Representative, Claims Representative, Operations Supervisor, District Manager, and Area Director for the State of Illinois.
Ms. Berryhill has received numerous agency awards, including the Commissioner’s Citation, the agency’s highest recognition. In 2010, she received the Presidential Rank Award of Meritorious Executive, and in 2015, she received the Presidential Rank Award of Distinguished Executive, the highest honor awarded career executives in the Federal Government. Her work and achievements consistently demonstrate professional excellence, exceptional leadership, integrity, and commitment to public service.
A native of Chicago, Illinois, Ms. Berryhill obtained her degree in Computer Science at the Control Data Institute in Chicago. She is a graduate of the Kennedy School of Government at Harvard University.

PREVIOUS ACTING COMMISSIONER:


Meet The New Acting Commissioner Of THe Social Security Administration, Carolyn Colvin.


On February 14, 2013, Carolyn W. Colvin became the Acting Commissioner of Social Security.  Prior to this designation, she served as the Deputy Commissioner, having been confirmed by the United States Senate on December 22, 2010 as President Obama’s nominee.  In addition to her role as the Acting Commissioner of Social Security, Ms. Colvin serves as a Trustee to the Social Security Board of Trustees.

Throughout her career, Ms. Colvin has managed programs that help people with their healthcare and financial needs.  She previously held key executive positions at Social Security Headquarters: Deputy Commissioner for Policy and External Affairs (1994–1996), Deputy Commissioner for Programs and Policy (1996–1998), and Deputy Commissioner for Operations (1998–2001).

Prior to returning to SSA, Ms. Colvin was the Director of Human Services for the District of Columbia (2001-2003); the Director of the Montgomery County Department of Health and Human Services (2003-2007); the Chief Executive Officer of AMERIGROUP Community Care of the District of Columbia (2007–2008); and, the Special Assistant to the Secretary of Maryland’s Department of Transportation (2009-2011).  In addition, Ms. Colvin served as the Secretary of Maryland’s Department of Human Resources (1989-1994).

Ms. Colvin has received numerous awards and recognition for her managerial expertise and creativity, including Maryland’s Top 100 Women Award from the Daily Record (2005) and the Women of Achievement Award from Suburban Maryland Business and Professional Women (2005).  She has served on a variety of boards and commissions, including the National Committee to Preserve Social Security and Medicare.

Ms. Colvin earned her graduate and undergraduate degrees in business administration from Morgan State University.  Additionally, she completed the Senior Executives in State and Local Government Program at Harvard University, the Maryland Leadership Program, and the Greater Baltimore Leadership Program. Ms. Colvin is from Maryland and currently resides in Anne Arundel County.  She has one son and six grandchildren.
 https://judgelondonsteverson.me/2013/01/14/who-will-president-obama-select-to-be-the-new-commissioner-of-the-social-security-administration/


Who Will President Obama Select To Be The New Commissioner Of The Social Security Administration?


Michael Astrue
Michael J. Astrue was sworn in as Commissioner of the Social Security Administration (SSA) on February 12, 2007 for a six-year term that expires on January 19, 2013. President Barack Obama is expected to soon nominate a new Commissioner of the Social Security Administration. Astrue was appointed by President George W. Bush. The White House is silent about who will take the helm at SSA.  The SSA faces voluminous backlogs and claimants may have to wait up to 5 years just to get a hearing before an Administrative Law Judge (ALJ). Some extreme cases have taken more than 10 years from the date of filing a claim to get a final decision on whether they are entitled to disability retirement benefits.
Social Security Commissioner Michael J. Astrue’s six-year term expires January 19, 2013. His successor must be confirmed by the Senate, in a process that Sen. Ben Cardin, a Maryland Democrat, expects will take a couple of months from the hearings to a vote.
Michael Astrue was still Commissioner of Social Security on 25 January. His term ran out on January 19 but the Social Security Act says he can stay in his job until a successor is confirmed. He hasn’t resigned so he’s still Commissioner. The same is true for Deputy Commissioner Carolyn Colvin. The rumor had been that Astrue did not intend to stay on after his term ended.  So far, he’s proving that rumor wrong. Astrue does seem to be clearing items off his desk. Take a look at what he just sent over to the Office of Management and Budget. I wonder if he’s planning to send over his version of new mental impairment listings before leaving.
The SSA has more than 11,000 employees at its headquarters in Woodlawn, Maryland. It provides benefits to retirees, disabled Americans and the children of deceased workers. The SSA paid more than $778,000,000,000 (that is billion) in benefits to 56 million people. The SSA’s budget rivals that of the Department Of Defense.
Carolyn Colvin is Astrue’s Deputy, but she is not considered to be a serious contender to replace him. She was confirmed by the Senate two years ago. Her term also expires January 19, 2013. She is a former secretary of the state Department of Human Resources and served as special assistant to Maryland’s Secretary of Transportation.
One possibility that comes to mind is that there will never be an announcement of an Obama nominee for Commissioner of Social Security. Astrue will leave the job in the near future and Carolyn Colvin will become the Acting Commissioner for the rest of Obama’s term as President. Colvin as Acting Commissioner, unlike Astrue and unlike a nominated and confirmed Commissioner of Social Security, would be serving at the President’s will. If Colvin displeased the President, she could be removed from the job by Obama nominating and the Senate confirming a Commissioner. I think it is more than possible that the President has had his fill of an independent Social Security Commissioner and wants someone who is truly on his team. I have no inside information. This is just my speculation. Of course, this can’t happen if Astrue keeps hanging around.
(BIOGRAPHY of Catolyn Colvin)
QUOTE: On February 14, 2013, Carolyn W. Colvin became the Acting Commissioner of Social Security.  Prior to this designation, she served as the Deputy Commissioner, having been confirmed by the United States Senate on December 22, 2010 as President Obama’s nominee.  In addition to her role as the Acting Commissioner of Social Security, Ms. Colvin serves as a Trustee to the Social Security Board of Trustees.
Throughout her career, Ms. Colvin has managed programs that help people with their healthcare and financial needs.  She previously held key executive positions at Social Security Headquarters: Deputy Commissioner for Policy and External Affairs (1994–1996), Deputy Commissioner for Programs and Policy (1996–1998), and Deputy Commissioner for Operations (1998–2001).
Prior to returning to SSA, Ms. Colvin was the Director of Human Services for the District of Columbia (2001-2003); the Director of the Montgomery County Department of Health and Human Services (2003-2007); the Chief Executive Officer of AMERIGROUP Community Care of the District of Columbia (2007–2008); and, the Special Assistant to the Secretary of Maryland’s Department of Transportation (2009-2011).  In addition, Ms. Colvin served as the Secretary of Maryland’s Department of Human Resources (1989-1994).
Ms. Colvin has received numerous awards and recognition for her managerial expertise and creativity, including Maryland’s Top 100 Women Award from the Daily Record (2005) and the Women of Achievement Award from Suburban Maryland Business and Professional Women (2005).  She has served on a variety of boards and commissions, including the National Committee to Preserve Social Security and Medicare.
Ms. Colvin earned her graduate and undergraduate degrees in business administration from Morgan State University.  Additionally, she completed the Senior Executives in State and Local Government Program at Harvard University, the Maryland Leadership Program, and the Greater Baltimore Leadership Program. Ms. Colvin is from Maryland and currently resides in Anne Arundel County.  She has one son and six grandchildren. UNQUOTE.
Nancy Altman, who helps lead two Social Security advocacy groups, has emerged as a potential contender. She has been endorsed by the AFL-CIO and the Association of Administrative Law Judges (AALJ), a network of 1,400 ALJs who decide disability insurance claims. The endorsement of the AALJ is the kiss of death; so, she cannot really be considered a serious contender for the job.
Nevertheless, Judge Randall Frye, president of the AALJ, has  said the AALJ is backing Ms. Altman for Commissioner because of her expertise.
For her part, Ms. Altman has said “My goal would be to restore confidence in the agency and to let the workforce know how appreciative I am and the American people are for the work that is being done.”
One of the major challenges the next commissioner will confront is building administrative support to decrease the long backlogs in the disability insurance program. This is something that Commissioner Astrue was not able to accomplish despite all of the ALJs he was allowed to place on the federal pay roll and the increase in budget that he was granted. The new Commissioner will also be challenged to improve the quality of service that SSA employees are reputed to provide to the public.  Case workers and administrative staff members at SSA are notorious for their abrupt manners and surly attitudes resulting in a low level of public service. The Agency will be challenged to provide a higher level of service.
Senator Ben Cardin, a Maryland Democrat, was noted to remark that “This is an opportunity at the Social Security Administration to really take it to the next level, and it’s important to make sure it has the resources it needs”.

James Robinson Jr.
My choice for the next Commissioner is something of a dark horse. He is James Roosevelt Jr. He is a Health Care Insurance man and considering the controversy surrounding the implementation of ObamaCare, he would be a natural choice for President Obama for his 2nd term.
President Obama’s reelection lifted much of the cloud that hung over the health care industry in Massachusetts, where caregivers and insurers anticipated a push to repeal the national health care overhaul if Mitt Romney had become president. But Romney was not elected.
“This outcome provides an opportunity for greater cooperation and less contention,” said James Roosevelt Jr., chief executive of Tufts Health Plan.
But health care organizations are still seeking clarity on many features of ObamaCare, also known as the Affordable Care Act, many of which have not yet taken effect. The federal overhaul includes regulations requiring insurers to invest in new technology and funds for expanding Medicaid and revamping Medicare payments as the states press forward with their own efforts to rein in costs and build more integrated health care networks.
Obama’s victory “removes a layer of uncertainty for health plans, providers, and employers,” said Andrew Dreyfus, chief executive of Blue Cross Blue Shield of Massachusetts, the state’s largest health insurer.
In 2012 James Robinson Jr wrote an op-ed with Robert L. Reynolds, a Republican and CEO of Putnam Investments,  where he advocates raising the Social Security retirement age at a brisker pace and cutting back the growth of benefits with a different Consumer Price Index (CPI).
Robinson wrote “.. we should accelerate the rise in Social Security’s full-benefit retirement age from age 67 to 68 by 2030 and then index the full benefit age for future generations to gains in longevity. Life expectancy past age 65 has risen nearly 50 percent since 1940, when Social Security first began regular monthly payments. That said, we should improve disability options for those engaged in physically demanding jobs. No one expects coal miners or telephone line crews to work into their late 60s.”
He went further to say “On the benefits side, we should change the way we calculate the cost-of-living adjustment for all beneficiaries, by utilizing a revised Consumer Price Index which most economists agree more accurately reflects the rate of inflation for the expenses most seniors incur. Such a change would curb the rate of increase in benefits for future generations of retirees […]”
Considering President Obama’s attitude and behavior with respect to the “Fiscal Cliff” negotiations I am betting he will select James Robinson Jr to be the next Commissioner of the Social Security Administration.
This just in from former Democratic Senator Bill Bradley of New Jersey.
The press and public have understandably focused in recent weeks on high-profile appointments such as the secretaries of state, defense and treasury as President Barack Obama builds his second-term team. They also should pay close attention to the search for a man or woman to serve as commissioner of the Social Security Administration — a post central to the national welfare and, with a six-year term, an appointment that will continue into the next presidency.
The Social Security Administration, headquartered just outside Baltimore in Woodlawn, touches the lives and pocketbooks of nearly every American. With this cornerstone of our social compact under demographic pressure and political threat, the president’s choice for a successor is vitally important.
Washington is a land of partisan extremes these days, a place where compromise is an orphan and dealmakers are a rare sight. Inevitably, Social Security will again be a political football as Congress attempts to manage America’s fiscal challenges. As a veteran of more than a few policy debates and political fights — some of which didn’t end the way I’d have liked — I want suggest what I think are key job requirements for the new commissioner:
•The nominee should bring substantial managerial experience. The Social Security Administration has roughly 62,000 employees. The agency processes payments of $4.5 billion to 6 million recipients every month. It needs a strong CEO capable of running a large and complex organization that does high-stakes work.
•The nominee should bring considerable policy expertise. For more than 20 years, actuaries have battled, often very publicly, over the viability of Social Security’s funding mechanism. It would be profoundly foolish today to ignore the demographic challenges the retirement of baby boomers will pose to the system. The remedy should not be a Band-Aid, but structural reform for the long haul.
The next commissioner, unlike some predecessors, should bring to the job a detailed historical knowledge of Social Security — of decisions that have made the system stronger and of others that have weakened it.
•Diplomatic skills will be essential. The commissioner of Social Security will need to deal not only with criticism from his or her natural political opponents but also with substantial pressure from natural allies. A commissioner perceived as a zealot or out of touch with the private sector will have a hard time advancing arguments for a new structure of benefits or changes to Social Security’s long term funding.
•The commissioner of Social Security needs considerable fortitude. One of the most important aspects of the job is appearing before Congress (approximately four times a year, though the frequency can shift). For at least the next two years, that will mean confronting a Republican-controlled Congress whose leadership lives in fear of tea partiers whose rhetoric would suggest they’d like to see Social Security dismantled altogether. The next commissioner of Social Security will need the strength of will and command of facts necessary to stand toe-to-toe with well-prepared congressional foes.
•Finally, the next commissioner will have to be someone passionately dedicated to the principles that underlie the Social Security system and eloquent in articulating those principles.
The vast majority of Americans want a fair system that offers dignity to the elderly while preserving economic opportunity for current and future workers. They deserve a commissioner who can ensure Social Security operates properly, provide a vision for its long-term future and lead the fight to preserve it from political critics or demographic threats.
(Bill Bradley)

Tuesday, October 17, 2017

Fugitive Atty Eric Coon Faces Life In Prison In SSA Fraud Case

Employee allegedly helped fugitive lawyer Eric Conn plot his escape for a year


 

Monday, October 16, 2017

SSA Announces 2% COLA Increase in 2018

Social Security checks to be 2% bigger in 2018.

Average monthly check will go up $27



NEW YORK  - Millions of Americans will get a boost to their Social Security checks next year.
The government announced a 2 percent increase to Social Security Benefits October 13. The bigger checks aim to help offset rising prices.
The average monthly check is estimated to increase to $1,404 in January -- a $27 increase from $1,377 a month.
Millions of Americans rely on Social Security to help make ends meet, and many have been struggling in the face of higher prices on essentials like health care, rent and food. Not all of the recipients are retired workers -- many are people with disabilities, or surviving spouses and children.
The 2 percent increase is the highest since 2012 when retirees got a 3.6 percent raise.
At the start of 2017, recipients saw an increase of just 0.3 percent.
In 2016, there was no increase. Over the summer, the Social Security trustees had projected a 2.2 percent increase in benefits.
Around 62 million Americans will receive around $955 billion in Social Security benefits this year, according to the Social Security Administration.
The annual cost of living adjustment (COLA) was introduced in 1975 and is based on increases in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). CPI-W tracks how much consumers pay for goods and services.
But some argue the increase is not enough to cover rising prices.
"For the tens of millions of families who depend on Social Security for all or most of their retirement income, this cost of living increase may not adequately cover expenses that rise faster than inflation including prescription drug, utility and housing costs," said AARP CEO Jo Ann Jenkins.
The Social Security Administration also announced the maximum amount of earnings subject to the Social Security tax will increase to $128,700 from $127,200.
 (  VASEL, KATHRYN, CNN Money, 13Oct2017)

Wednesday, September 27, 2017

Two Judges, A lawyer and A Psychchologist Walked Into A Bar (No, A Prison)



Adkins gets 25 years, $93M in fines

 A Pikeville, Kentucky, psychologist's involvement in disgraced former Attorney Eric Conn's $550 milion Social Security fraud scheme and rejection to take a plea deal will cost him 25 years behind bars and more than $93 million in fines, the U.S. Department of Justice announced September 22, 2017.
Doctor Alfred Bradley Adkins (PHd), 46, was sentenced by Lexington-based U.S. District Judge Danny C. Reeves of the Eastern District of Kentucky after a jury found him guilty of one count of conspiracy to commit mail and wire frauds, one count of mail fraud, one count of wire fraud and one count of making false statements after a June 2017 trial.
The $93 million in restitution will be paid to the Social Security Administration and other agencies. He was also ordered to forfeit $187,600 in fees.
While Adkins was the final defendant to be sentenced in the case, the book on the largest Social Security fraud case in the nation may never close with its ringleader Conn missing after he absconded from supervision prior to his own sentencing.
As part of the complex scheme, former Huntington-based SSA Administrative Law Judge David Black Daugherty would seek out pending disability cases claimants represented by Eric Conn and assign the cases to himself.
From 2004 to 2011, Conn solicited Adkins to sign medical evaluation forms his office had previously prepared, without reviewing or even evaluating claimants. He received $350 for each approval. Conn subsequently sent the forms to Daugherty, who in turn approved the claimants' requests for disability.
Their scheme obligated SSA to pay more than $550 million in lifetime benefits to claimants. Of at least 3,149 disability cases filed by Conn, more than 1,700 have been deemed fraudulent by government investigators.
Conn paid Daugherty more than $609,000 for granting benefits and nearly $200,000 to Adkins for signing the forms. For his part, Conn received more than $7 million in attorney's fees.
Conn fled from the area prior to his sentencing and was last spotted in July at a gas station and a Walmart in New Mexico, according to the FBI, citing photos from surveillance cameras.
Despite his absence, Reeves sentenced him to 12 years in federal prison, the maximum allowed for stealing from the government through fraudulent disability claims and paying bribes to a Social Security judge.
Conn was ordered to pay more than $100 million in restitution to Social Security and Medicare, along with $5.7 million to the U.S. Department of Justice. He also received a $50,000 fine.
Daugherty, 81, was sentenced last month to a four-year federal prison sentence and to repay more than $93.8 million in restitution to the government agencies
A fourth man involved, Charlie Paul Andrus, 67, who was the chief administrative law judge in the Huntington Social Security Office, admitted to retaliation against an office whistleblower, was sentenced to serve six months in prison.
A $20,000 reward is being offered to information leading to Conn's arrest. Those with information are asked to call the FBI's Louisville, Kentucky, office at 502-263-6000.



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