My life lately has been filled with sludge. Not that sticky icky thick stuff like out of a crankcase, but the time-sucking, demeaning and engineered-to-demoralize type of bureaucratic red tape stuff. I know you have been subjected to sludge, too. We all have. Cass Sunstein recently dubbed the name “sludge” for this kind of stuff.
Who is Cass Sunstein?
Cass Sunstein worked in the Office of Information and Regulatory Affairs during the Obama administration. That office, known as OIRA, was charged with reducing paperwork and burdensome processes in federal agencies, in accordance with the Paperwork Reduction Act. He wrote a book titled “Sludge What Stops Us from Getting Things Done and What to Do about it” that explains what sludge is and what has been and can be done about it.
OK, so what is sludge?
Sludge is defined by the Oxford Online Dictionary as “thick, soft, wet mud or a similar viscous mixture of liquid and solid components”. Here, we define sludge as burdensome and unnecessary activities required to get something you want, whether it is a license, to open a new business, qualify for a benefit or simply to return an unwanted gift to a store. Like the wet, sticky kind, it is easy to get mired down in sludge. Sludge is red tape, but even worse than that. It involves waiting in long lines, filling out endless forms, spending long waits on hold, navigating a complicated or dysfunctional website, and having to travel a distance for a face-to-face interview, and more.
Where does sludge happen?
Sludge can occur in federal, state and local agencies, in businesses, financial institutions, schools, hospitals, clinics, businesses and just about anywhere.
Is sludge bad?
Sludge can be demoralizing, costly, manipulative, demeaning and humiliating. It can deprive people of educational opportunity, slow economic growth decrease employment, stifle creativity and entrepreneurship, compromise rights such as the right to vote, and discriminate against certain groups. People who are poor suffer more from sludge than those who are wealthy. It can harm health. In some cases, people die because of sludge. Sludge can be intentionally designed to elicit a certain behavior, like giving up rather than returning an item because of significant paperwork, or choosing automatic billing instead of writing larger checks every month.
Is there any benefit from sludge?
There can be. Sludge, in the form of requirements can ensure that licensed professionals such as physicians and pilots have appropriate training. (I prefer my pilots to be well-trained, personally…). Sludge can give you pause to think about a situation before finalizing it, like the waiting period for a divorce (are you sure?) or asking if you mean to delete a file. Most of us are probably not too annoyed when a widow comes up asking us if we really want to delete a computer file. It’s probably saved a bunch of us!
What are some examples of sludge?
Here are some examples of sludge I have experienced recently:
- I was helping a family member with annual rent certification required by HUD. This family member is blind. Each year, rent is calculated based on income, after medical costs and other deductions are taken. We submitted the needed forms and receipts for medical costs on time. One day they dropped off the completed paperwork for a signature (Hello! Blind, remember?). There were no medical deductions taken against her income. In past years, she simply signed these papers. I found the mistake, and I had to resubmit receipts, contact several medical offices to fax their verifications, contact the management’s corporate office in another state (who never returned my calls), contact my state housing office to file a complaint, and even contact our federal congressmen to get this worked out. We were being threatened by management because the certification was late, but they finally submitted the recertification forms for signature with the exact correct amount of medical deductions taken. It took nearly 3 months.
- I applied for a federal internet credit for someone. 2 months later their phone company still wasn’t giving them the credit. When I called the phone company I was told to reapply for them and I did. Another month later, there was still no credit. Then I was told – get this – that in order to get the discount, her internet price would be increased and it would cost her MORE to get the discount than what she was already paying without it. I called the state public utilities commission and filed a complaint. A week later they called me, and had arranged for the credit. Apparently the phone company support staff did not know that the new version of the internet credit prohibited them from increasing her contracted internet price.
GEEZ! Now you can see why I am sharing this topic with you! I’m still recovering from all of this sludge!
What has the government been doing about sludge?
The Paperwork Reduction Act was enacted in 1979. It was designed to reduce the burden of paperwork on Americans, reducing sludge. Federal agencies were to look at their regulations and processes to reduce burdens on Americans. This involves looking at what information is collected and what is actually needed, and what processes are required. The Office of Management and Budget produces an annual report that quantifies the burden of federal paperwork. In 2017, this was estimated as 11.4 billion hours spent on federal paperwork – tax forms, applications, reports and more. This figure is growing. If an hour of work is valued at $27, then we are spending 307.8 billion dollars annually on our paperwork burdens, and, that’s only for federal paperwork. What about state and local governments, and businesses?
How did COVID affect sludge?
Well, in some ways, it got better. Remember that $1400 stimulus check? The government made it automatic. You were not expected to fill out paperwork to get it. Initially, it was going directly to anyone who filed an IRS return. The problem is, many people don’t. Those on Social Security often don’t, so the government decided to give them the check directly too, eliminating sludge. In another sludge-reducing move, recipients of SNAP benefits (food stamps) no longer have to make their annual reports in-person, and one can now apply for benefits online in many states. In order to limit person-to-person exposure and to limit additional burdens on citizens, lawmakers were able to reduce sludge.
So what can be done to reduce sludge?
In his book, Cass Sunstein recommends “sludge audits”. A business or government agency can look at the burden their processes impose. What information is actually needed? Do they already have that information; if so can they pre-populate forms? Are in-person applications required? Is the web site for online applications functional? What is the wait time for an appointment? Are the requirements to return an item, apply for a license or benefit, etc. reasonable? Do the requirements manipulate behavior or choices?
By doing sludge audits, businesses and governments can look at their processes and see where changes can be made.
What is another example of removing sludge?
Dr. Anthony Fauci began his storied career as head of the National Institutes of Health during the AIDS crisis in the 1980s. As people were dying without effective treatments, AIDS activists became angry about the cumbersome sludge involving the access of experimental drugs (AZT). They actually staged “die-ins” at Dr. Fauci’s office. As a result, Dr. Fauci eventually adopted a “parallel track approach” that allows patients to access experimental drugs while randomized control trials are in process. Thus, an important detrimental sludge was removed. Today a patient can ask for “compassionate use” of medication that is in clinical trials.
I am not an agency or business. What can I do to manage sludge?
- Don’t procrastinate. Putting off sludge tends to make sludge worse. When attempting to deal with sludge at the last minute, especially unfamiliar “new” sludge, you are more likely to make a mistake that can really goof things up.
- Get help with sludge. You may be able to hire someone to handle sludge for you. For example, you can hire an accountant to do your taxes. Some programs have people to help with applications and reports.
- Schedule your sludge. Set aside time every day to deal with sludge.
- Automate your sludge. You can automate payments. Use a single app to track all of your automatic payments to prevent further sludge.
- Just say no! Rebates are a place where you can refuse. While 80% of people believe they will redeem a rebate, only 31% of people actually redeem them, making the cost of purchase higher than you intended.
Sludge is a problem that affects all of us. We need to reduce the unnecessary obstacles that exist in program design by simplifying existing requirements, using simple language, having telephone and app-based help, and using automatic enrollment when possible to increase participation. A nearly sludge-free world is possible. Cass Sunstein says “Time is the most precious commodity that human beings have. Let’s find ways to give them more of it.” I, for one, second the motion.
Join me next time for suggestions for how to talk to your health care provider. Nowadays, health care providers are so (busy, burned out, distracted). How can you get your needs met while respecting their time?
How “Paperwork Sludge” Keeps Americans From Enjoying Fundamental Rights – ProMarket
Sludge: How paperwork, wait times, and confusion degrade our well-being (bigthink.com) (Thanks to my sis, Karen for sharing this video with me a few months ago).
Sludge: What Stops Us from Getting Things Done and What to Do about It – Harvard Book Store