The American people deserve to have a federal government that is both responsive and effective. That simply isn’t the case for more than 1 million people who are awaiting the adjudication of their applications for disability benefits from the Social Security Administration.

Washington can and must do better. This gridlock harms applicants either by depriving them of much-needed support or effectively barring them from work while their cases are resolved because having any significant earnings would immediately render them ineligible. This is unacceptable.

Within the next month, the Government Accountability Office, the nonpartisan congressional watchdog, will launch a study on the issue. More policymakers should follow GAO’s lead. A solution to this problem is long overdue. Here’s how the government can do it.

Congress does not need to look far for an example of how to reduce the SSA backlog. In 2013, the Veterans Administration cut its 600,000-case backlog by 84 percent and reduced waiting times by nearly two-thirds, all within two years. It’s an impressive result.

Why have federal officials dealt aggressively and effectively with that backlog, but not the one at SSA? One obvious answer is that the American people and their representatives recognize a debt to those who served in the armed forces. Allowing veterans to languish while a sluggish bureaucracy dithers is unconscionable. Public and congressional outrage helped light a fire under the bureaucracy. Administrators improved services the old-fashioned way — more staff time. VA employees had to work at least 20 hours overtime per month.

Things are a bit more complicated at SSA, unfortunately. Roughly three quarters of applicants for disability benefits have their cases decided within about nine months and, if denied, decide not to appeal. But those whose applications are denied are legally entitled to ask for a hearing before an administrative law judge — and that is where the real bottleneck begins.

There are too few ALJs to hear the cases. Even in the best of times, maintaining an adequate cadre of ALJs is difficult because normal attrition means that SSA has to hire at least 100 ALJs a year to stay even. When unemployment increases, however, so does the number of applications for disability benefits. After exhausting unemployment benefits, people who believe they are impaired often turn to the disability programs. So, when the Great Recession hit, SSA knew it had to hire many more ALJs. It tried to do so, but SSA cannot act without the help of the Office of Personnel Management, which must provide lists of qualified candidates before agencies can hire them. SSA employs 85 percent of all ALJs and for several years has paid OPM approximately $2 million annually to administer the requisite tests and interviews to establish a register of qualified candidates. Nonetheless, OPM has persistently refused to employ legally trained people to vet ALJ candidates or to update registers. And when SSA sought to ramp up ALJ hiring to cope with the recession challenge, OPM was slow to respond.

In 2009, for example, OPM promised to supply a new register containing names of ALJ candidates. Five years passed before it actually delivered the new list of names. For a time, the number of ALJs deciding cases actually fell. The situation got so bad that the president’s January 2015 budget created a work group headed by the Office of Management and Budget and the Administrative Conference of the United States to try to break the logjam. OPM promised a list for 2015, but insisted it could not change procedures. Not trusting OPM to mend its ways, Congress in October 2015 enacted legislation that explicitly required OPM to administer a new round of tests within the succeeding six months.

These stopgap measures are inadequate to the challenge. Both applicants and taxpayers deserve prompt adjudication of the merits of claims. The million-person backlog and the two-year average waits are bad enough. Many applicants wait far longer. Meanwhile, they are strongly discouraged from working, as anything more than minimal earnings will cause their applications automatically to be denied. Throughout this waiting period, applicants have no means of self-support. Any skills applicants retain atrophy.

The shortage of ALJs is not the only problem. The quality and consistency of adjudication by some ALJs has been called into question. For example, differences in approval rates are so large that differences among applicants cannot plausibly explain them. Some ALJs have processed so many cases that they could not possibly have applied proper standards. In recognition of both problems, SSA has increased oversight and beefed up training. The numbers have improved. But large and troubling variations in workloads and approval rates persist.

For now, political polarization blocks agreement on whether and how to modify eligibility rules and improve incentives to encourage work by those able to work. But there is bipartisan agreement that dragging out the application process benefits no one. While completely eliminating hearing delays is impossible, adequate administrative funding and more, better trained hearing officers would help reduce them. Even if OPM’s past record were better than it is, OPM is now a beleaguered agency, struggling to cope with the fallout from a security breach that jeopardizes the security of the nation and the privacy of millions of current and past federal employees and federal contractors. Mending this breach and establishing new procedures will — and should — be OPM’s top priority.

That’s why, for the sake of everyone concerned, responsibility for screening candidates for administrative law judge positions should be moved, at least temporarily, to another agency, such as the Administrative Conference of the United States. Shortening the period that applicants for disability benefits now spend waiting for a final answer is an achievable goal that can and should be addressed. Our nation’s disabled and its taxpayers deserve better.

Editor's note: This piece originally appeared in Politico.

Editors’ Note: Presumptive Republican presidential nominee Donald Trump has proposed, in various forms and iterations, banning Muslims from entering the United States “until we figure out what’s going on,” in his words. Shadi Hamid responds to this proposal below, in an excerpt from a longer piece in The Atlantic in which Uri Friedman surveys various experts on the issue.

If Donald Trump is really interested in understanding the roots of anti-Americanism, there’s a solution: to read the hundreds of books and articles written on why, exactly, “Muslims” might not be particularly enthused about American policy in the Middle East (there’s little evidence to suggest that large numbers of Muslims have any particular antipathy toward Americans as people).

But it’s possible that Trump is just being imprecise. Perhaps what he really wants to say is not that Muslims “hate” Americans, but rather that they may be ambivalent about or even opposed to certain liberal values that are associated with being American. Obviously, it is impossible to generalize about an entire religious group, but polling does suggest that majorities in Arab countries like Egypt and Jordan, as well as non-Arab countries like Indonesia and Malaysia, aren’t quite classical liberals when it comes to issues like apostasy, religiously derived criminal punishments, gender equality, or the relevance of religious law in public life more generally.

If this happens to be Trump’s argument, it would be ironic, since Trump himself cannot be considered a liberal in the classical sense. In fact, he fits the definition of an “illiberal democrat” quite well, as I argued in a recent essay here in The Atlantic. That said, I have to admit that I’m concerned about anti-Muslim bigots misconstruing my own arguments around “Islamic exceptionalism”—that Islam has been and will continue to be resistant to secularization—after the attacks in Orlando. It’s undoubtedly true that large numbers of Muslims in both the West and the Middle East consider homosexual activity to be religiously unlawful, or haram, but let us be careful in drawing a link between such illiberalism (which many Christian evangelicals and Republican politicians share) and the desire to kill. That’s not the way radicalization works. We would never argue, for instance, that Senators Ted Cruz or Marco Rubio are “at risk” individuals who may, if we don’t keep a close eye on them, commit mass murder against gay Americans.

In any case, conservative Muslims, orthodox Jews, Christian evangelicals (or for that matter Trump supporters residing in Poland who want to emigrate to the U.S. if Trump wins) have the right to be “illiberal” as long as they express their illiberalism through legal, democratic means. These are rights that are protected by the American constitution, enshrined in the Bill of Rights.

Perhaps Trump is thinking specifically about violence perpetrated by Muslims, as he suggested in comments after the Orlando attacks. The interesting thing though—and something that is rarely acknowledged by U.S. politicians—is that the preponderance of Middle Eastern violence in recent decades has been perpetrated not by Islamists but by secular autocrats against Islamists, in the name of national security. These, as it happens, are the very strongmen that Trump seems to have such a soft spot for.

Ultimately, Trump cannot, through the force of arms or his genuinely frightening anti-Muslim rhetoric, compel the many conservative Muslims in the Middle East to be something they’re not, or would rather not be. To suggest that Muslims need to be secular or irreligious (by Trump’s own arbitrary standards) is dangerous. The message there is one that ISIS would find appealing for its own divisive purposes: that an increasingly populist and bigoted West has no interest in respecting or accommodating Islam’s role in public life, even when expressed legally and peacefully. The sad fact of the matter, though, is simple enough: Trump has less respect for the American constitution than the vast majority of American Muslims, many of whom, like me, are the children of immigrants. In Trump’s America, it so happens, my parents would have been banned from ever entering in the first place.

Editor’s Note: This blog post is one in a series of posts in which guest bloggers respond to the Brookings paper, “The potential and limitations of impact bonds: Lessons from the first five years of experience worldwide.”

Social impact bonds (SIBs) are one of a number of new “Payment by Results” financing mechanisms available for social services. In a SIB, private investors provide upfront capital for a social service, and government pays investors based on the outcomes of the service. If the intervention does not achieve outcomes, the government does not pay investors at all. The provision of upfront capital differentiates SIBs from other Payment by Results contracts.

Development Impact Bonds (DIBs) are a variation of SIBs, where the outcome funder is a third party, such as a foundation or development assistance agency, rather than the government. To date, 47 SIBs and one DIB have been implemented in the sectors of social welfare (21), employment (17), criminal recidivism (4), education (4), and health (2).

In a recent Brookings study, drawing from interviews with stakeholders in each of the 38 SIBs contracted as of March 1, 2015, we evaluate 10 common claims of the impact bond literature to date, so far made up of published thought-pieces and interview-based reports.

Figure 1. Common claims about Social Impact Bonds

Source:  The Potential and Limitations of Impact Bonds: Lessons Learned from the First Five Years of Experience Worldwide, Brookings Institution, 2015.

Of the 10 common claims about impact bonds, we found five areas where the SIB mechanism had a demonstrable positive effect on service provision:

1. Focus on outcomes. We found a significant shift in the focus of both government and service providers when it came to contracting and providing social services. Outcomes became the primary consideration in these contracts in which the repayment of the investment depended on achievement of those outcomes. Given that outcomes are the pivotal and defining piece of a SIB contract, it is unsurprising that many of those interviewed in the course of our research emphasized their importance, though we did find that this represented a more significant transformation in culture than expected.
2. Build a culture of monitoring and evaluation. The outcome-based contract necessitates the collection of data on outcomes, which helps build a culture of monitoring and evaluation in provider organizations and government. We found that the SIB is beginning to help solve longstanding problems in systemic data collection in multiple instances. In turn, government evaluation of outcomes and obligation to pay only for successful outcomes provides transparency and value for taxpayers. However, it is too soon to tell whether the monitoring and evaluation systems will remain in place after the SIB contracts conclude.
3. Drive performance management. The involvement of the investors and intermediaries in management of the service performance is a key component of SIBs. These private sector organizations often have stronger background in performance management and bring a valuable perspective to the social service sector. However, on average we find limited evidence that the service providers in SIBs to date have been able to significantly adjust their programs mid-contract in the case of poor outcomes, despite SIB proponents claiming this is one of the mechanism’s greatest merits.
4. Foster collaboration. In addition to collaboration between the for-profit, nonprofit, and government sectors, we also find evidence of gridlock-breaking collaboration across government agencies, levels of government, and political parties due to SIB contracts. This was noted to be one of the most important aspects of SIBs but also one of the most challenging.
5. Invest in prevention. External, upfront capital for services allows government to invest in preventive programs that greatly reduce spending in the future, such as early childhood development programs that reduce remedial education, crime, and unemployment. We found that all but one of the 38 SIBs were issued for preventive programs. Going forward, SIBs will not necessarily need to be tied to cash savings for government, but could simply be used as a method to finance programs that achieve desired social outcomes. 

Where do SIBs currently fall short?

For the five remaining claims about SIBs, we found less evidence of impact.

1.  Achieve scale. Of the 38 impact bonds contracted as of March 1, 2015, 25 served less than 1,000 beneficiaries. The largest impact bond, the SIB to reduce criminal recidivism at Rikers Island Prison in New York City, aimed to reach up to 10,000 individuals, but was terminated a year early this July because it did not meet target outcomes. The smallest SIB supports 22 homeless children and their mothers in the city of Saskatoon in Canada. These numbers are nowhere near the scale of the toughest problems facing the globe, where, for example, 59 million children are out of school. However, since March of 2015, two larger SIBs have been contracted, which may be an indication of increasing confidence in the mechanism. The Ways to Wellness SIB in the U.K. aims to improve long-term health conditions of over 11,000 beneficiaries and the first DIB launched plans to improve enrollment and learning outcomes of nearly 20,000 schoolchildren in Rajasthan, India. Further, the impact bond fund model used in the U.K. for 21 SIBs—where teams of service providers, intermediaries, and investors bid for SIB contracts based on a rate card of maximum payments per outcome government is willing to make—could be used to reach greater scale by contracting multiple SIBs at once. The largest of the impact bond funds, the Innovation Fund, reaches over 16,000 beneficiaries across 10 SIBs.
2. Foster innovation in delivery, and 
3. Reduce risk for government. SIBs vary in the degree of innovation and risk to investors—SIBs based on more innovative programs pose a greater risk to investors and may have higher investment protection or greater potential returns to balance the risk. In our study we found that very few of the programs financed by SIBs were truly innovative in that they had never been tested before, but that many were innovative in that they applied interventions in new settings or in new combinations. The literature claims that SIBs reduce the risk to government of funding an innovative service (government pays nothing if outcomes aren’t achieved), but as of March of this year it did not seem that the programs were particularly risky. The SIB in Rikers Island Prison was one of the most innovative and risky, and the early termination of the deal was an important demonstration of the reduction in risk for government. The New York City Department of Correction did not pay anything in this case; instead the investor and foundation backing the investment paid for the program.
4. Crowd-in private funding. Our research also shows mixed evidence on the power of impact bonds to crowd-in private funding, the fourth claim with unclear results. The literature up until now has claimed that impact bonds crowd-in private funding for social services by increasing the amount of money from traditional funding sources and bringing in new money from nontraditional sources. There is some evidence that traditional service funders, such as foundations, are increasing their contributions because of the opportunity to earn back what would otherwise have been a donation. Many of the current investors in impact bonds, Goldman Sachs for example, are indeed new actors in the space and their increased awareness of social service provision may be a benefit in and of itself. However, if a program is successful, government ultimately pays for the program. In this case, investors are solving a liquidity problem for government by providing upfront capital and not actually providing new money. Nonetheless, there is some evidence that paying only for proven outcomes has motivated the public sector to spend more on social services and that the external upfront capital has allowed government to shift spending from curative to preventive programs. Further, most programs thus far have been designed such that savings to the public sector are greater than payments to investors, resulting in a net increase in available public sector funds.
5. Sustain impact. Finally, five years since the first impact bond, we have yet to see whether impact bonds will lead to sustained impact on the lives of beneficiaries beyond the impact bond contract duration. The existing literature states that impact bonds could lead to sustained impact by demonstrating to government that a sector or intervention type is worth funding or by improving the quality of programs by instilling a culture of outcome achievement, monitoring, and evaluation. However, the success of impact bonds depends on whether new efforts to streamline the contract development stage come to fruition and whether incentives for all parties are closely scrutinized.

The optimal financing mechanism for a social service will differ across issue area and local context, and we look forward to conducting more research in the field on the suitable characteristics for each tool.

The American people deserve to have a federal government that is both responsive and effective. That simply isn’t the case for more than 1 million people who are awaiting the adjudication of their applications for disability benefits from the Social Security Administration.

Washington can and must do better. This gridlock harms applicants either by depriving them of much-needed support or effectively barring them from work while their cases are resolved because having any significant earnings would immediately render them ineligible. This is unacceptable.

Within the next month, the Government Accountability Office, the nonpartisan congressional watchdog, will launch a study on the issue. More policymakers should follow GAO’s lead. A solution to this problem is long overdue. Here’s how the government can do it.

Congress does not need to look far for an example of how to reduce the SSA backlog. In 2013, the Veterans Administration cut its 600,000-case backlog by 84 percent and reduced waiting times by nearly two-thirds, all within two years. It’s an impressive result.

Why have federal officials dealt aggressively and effectively with that backlog, but not the one at SSA? One obvious answer is that the American people and their representatives recognize a debt to those who served in the armed forces. Allowing veterans to languish while a sluggish bureaucracy dithers is unconscionable. Public and congressional outrage helped light a fire under the bureaucracy. Administrators improved services the old-fashioned way — more staff time. VA employees had to work at least 20 hours overtime per month.

Things are a bit more complicated at SSA, unfortunately. Roughly three quarters of applicants for disability benefits have their cases decided within about nine months and, if denied, decide not to appeal. But those whose applications are denied are legally entitled to ask for a hearing before an administrative law judge — and that is where the real bottleneck begins.

There are too few ALJs to hear the cases. Even in the best of times, maintaining an adequate cadre of ALJs is difficult because normal attrition means that SSA has to hire at least 100 ALJs a year to stay even. When unemployment increases, however, so does the number of applications for disability benefits. After exhausting unemployment benefits, people who believe they are impaired often turn to the disability programs. So, when the Great Recession hit, SSA knew it had to hire many more ALJs. It tried to do so, but SSA cannot act without the help of the Office of Personnel Management, which must provide lists of qualified candidates before agencies can hire them. SSA employs 85 percent of all ALJs and for several years has paid OPM approximately $2 million annually to administer the requisite tests and interviews to establish a register of qualified candidates. Nonetheless, OPM has persistently refused to employ legally trained people to vet ALJ candidates or to update registers. And when SSA sought to ramp up ALJ hiring to cope with the recession challenge, OPM was slow to respond.

In 2009, for example, OPM promised to supply a new register containing names of ALJ candidates. Five years passed before it actually delivered the new list of names. For a time, the number of ALJs deciding cases actually fell. The situation got so bad that the president’s January 2015 budget created a work group headed by the Office of Management and Budget and the Administrative Conference of the United States to try to break the logjam. OPM promised a list for 2015, but insisted it could not change procedures. Not trusting OPM to mend its ways, Congress in October 2015 enacted legislation that explicitly required OPM to administer a new round of tests within the succeeding six months.

These stopgap measures are inadequate to the challenge. Both applicants and taxpayers deserve prompt adjudication of the merits of claims. The million-person backlog and the two-year average waits are bad enough. Many applicants wait far longer. Meanwhile, they are strongly discouraged from working, as anything more than minimal earnings will cause their applications automatically to be denied. Throughout this waiting period, applicants have no means of self-support. Any skills applicants retain atrophy.

The shortage of ALJs is not the only problem. The quality and consistency of adjudication by some ALJs has been called into question. For example, differences in approval rates are so large that differences among applicants cannot plausibly explain them. Some ALJs have processed so many cases that they could not possibly have applied proper standards. In recognition of both problems, SSA has increased oversight and beefed up training. The numbers have improved. But large and troubling variations in workloads and approval rates persist.

For now, political polarization blocks agreement on whether and how to modify eligibility rules and improve incentives to encourage work by those able to work. But there is bipartisan agreement that dragging out the application process benefits no one. While completely eliminating hearing delays is impossible, adequate administrative funding and more, better trained hearing officers would help reduce them. Even if OPM’s past record were better than it is, OPM is now a beleaguered agency, struggling to cope with the fallout from a security breach that jeopardizes the security of the nation and the privacy of millions of current and past federal employees and federal contractors. Mending this breach and establishing new procedures will — and should — be OPM’s top priority.

That’s why, for the sake of everyone concerned, responsibility for screening candidates for administrative law judge positions should be moved, at least temporarily, to another agency, such as the Administrative Conference of the United States. Shortening the period that applicants for disability benefits now spend waiting for a final answer is an achievable goal that can and should be addressed. Our nation’s disabled and its taxpayers deserve better.

Editor's note: This piece originally appeared in Politico.

As the United States and Cuba rebuild formal relations, certain challenging topics remain to be addressed. Among these are outstanding U.S. property claims in Cuba. In this report, Richard E. Feinberg argues that it is in both countries’ interests to tackle this thorny issue expeditiously, and that the trauma of property seizures in the twentieth century could be transformed into an economic opportunity now.

The report looks closely at the nearly 6,000 certified U.S. claims, disaggregating them by corporate and individual, large and small. To settle the U.S. claims, Feinberg suggests a hybrid formula, whereby smaller claimants receive financial compensation while larger corporate claimants can select an “opt-out” option whereby they pursue their claims directly with Cuban authorities, perhaps facilitated by an umbrella bilateral claims resolution committee. In this scenario, the larger corporate claimants (which account for nearly $1.7 billion of the $1.9 billion in total U.S. claims, excluding interest) could select from a menu of business development rights, including vouchers applicable to tax liabilities or equity investments, and preferred acquisition rights. Participating U.S. firms could also agree to inject additional capital and modern technology, to ensure benefits to the Cuban economy.

Though it is often argued that Cuba is too poor to pay some $2 billion of claims, the paper finds that Cuba can in fact manage payments if they are stretched out over a reasonable period of time and exclude interest. The paper also suggests a number of mechanisms whereby the Cuban government could secure funds to pay compensation, including revenues on normalization-related activities.

The Cuban government does not dispute the principle of compensation for properties nationalized in the public interest; the two governments agree on this. Cuba also asserts a set of counter-claim that allege damages from the embargo and other punitive actions against it. But a grand bargain with claims settlement as the centerpiece would require important changes in U.S. sanctions laws and regulations that restrict U.S. investments in Cuba. The United States could also offer to work with Cuba and other creditors to renegotiate Cuba’s outstanding official and commercial debts, taking into account Cuba’s capacity to pay, and allow Cuba to enter the international financial institutions.

Feinberg ultimately argues that both nations should make claims resolution the centerpiece of a grand bargain that would advance the resolution of a number of other remaining points of tension between the two nations. This paves the way for Cuba to embrace an ambitious-forward-looking development strategy and for real, notable progress in normalizing relations with the United States.

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