Feb 6, 2009

Why Astrue's Dispute With AFGE Matters

I have heard the comment that since Astrue is Commissioner until 2013, he is free to engage in a public snit with the American Federation of Government Employees (AFGE), a labor union that represents most of Social Security's workforce and a major power in the Democratic party, with little fear of consequences.

Social Security's "independence" is illusory. Let me detail a few of the ways that the Legislative branch and other parts of the Executive branch can impact this Social Security Commissioner.
  • Congress holds hearings. No one likes getting beaten up at a Congressional hearing. There is not much you can do about it if a Congressional committee does decide to beat up on you.
  • Congress can investigate the Social Security Administration. Is Social Security simon pure? Of course not. It is far too big to not have some skeletons in the closet.
  • Social Security needs the cooperation of Congress to resolve budgetary and legislative matters.
  • Congress can pass laws that redefine the role of the Social Security Commissioner, taking away some of his powers or requiring him to report to a board. In the worst case for Astrue, he could be reorganized right out of a job, by putting Social Security back in the Department of Health and Human Services or making it a cabinet level department.
  • The President is going to appoint a new Deputy Commissioner of Social Security. Do you think that Astrue will get any say on this appointment?
  • The role of the Deputy Commissioner of Social Security is not defined in any meaningful way by statute. That could be changed. Even if this is not changed by statute, the White House and Congress could demand that Astrue get the approval of the Deputy Commissioner before even asking them for anything. I had predicted that Astrue will try to shunt the Deputy Commissioner off to something important but non-controversial. I still expect that he will try that, but I doubt that it is going to work.
  • A new Deputy Commissioner could pass along damaging information to the Congress and the White House.
  • A new Deputy Commissioner could leak damaging information to the media.
  • A new Deputy Commissioner could openly criticize the Commissioner at Congressional hearings. The Commissioner cannot prevent the Deputy Commissioner from testifying.
  • The President is likely to appoint a new Inspector General at Social Security. Do you think that Astrue is going to get any say on this appointment?
  • The Office of Management and Budget (OMB) , which is part of the White House, has to approve any regulatory proposals made by the Social Security Administration.
  • OMB prepares the President's budgetary proposal.
  • The President, through OMB, is certain to put out new rules concerning the relationship between federal agencies and employee unions. The President is going to listen to what AFGE says about what should be in these rules. Astrue is not going to like these rules. You can be sure that OMB will be extremely vigilant concerning Social Security's adherence to these new rules.

6 comments:

Anonymous said...

That's why I'm glad I'm not Commissioner! Social Security is so important to so many Americans, it's a shame it can't be less influenced by politics. But, I'm not sure that is even possible... with a program that touches so many people... it is bound and determined to be political. But people everywhere still need to get their checks to live and eat and have a warm place to sleep. And almost every SSA employee I've met is dedicated to that ultimate mission.

Anonymous said...

The union is full of liars and jerks. The GAO should investigate them.

Anonymous said...

If it was me, as long as the check's in the bank every two weeks, so what. Fine, let someone else run things as long as I'm still gettting paid.

Anonymous said...

The idea behind the fixed term for the Commissioner was so that the Commissioner could serve without being replaced for political/ideological reasons. The fact that we now have a Democratic president and Republican Commissioner is precisely the whole idea.

As to the job Astrue has been doing, I have known and worked with each of the last 13 Commissioners of SSA, including Astrue, and he is near the top of the list. He has proven himself to be able, non-partisan, and both likeable and effective. SSA is unlikely to do any better.

Whatever problems the agency faces, they have nothing to do with Astrue. Any Commissioner would face exactly the same problems, and people would be making exactly the same complaints about staffing, funding, the disability process, etc. The only real question is whether we have a capable and reliable Commissioner to help us face those problems. I have seen Astrue working on these problems close-up, and he is doing a very capable job. In my view—as an Obama Democrat—I think we are lucky to have him.

Anonymous said...

Michael, good to see that you're reading and reacting to Charles T's blog here.

As I've said before, a term appointment can't remove the politics from the job. If Mr. Astrue can earn President Obama's trust, then all will be fine. If he can't, he'll have to leave. It's really that simple. And he may never get the opportunity to earn that trust; that's life, often unfair.

Anonymous said...

AFGE (when it comes to SSA) is a joke - I stopped paying dues a long time ago. The local stewards have no desire in serving the public or improving service all they want is to hold on to and abuse their official time - while the rest of us do all the work. I think the Commish is doing a pretty good job.