d
June 11, 2008
(2 separate letters sent)
Dear Member of the Senate Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies:
Dear Member of the House Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies:
We urge your support for an appropriation for the Social Security Administration (SSA) for its Limitation on Administrative Expenses (LAE) of, at a minimum, the amount allowed in the Fiscal Year 2009 Budget Resolution Conference Report – $10.7 billion. This level of funding is critical to address the backlogs in initial and hearing decisions on disability claims and to carry out other critical workloads.
The Consortium for Citizens with Disabilities (CCD) is a working coalition of national organizations working together to advocate for national public policy that ensures the self-determination, independence, empowerment, integration and inclusion of the 54 million children and adults with disabilities in all aspects of society. Supplemental Security Income (SSI) and Title II disability program cash benefits, along with the related Medicaid and Medicare benefits, are the means of survival for millions of individuals with severe disabilities. They rely on SSA to promptly and fairly adjudicate their applications for disability benefits and to handle many other actions critical to their well-being including: timely payment of their monthly benefits; accurate withholding of Medicare Parts B and D premiums; and timely determinations on post-entitlement issues, e.g., overpayments, income issues, prompt recording of earnings.
As the backlog in decisions on disability claims continues to grow, people with severe disabilities have been bearing the brunt of insufficient funding for SSA’s administrative budget. Behind the numbers are individuals with disabilities whose lives have unraveled while waiting for decisions – families are torn apart; homes are lost; medical conditions deteriorate; once stable financial security crumbles; and many individuals die. Numerous recent media reports across the country have documented the suffering experienced by these individuals.
Recent testimony on behalf of the CCD Social Security Task Force before the House Ways and Means Committee1 provided many stories describing the extraordinary and unnecessary hardships endured by people with severe disabilities. The following stories are only a sampling of what is happening across the county to claimants who are forced to wait months and years for decisions on their appeals. Your own constituent services staff are likely well aware of similar situations in your Congressional district.
- A Missouri man died in the lobby of the hearing office while waiting for his hearing in April 2008. He is survived by his wife and four children. He worked for 14 years as a truck driver. He waited more than two years for a hearing date. His attorney tried to expedite the hearing date for more than six months.
- A woman in Arkansas waited more than two years for a favorable decision. During this time, she lost her home, which she shared with an abusive and alcoholic man, because she had no money and no other place to live. She now moves around, including staying with her parents.
- A North Carolina man died while waiting for a hearing, 16 months after filing his appeal. During the wait, he developed a spot on his lung but could not afford a CT scan for an accurate diagnosis. He lost his house to foreclosure and had to move in with his daughter. His claim was finally approved, 6 months after his death.
- A former landscaper in Connecticut has liver failure. While waiting two years for a hearing, he became homeless and at times lived in his car in the middle of winter. He was hospitalized after his hearing but, because he was homeless, the hospital had no place where he could be discharged.
- A Chicago, IL man died destitute from kidney failure. His condition worsened after he filed his hearing request. He did not have a permanent residence while waiting for a hearing and stayed with his sister for part of the time. His attorney tried to expedite the decision for more than six months. A hearing was finally scheduled sixteen months after the appeal was filed, but he died before the hearing date.
- A Florida woman waited more than two years for a hearing, but died before she received benefits. She had been shot 5 times in the liver and abdomen by her husband. Because she had no money, she was forced to live with her mother, a chain-smoker, which compromised her health and led to multiple hospitalizations.
- A Georgia woman who worked her entire life was in jeopardy of losing her house, where she had lived for many years, after falling behind on the payments. She died waiting for a decision, caused in part by anxiety over her home that worsened her heart problems.
In addition to the delays, access to other key services, such as answering telephone calls, replacing a lost check, and promptly recording earnings, also has diminished. Despite dramatically increased workloads, staffing levels throughout the agency are at the lowest level since 1972. SSA also has been forced to reduce the number of continuing disability reviews (CDRs) and SSI redeterminations. The processing of CDRs is necessary to protect program integrity and avert improper payments. CDRs result in $10 of program savings for each $1 spent in administrative costs for the reviews. The number of CDRs is directly related to whether SSA receives the funds needed to conduct these reviews. The inability to fully process these workloads is exacerbated by staffing shortages throughout the agency.
We believe that the main reason for the increase in the disability claims backlogs is that SSA has not received adequate funds to provide its mandated services. Recent Congressional efforts to provide SSA with adequate funding for its administrative budget are encouraging. The Fiscal Year 2008 appropriation for SSA’s Limitation on Administrative Expenses (LAE) was $9,746,953,000. This amount was $148 million above the President’s request and was the first time in years that the agency has received at least the President’s request.
While the FY 2008 appropriation allows the agency to hire some new staff and to reduce processing times, it will not be adequate to fully restore the agency’s ability to carry out its mandated services. Between FY 2000 and 2007, Congress appropriated less than both the Commissioner of Social Security and the President requested, resulting in a total administrative budget shortfall of more than $4 billion. The dramatic increase in the disability claims backlog coincides with this period of under-funding the agency, leaving people with severe disabilities to wait years to receive the benefits to which they are entitled. While the current situation is dire, without adequate appropriations to fund SSA, the situation will deteriorate even more. To rectify the situation, SSA must be provided with adequate administrative funding.
Recommendation. SSA must be given enough funding to make disability decisions in a timely manner and to carry out other critical workloads. Due to the serious consequences of persistent under-funding of SSA’s administrative expenses, we strongly recommend that SSA receive, at a minimum, the full amount allowed by the Fiscal Year 2009 Budget Resolution Conference Report – $10.7 billion. While we believe that SSA needs at least $11 billion for its Limitation on Administrative Expenses, we believe that the amount provided in the Budget Resolution is the minimum necessary for SSA.
On behalf of people with severe disabilities who have been bearing the brunt of SSA’s disability decision backlog crisis, we urge you to provide SSA with adequate funding to eliminate the disability claims backlog and to carry out its other mandated workloads.
Sincerely,
Marty Ford
The Arc and United Cerebral Palsy Disability Policy Collaboration
Peggy Hathaway
United Spinal Association
Susan Prokop
Paralyzed Veterans of America
Paul Seifert
Council of State Administrators of Vocational Rehabilitation
Ethel Zelenske
National Organization of Social Security Claimants’ Representatives
Co-Chairs, CCD Social Security Task Force
ON BEHALF OF:
American Association of People with Disabilities
Association of University Centers on Disabilities
Bazelon Center for Mental Health Law
Council of State Administrators of Vocational Rehabilitation
Epilepsy Foundation
Goodwill Industries International, Inc.
National Alliance on Mental Illness
National Association of Disability Representatives
National Disability Rights Network
National Multiple Sclerosis Society
National Organization of Social Security Claimants’ Representatives
NISH
Paralyzed Veterans of America
The American Association on Intellectual and Developmental Disabilities
The American Network of Community Options and Resources
The Arc of the United States
Title II Community AIDS National Network
United Cerebral Palsy
United Spinal Association
1 Testimony of Marty Ford, Co-Chair, CCD Social Security Task Force, Hearing before the House Ways and Means Committee on “Clearing the Disability Backlog – Giving the Social Security Administration the Resources It Needs to Provide the Benefits Workers Have Earned,” April 23, 2008. Ms. Ford's testimony is available.
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