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SSDI: Commissioner Astrue Asks Inspector General to Investigate California and H

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Commissioner Astrue Asks Inspector General to Investigate California and Hawaii

Disability Determination Services

http://www.socialsecurity.gov/pressoffice/pr/dds-letter-pr.htm

J. Astrue, Commissioner of Social Security, today asked the agency's

Inspector General to investigate allegations that the states of California and

Hawaii have recently implemented practices that deny applicants the right to

receive full consideration of their Social Security disability claims.

In a memo to P. O'Carroll, Inspector General, Social Security

Administration, Commissioner Astrue writes, " As you know, Gov. Schwarzenegger

has insisted on furloughing California Disability Determination Service (DDS)

employees, despite the fact that we fully fund both their salaries and overhead.

According to Congressman Filner, the State is attempting to find ways to

improperly circumvent the effects of the furlough at the expense of some of the

State residents who are in the greatest need. "

At a hearing before the House Ways and Means Subcommittee on Social Security

yesterday, Congressman Filner (D-CA) testified that the California DDS is

denying the claims of disability applicants who fail to return a 25-page report

within 20 days – a practice which has been adopted since the institution of

furloughs. He reported that one office had closed 30 percent of its cases due

to the applicants' failure to return the completed form within 20 days. In

addition, he testified the California DDS may be manipulating its service

numbers by assigning claims to fictional examiners or supervisors. According to

the Congressman, this scheme would allow the DDS to hide the fact these cases

are not actually being reviewed.

" I am concerned about the State of Hawaii DDS, which is furloughing its DDS

employees for as many days as California, and which has made statements about

new business efficiencies that closely track statements made by California

officials, " Commissioner Astrue writes to the Inspector General. " Accordingly,

I ask that you also review that agency to ensure they are also fully adhering to

all SSA rules and policies. "

The text of Commissioner's Astrue's memo is below:

At yesterday's hearing before the House Ways and Means Subcommittee on Social

Security, I testified about some disturbing practices the State of California

has instituted that aggravate, rather than help, in response to its budgetary

situation. As you know, Gov. Schwarzenegger has insisted on furloughing

California Disability Determination Service (DDS) employees, despite the fact

that we fully fund both their salaries and overhead. According to Congressman

Filner, the State is attempting to find ways to improperly circumvent the

effects of the furlough at the expense of some of the State residents who are in

the greatest need.

Congressman Filner indicated that since the furloughs began, the California DDS

has begun denying the claims of those disability applicants who fail to return a

25-page report within 20 days. This practice, if true, places applicants in an

untenable position because the substantial amount of information required must

often be gathered from third parties. If an applicant fails to return complete

information within the time set by the State, the DDS deems the applicant to

have failed to cooperate and closes the file, thereby depriving that applicant

of fair and full consideration.

I am also greatly concerned by Congressman Filner's report that the California

DDS may be manipulating its service numbers by " staging " claims, assigning them

to fictional examiners or supervisors, rather than to actual examiners.

According to Congressman Filner, this practice would allow the DDS to claim that

the cases have been assigned, rather than indicate that they are still in queue,

thus minimizing the effects of the furlough.

If true, these practices are, of course, very disturbing. Therefore, I am

asking you to undertake a full review of the practices of the California DDS to

determine the scope and breadth of any inappropriate practices.

I am also concerned about the State of Hawaii, which is furloughing its DDS

employees for as many days as California, and which has made statements about

new business efficiencies that closely track statements made by California

officials. Accordingly, I ask that you also review that agency to ensure they

are fully adhering to all SSA rules and policies.

Thank you for your assistance.

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