Appropriations Bill Covering SSA Delayed Until At Least March 22

     Since the beginning of the federal Fiscal Year (FY) on October 1, 2023 the Social Security Administration has been operating under a Continuing Resolution (CR) that allows the agency to spend money at the rate they spent it in the prior FY. This is because Congress, or to be more accurate, the House of Representatives, or to be more accurate still, the Republican majority in the House of Representatives can't agree on what they want in several FY 2024 appropriation bills, including the Labor-HHS bill that includes Social Security's administrative budget. Congress is now kicking the can down the road with a new CR on the Labor-HHS bill that goes to March 22. There's a solemn promise from Congressional leaders, including Republican leaders, that they'll get it done by March 22 but don't count on that holding. It's impossible to overestimate the dysfunction within the Republican majority in the House of Representatives. A sizable number of them would never vote yes on any Labor-HHS appropriations bill. Even if they got everything they wanted, they'd still vote "no" since they'd believe they didn't ask for enough!

EM On Overpayments During Covid

     From Emergency Message EM-24005:

... On January 20, 2024, the United States District Court for the Eastern District of New York approved a settlement agreement in Campos v. Kijakazi, No. 21-cv-05143. The case involved Title XVI overpayments incurred during the COVID-19 pandemic from March 2020 through April 2023.

C. FO [Field Office] instructions

Effective immediately, when making a fault determination on a waiver request for an overpayment incurred in any month since March 2020, technicians must consider any circumstances related to the COVID-19 pandemic that an overpaid individual alleges prevented the individual from reporting changes. When COVID-19 circumstances are alleged, technicians must also document the individual’s allegations of COVID-19 circumstances that prevented the individual from reporting changes in the file. ...

Examples of circumstances related to the COVID-19 pandemic that may have prevented an individual from complying with Title II or Title XVI reporting requirements include, but are not limited to, the following scenarios:

The overpaid individual:

• attempted to contact us but was unable to visit a FO, mail us information, reach us by phone, or get transportation because of the COVID-19 pandemic;
• was unable to contact us because of government-imposed COVID-19 travel restrictions;
• was unable to contact us because of child-care or family-care changes due to COVID-19 stay-at-home orders or school-at-home requirements;
•  was unable to contact us because of the overpaid individual’s COVID-19 illness or related serious illness; 
•  was unable to contact us because the overpaid individual’s representative payee died or became seriously ill due to COVID-19 or serious illness related to COVID-19; or
•  was unable to contact us because the overpaid individual’s immediate family member died or became seriously ill due to COVID-19 or related serious illness.

NOTE: This list is not exhaustive. ...

Equite Action Plan Report

     The Social Security Administration has recently issued its Equity Action Plan: 2023 Update. It sounds like they're about a year behind in getting this out. It's full of vague, largely unmeasurable goals. Look at it yourself but what I've pulled  out below is all the content that I can find that seems vaguely interesting to me, at least:

• ... In FY 2023, to restore SSI applications closer to pre-pandemic levels, we launched a new SSI “Basic Needs” campaign in support of our FYs 2022-2023 Agency Priority Goal (APG) to increase SSI applications nationwide by 15 percent and increase applications from underserved communities by 25 percent, 1,758,656 and 127,749 applications, respectively. We have seen an increase in the overall number of SSI applications, nationally and in underserved communities. Since the campaign launched:

a. Our digital marketing tactics generated 1.81 million referrals from our SSI website to the online SSI Protective Filing tool, yielding 345,000 SSI applications through September 3, 2023. The tool allows individuals and third-party helpers to establish a protective filing10 online and request an appointment to file for benefits.

b. Our marketing generated more than 1.9 billion impressions across all tactics and over 2.7 million website visits.

c. Through September 29, 2023, we exceeded our APG target for SSI applications in underserved communities relative to the 2021 baseline by receiving nearly 135,000 applications. ...


• In May 2023, we established the Office of Transformation (OT), which includes our Customer Experience (CX) team. The OT’s mission is to facilitate the most critical business enhancements that serve the public and support our frontline employees. ...
• As of August 23, 2023, there were about 220,000 pending [SSI] underpayments, of which more than 140,000 underpayments (with corresponding alerts) have been pending for a year or more or are priority cases. ...
  

    I can be critical of the vagueness of the report but in an organization as large as the Social Security Administration a 1% improvement in service which might seem trivial to me could still improve the lives of a not insignificant number of people. We'd all love to see transformative changes but with current levels of funding all that's possible are the tiniest baby steps.

News?

     When you look online now for news about Social Security, you mostly come across clickbait and "listicles" like those shown below. These pieces have little or no value to people who work in the field but they're indicative of what the public reads:

• Social Security update: Third round of February payments worth $4,873 goes out in five days
• 3 Things To Know About Social Security Payments If You’ve Ever Been on a Payroll
• Social Security Benefits for Spouses: 4 Things Retired Couples Need to Know
• Social Security update: March direct payment worth $943 goes out in seven days
• Social Security Recipients: Will You Get a March Check if the Government Shuts Down? 
• Goodbye to the $1,900 Social Security check: retirees will earn less money as of this date

New SSI Regs In The Pipeline

     The description of a packet of proposed regulations that the Social Security Administration has asked the Office of Information and Regulatory Affairs (OIRA) to approve for publication in the Federal Register:

We propose expanding the rental subsidy exception beyond the 7 states to which it already applies so that it applies nationwide. Accordingly, our nationwide policy would be that a business arrangement exists when the amount of monthly rent required to be paid equals or exceeds the presumed maximum value or the current market value, whichever is less. We expect that the proposed change would improve service delivery by making our policy uniform throughout the country and reducing administrative burdens for individuals seeking access to the Supplemental Security Income (SSI) program.

Final Rules Approved To Omit Food From SSI Support And Maintenance Calculations

    The Office of Information and Regulatory Affairs (OIRA) has approved publication of final rules to omit food from SSI support and maintenance calculations. Expect to see it in the Federal Register in the near future.

A Poll

 

online polls

A Sunday Medley

     Social Security news has been scarce. Below are some links to recent media articles. I wouldn’t normally post them but you may find one of interest:

• ‘I cannot understand how they can do this to people’: Social Security admits to overpaying a North Texas widow by $41K — and now demands she pay the money back. How did this happen?
• Opinion: Hey, Donald Trump, where’s your plan to save Social Security?
• Divorced? Here's How to Tell If You Qualify for Spousal Social Security Benefits
• Security Administration sends new checks to retirees born between the 11 – 20
• Those Cost-of-Living Adjustments to Social Security Add Up Quickly
• Divorced? Here's How to Tell If You Qualify for Spousal Social Security Benefits

Wyden Praises O'Malley

     The Chairman of the Senate Finance Committee has saluted the new Commissioner of Social Security for going forward with proposed rules to allow use of electronic wage reporting to reduce overpayments.

ERAP -- What Are We Doing?

     Social Security management has a strong lean in the direction of centralizing anything that can be centralized and some that can't. One of the things that they have centralized is the scheduling of Administrative Law Judge (ALJ) hearings. It's called ERAP -- Enhanced Representative Availability Process -- at least insofar as it applies to people like me who represent claimants. I cannot even imagine a sensible reason for ERAP. Let me set out some problems I have encountered with ERAP:

• It's now February. ERAP is demanding that I tell them when I've available for hearings in August! Do you know what your plans are for August? They have just started scheduling for June. I don't know why we need to schedule this far in advance anyway but why do I have to submit my availability well beyond what they need now.  How is this helping anyone. 
• I have been told verbally that if I fail to meet Social Security's deadline that I am considered available for the entire month even if I tell them well before scheduling actually begins for the month in question. Gotcha! Is there any rational reason for this?
• I have been informed that once I submit my availability that I cannot later change it to say that I am unavailable certain days even though Social Security hasn't started scheduling even for the month before the month we're talking about. Gotcha! Not only must I submit availability six months in advance, I'm not allowed to make changes even if the changes don't inconvenience Social Security in the slightest. Do your plans six months out never change?
  
• Despite providing dates that I'm available six months in advance, Social Security still schedules hearings on days I've told them I was unavailable and they still schedule two hearings at the same time. As best I can tell, they don't even consult the dates I've given them. The burden is on me to catch this and get it corrected. When this happens there is usually a significant delay in rescheduling a case.
  
• Attorney who have clients in two of Social Security's regions have impossible problems since those regions can't coordinate scheduling with each other. Somehow we're supposed to solve this problem for the agency.

     What are we doing here? This is an unworkable system for attorneys. My guess is that it may not be much better for ALJs.

    The old system, which involved hearing offices calling attorneys about each hearing was workable. With all the reschedulings because of errors, I don't know that ERAP actually saves time for the agency. The agency is supposed to be serving the public. ERAP is lousy public service.

NPRM On Use Of Payroll Data Provider Info

     From a Notice of Proposed Rule-Making (NPRM) that the Social Security Administration will publish in the Federal Register tomorrow:

... We are proposing these rules ... for implementing the access to and use of the information held by payroll data providers. ...

We use wage and employment information to decide who can receive OASDI [Old Age, Survivors and Disability Insurance] disability benefits and SSI payments. We also use it to determine SSI payment amounts. Receiving complete, accurate, and timely wage and employment information allows us to administer our programs efficiently and to avoid improper payments that can occur when we do not have such information. Reviews of post-entitlement cases show that substantial gainful activity (SGA)4 continues to be the leading cause of overpayments in the OASDI disability program. In fact, SGA-related overpayments in the OASDI program averaged approximately $500 million annually as of fiscal year 2022.5 Further, wage discrepancies, which reached an annual average of approximately $1.4 billion in improper payments as of fiscal year 2022, have been a leading cause of improper payments in the SSI program for more than a decade. ...

A Less Colorful Waterfall Chart With CDR Numbers

 

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The Waterfall Chart For 2023

 

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Another Super Bowl Poll

 

online polls

A Poll

 

online polls

Problems With Retirement Earnings Test

     From The Social Security Administration’s Enforcement of the Earnings Test, a report by Social Security's Office of Inspector General:

The earnings test is a provision of the Social Security Act that requires that SSA withhold payments from beneficiaries who are under full retirement age (FRA) if their earnings exceed a certain limit. ...

SSA did not accurately or timely pay beneficiaries subject to the earnings test. As a result, we estimate SSA:

• inaccurately calculated approximately 47,000 of the 294,000 earnings-test overpayments established in FY 2021, totaling more than $148 million;
• inaccurately paid approximately 9,000 beneficiaries approximately $29 million based on estimated earnings that were more or less than their actual earnings; and
• did not timely pay approximately 176,000 beneficiaries approximately $81 million in monthly benefit increases. ...

    And to think that the retirement earnings test used to apply to all retirees regardless of age.

Overdue

    From Joe Davidson at the Washington Post:

The Democratic chairman of a powerful Senate committee on Wednesday called on President Biden to fire the lead watchdog for the Social Security Administration, pointing to stalled investigations and plunging staff morale.

In a letter sent Wednesday to the White House, Sen. Ron Wyden (Ore.), chairman of the Senate Finance Committee, said promises by Inspector General Gail Ennis to “establish a culture that welcomes debate, collaboration, and transparency … appear to have been hollow.”

“I urge you to remove her,” Wyden wrote. ...

Monthly OHO Report

 

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An Interesting Employee Benefit

     From a contracting notice posted by the Social Security Administration:

... The Contractor shall administer a reimbursement process for employees who choose to utilize SSA’s Pick Your Own Provider emergency backup dependent care program for temporary or short-term services for employees who are scheduled to work, and their regular care arrangements are disrupted. This will allow employees to continue working knowing that their dependents are being cared for in a safe environment. When employees use the Pick Your Own Provider program, they are required to locate their own provider and pay for all costs. The contractor will administer a process to reimburse employees a $100 flat fee for each day of emergency backup care provided.  Employees can utilize the Pick Your Own Provider program for a maximum of 5 days of emergency backup dependent care per contract period. ...

Headcount Inches Up

    The Office of Personnel Management (OPM) has finally posted updated numbers showing the headcount of employees at each agency as of the second and third quarters on 2023. Note that these numbers do not tell the whole story. They don't account for part time employees nor for overtime. Overtime is a huge part of the story at Social Security. A Full Time Equivalent (FTE) report would cover that but we seldom see FTE reports.  Here are Social Security's numbers as of September with earlier headcount numbers for comparison:

• September, 2023 61,410
  
• June, 2023 60,726
  
• March, 2023  59,400
• December, 2022 58,916
  
• September, 2022 57,754
  
• June, 2022 58,332
  
• March, 2022 59,257
  
• December, 2021 60,422
  
• December 2020 61,816
  
• December 2019 61,969
  
• December 2018 62,946
  
• December 2017 62,777
• December 2016 63,364
• December 2015 65,518
• December 2014 65,430
• December 2013 61,957
• December 2012 64,538
• December 2010 70,270
• December 2009 67,486
• December 2008 63,733

Reaction To O'Malley's Decision On Telework

     Tom Temin at Federal News Network has a piece up on the new Commissioner's e-mail to staff decreasing telework for some employees. He is kind enough to refer to this blog by name as "reliable." He quotes several comments made to the post.

    Erich Wagner at Government Executive has a longer piece on the e-mail, particularly to the reaction of Rich Couture, chief negotiator for the American Federation of Government Employees, the union that represents most Social Security employees. Couture expressed relief at what O'Malley had done. The article says that only 4,000 bargaining unit employees would be affected by the announcement. Here's a quote from Couture:

AFGE is pleased to see [O’Malley] is maintaining telework at current levels, and it’s clear that the commissioner recognizes the importance of telework for workers and their work-life balance, as well as its importance for retention and recruitment efforts,” Couture said. “We’re still in a public service crisis fueled by understaffing and attrition, and one way to maintain staffing levels is by offering telework. A commitment to continuing current telework levels for those employees is critical to keeping the agency’s ability to serve the public intact by keeping our employees working here.

     After almost 100 comments, I cut off commenting on the original post since the comments had become so repetitive but, still, I don't think anyone mentioned something about O'Malley's e-mail that caught my eye. Before signing his name to the e-mail, the Commissioner included the phrase "Yours in solidarity." That word, "solidarity," has long been associated with labor unions.

Trying To Undermine Social Security From The Inside

     From Alex Lawson, writing for Common Dreams:

Mitch McConnell and his fellow Republicans have a problem. They hate Social Security, because it is popular, effective, and doesn’t make any money for their billionaire donors. But their voters love Social Security. Ninety-four percent of Republicans oppose benefit cuts.

McConnell understands the political dangers of being openly hostile to Social Security. So instead, he is plotting to sabotage it from within. The latest instrument of that sabotage is Andrew Biggs, a senior fellow at the billionaire-funded American Enterprise Institute. Biggs is McConnell’s pick to serve on the Social Security Advisory Board (SSAB) ...

Biggs served as an associate commissioner of Social Security under former President George W. Bush and was instrumental in Bush’s push to privatize Social Security. ...

Biggs supports raising the retirement age, and has testified before Congress that people should work longer. ...

Biggs also wants to turn Social Security from an earned benefit into a poverty-level flat benefit. That means huge cuts for middle class workers who’ve been paying into the program their entire lives. It would destroy Social Security’s political popularity by turning it into a welfare program—a sitting duck for Republicans to make even larger cuts. ...

     Biggs came under serious criticism at the hearing on his nomination.

    The good thing about this nomination is that the SSAB isn't much of a platform from which to launch attacks on Social Security. For better or worse, it's pretty obscure. Also, while Republicans like to talk about privatizing Social Security, raising the retirement age or turning it into something they can deride as "welfare," they have virtually no interest in actually doing anything along these lines.