House Appropriations Releases Report On Bill To Fund SSA

     The full House Appropriations Committee has approved its version of the appropriations bill covering the Social Security Administration. There were no amendments affecting Social Security. The report that accompanies such bills has been released. These reports typically contain precatory language that agencies generally try to follow even if they are not legally required to do so. Here's some excerpts that affect Social Security (beginning at page 310):

• ... Within the total recommended increase, the Committee expects SSA to direct not less than $630,000,000 for field offices, teleservice centers, and program service centers, and $190,000,000 to replace losses and build capacity at the State Disability Determination Services (DDS) agencies that make disability determinations for SSA.
• In addition, within the recommended funding level, the Committee provides $89,500,000 for SSA to mail paper statements to all contributors aged 25 and older not yet receiving benefits ...
• Hearings.—The Committee continues to consider the Final Rule ‘‘Hearings Held by Administrative Appeals Judges of the Appeals Council’’ (85 Fed. Reg. 73138, December 16, 2020) to be an unjustified erosion of due process for individuals who are appealing a denial of Social Security or SSI benefits. As part of a beneficiary’s right to an impartial appeal process, an on the record hearing, conducted by an impartial judge with decisional independence, must be conducted in accordance with the Administrative Procedure Act to ensure due process, without agency interference, or political bias. Replacing this appeals step and the role of independent administrative law judges (ALJs) with SSA employees jeopardizes the independence of the process. In light of the harm that would be caused by this policy change, the Committee strongly urges SSA not to exercise this authority. ...
• The Committee requests SSA submit to the Committee within 90 days of enactment of this Act a plan for reducing the initial and reconsideration claims backlogs, and continue to submit to the Committee quarterly reports on disability hearings backlogs until SSA has eliminated the hearings backlog and achieved its monthly average processing time goal. The Committee urges the Commissioner to prioritize the hiring of additional staff at the DDS agencies to determine initial claims and reconsideration appeals, as well as ALJs and requisite staff to adjudicate backlogged hearings claims. ...
• The Committee remains concerned about the time it takes SSA to effectuate favorable SSI and/or SSDI disability determinations and requests a briefing on the issue withing 30 days of receiving the report on Disability Determinations as requested in House Report 117–96. ...
• The Committee directs SSA to submit a report to the Committee within 180 days of enactment of this Act exploring the feasibility of using employee incentives, including an agency student loan repayment program, to improve recruitment and retention for qualified candidates across the agency. ...
• The Committee recognizes the essential role that field offices play in the public’s ability to access SSA benefits and services and strongly encourages the Commissioner to take every action possible to maintain operations at existing field offices. ...
• The Committee understands that the Office of Hearings Operations (OHO) relies on legal assistants to conduct a broad range of work supporting hearings and reviewing work of its administrative law judges, and urges SSA to examine the position descriptions of legal assistants, pay and actual work conducted, to ensure that job classifications and compensation are commensurate with current duties. ...
• The Committee believes that quality representation in matters with SSA assists claimants and beneficiaries, and can also help SSA work more accurately and efficiently. The Committee appreciates that the Commissioner is raising the cap on fees payable via fee agreement, and encourages the Commissioner to index the cap to account for inflation in future years. ...
• The Committee reiterates its support for well-managed telework programs in the Federal workplace and understands that SSA is in the process of evaluating how telework affects service delivery during the reentry evaluation period of March 30 through September 30, 2022. Within 90 days of enactment of this Act, the Committee requests a briefing on how the results of that evaluation will be used to measure and monitor the impact of telework on customer satisfaction, service availability including continuity of operations, workloads management, employee experience, stewardship, and environmental considerations. ...

    Note that we are a long, long way from having a final bill. The Senate has to act. The filibuster in the Senate gives the minority a veto over appropriations bills. The House of Representatives may be in Republican hands by the time there is final action.