Jun 30, 2024

Commissioner Doesn't Like Agency Notices


     From an interview that Social Security Commissioner Martin O'Malley recently gave to NPR:

The notices that we send out, I have described them as Mad Libs written by mad lawyers that confuse, they scare, and most people have a difficult time understanding what many of these notices even say.

Jun 29, 2024

It's Kinda Hot In Orlando This Time Of Year

     From WFTV:

Dozens of people waited in line for hours outside the newly opened Social Security Administration Office on Orange Avenue in downtown Orlando.

It’s been a daily occurrence since the new office opened on Monday, June 17.

Social Security Administration told Eyewitness News Tuesday evening that the long lines were due to recently implemented security screening requirements.

 “We are working on a long-term security screening solution for the building, potentially including an additional magnetometer,” the agency said. ...

Eyewitness News spoke to people in line Tuesday who reported up to 3 hours to get in and out of the office. Some toward the end of the line said they had been there an hour and a half.

This was as dozens were fighting Orlando’s 90-degree heat in the line, including the elderly, the disabled bound by wheelchairs, and children. No overhang or shelter was covering most of the line.

“It’s super hot! I can’t even take it,” said 7-year-old Marly, waiting to go into the office with her dad. ... 

Jun 28, 2024

"I Never Inherited Anything"

Kristy Strong

     From Newsweek:

Kristy Strong, a 45-year-old disabled woman in Elizabeth City, North Carolina, was shocked when her Supplemental Security Income benefits were stopped in January. ...

"They claim I was overpaid," Strong told Newsweek. "I was sleeping behind dumpsters [and] eating out of trash cans, so I had nothing."

When Strong received the letter saying she owed the money, she immediately appealed and contacted legal counsel, but she said she has been waiting for a court date for more than six months, even though her lawyer told her the case has been expedited, she said. ...

Strong didn't even know what assets the SSA had been referring to but was informed the agency was under the impression that Strong had inherited property when her grandmother died in November 2021.

"I told them I did not," Strong said. "My grandma left everything to my aunt, who didn't have money to probate her will, and had asked me to sign a paper agreeing not to have to probate it. I never inherited anything."

She was told by Social Security she would have to prove she didn't own the property, despite it never being in her name. ...

"I wish people knew that real peoples' lives are at stake, and this isn't just a debate in an election year," Strong said. "So much more is at risk than votes."

Jun 27, 2024

Recent Posts On Frustrated Claimants Blog


     I also run a separate blog directed at Social Security disability claimants titled For The Frustrated Social Security Disability Claimant. Here are recent posts on that blog that might interest you.

House Appropriations Committee Draft Of FY 2025 Appropriations Bill


     The Republican majority of the House Appropriations subcommittee having jurisdiction over Social Security has released its version of an appropriations bill covering Social Security for Fiscal Year (FY) 2025, which begins on October 1 of this year. It provides for a $13.8 billion appropriation for Social Security's administrative expenditures. This is below the $14.1 billion that the agency has been allocated for the current FY.

    The President's proposed bill for FY 2025 contains $15.4 billion for Social Security.

    This can't get passed without the agreement of the Senate and the White House. Also, nothing is likely to be passed until after the new Congress begins just after New Year's Day in 2025. The new Congress may have different opinions about this appropriations bill.

Jun 26, 2024

Res Judicata Won't Apply To Denials Based Upon Ability To Perform Work Outside The New Five Year Time Period

     From Emergency Message EM-24028:

... We will not apply res judicata to bar readjudication of a previously adjudicated period when the prior final determination or decision finding the claimant not disabled is dated prior to June 22, 2024, if the prior adverse determination or decision found the individual could do:

    1. PRW [Past Relevant Work] at step four of the sequential evaluation process (SEP) and the PRW cited is not PRW under the PRW rule; OR
    2. Other work at step five of the SEP, work experience was material to the decision, and the individual’s work experience is different under the PRW rule.
When these criteria are met, we will not apply res judicata to deny a subsequent claim or dismiss a request for hearing on that claim. ...

    OK, now what about cases pending at the Appeals Council or federal court where there were denials based upon ability to perform other "jobs" that are now considered off limits because they don't really exist any more?

Jun 24, 2024

A Busy Saturday For Social Security

      It was a busy Saturday for Social Security. Yes, a busy Saturday!

     First, Social Security has added significantly more data to the online reports available to attorneys representing claimants at the initial and reconsideration levels. I have not tried it yet but early reports I have heard indicate that it’s a work in progress. Still, this holds out the prospect of two advantages. It gives attorneys easier access to information on the status of their clients’ cases. It cuts down on the number of calls to Social Security asking about case status.

     Second, Social Security issued two Emergency Messages on which jobs can be considered as alternative work a claimant can perform if he or she is unable to perform their past relevant work. In the more important of the Emergency Messages there is a list of jobs that cannot be considered absent “additional evidence” from a Vocational Expert:

DOT CodeDOT Occupational TitleDOT Industry Designation
209.587-010Addresserclerical
249.587-018Document Preparer, Microfilmingbusiness services
249.587-014Cutter-and-Paster, Press Clippingsbusiness services
239.687-014Tube Operatorclerical
318.687-018Silver Wrapperhotel and restaurant
349.667-010Host/Hostess, Dance Hallamusement and recreation
349.667-014Host/Hostess, Headamusement and recreation
379.367-010Surveillance-System Monitorgovernment services
521.687-010Almond Blancher, Handcanning and preserving
521-687-086Nut Sortercanning and preserving
726.685-010Magnetic-Tape Winderrecording
782.687-030Puller-Throughglove and mitten
976.385-010Microfilm Processorbusiness services

     In another Emergency Messages there’s this list of jobs that can no longer be considered at all:

DOT CodeDOT Occupational TitleDOT Industry Designation(s)
013.061-010AGRICULTURAL ENGINEERprofessional and kindred occupations
013.061-014AGRICULTURAL-RESEARCH ENGINEERprofessional and kindred occupations
013.061-018DESIGN-ENGINEER, AGRICULTURAL EQUIPMENTprofessional and kindred occupations
013.061-022TEST ENGINEER, AGRICULTURAL EQUIPMENTprofessional and kindred occupations
021.067-010ASTRONOMERprofessional and kindred occupations
029.067-010GEOGRAPHERprofessional and kindred occupations
029.067-014GEOGRAPHER, PHYSICALprofessional and kindred occupations
045.061-014PSYCHOLOGIST, ENGINEERINGprofessional and kindred occupations
045.107-030PSYCHOLOGIST, INDUSTRIAL-ORGANIZATIONALprofessional and kindred occupations
052.067-014DIRECTOR, STATE-HISTORICAL SOCIETYprofessional and kindred occupations
052.067-018GENEALOGISTprofessional and kindred occupations
052.067-022HISTORIANprofessional and kindred occupations
052.067-026HISTORIAN, DRAMATIC ARTSprofessional and kindred occupations
052.167-010DIRECTOR, RESEARCHmotion picture; radio and television broadcasting
072.101-018ORAL AND MAXILLOFACIAL SURGEONmedical services
072.101-034PROSTHODONTISTmedical services
193.162-022AIRLINE-RADIO OPERATOR, CHIEFair transportation; business services
193.262-010AIRLINE-RADIO OPERATORair transportation; business services
193.262-014DISPATCHERgovernment services
193.262-022RADIO OFFICERwater transportation
193.262-026RADIO STATION OPERATORaircraft manufacturing
193.262-030RADIOTELEGRAPH OPERATORtelephone and telegraph
193.262-034RADIOTELEPHONE OPERATORany industry
193.362-010PHOTORADIO OPERATORprinting and publishing; telephone and telegraph
193.362-014RADIO-INTELLIGENCE OPERATORgovernment services
193.382-010ELECTRONIC INTELLIGENCE OPERATIONS SPECIALISTmilitary services
203.562-010WIRE-TRANSFER CLERKfinancial institutions
235.462-010CENTRAL-OFFICE OPERATORtelephone and telegraph
235.562-010CLERK, ROUTEtelephone and telegraph
235.662-018DIRECTORY-ASSISTANCE OPERATORtelephone and telegraph
236.562-010TELEGRAPHERrailroad transportation
236.562-014TELEGRAPHER AGENTrailroad transportation
237.367-034PAY-STATION ATTENDANTtelephone and telegraph
239.382-010WIRE-PHOTO OPERATOR, NEWSprinting and publishing
297.667-014MODELgarment; retail trade; wholesale trade
299.647-010IMPERSONATOR, CHARACTERany industry
305.281-010COOKdomestic service
338.371-010EMBALMER APPRENTICEpersonal service
338.371-014EMBALMERpersonal service
379.384-010SCUBA DIVERany industry
410.161-010ANIMAL BREEDERagriculture and agricultural service
410.161-014FUR FARMERagriculture and agricultural service
410.161-018LIVESTOCK RANCHERagriculture and agricultural service
410.161-022HOG-CONFINEMENT-SYSTEM MANAGERagriculture and agricultural service
411.161-010CANARY BREEDERagriculture and agricultural service
411.161-014POULTRY BREEDERagriculture and agricultural service
413.161-014REPTILE FARMERagriculture and agricultural service
452.167-010FIRE WARDENforestry
452.367-010FIRE LOOKOUTforestry
452.367-014FIRE RANGERforestry
455.367-010LOG GRADERlogging; sawmill and planing mill
455.487-010LOG SCALERlogging; millwork, veneer, plywood, and structural wood members; paper and pulp; sawmill and planing mill
519.684-010LADLE LINERfoundry; smelting and refining
519.684-022STOPPER MAKERblast furnace, steel work, and rolling and finishing mill
579.664-010CLAY-STRUCTURE BUILDER AND SERVICERglass manufacturing
661.281-010LOFT WORKERship and boat manufacturing and repairing
661.281-018PATTERNMAKER APPRENTICE, WOODfoundry
661.281-022PATTERNMAKER, WOODfoundry
661.380-010MODEL MAKER, WOODany industry
690.682-078STITCHER, SPECIAL MACHINEboot and shoe
690.682-082STITCHER, STANDARD MACHINEboot and shoe
690.685-494STITCHER, TAPE-CONTROLLED MACHINEboot and shoe
693.261-018MODEL MAKERaircraft-aerospace manufacturing
714.281-010AIRCRAFT-PHOTOGRAPHIC-EQUIPMENT MECHANICphotographic apparatus and materials
714.281-014CAMERA REPAIRERphotographic apparatus and materials
714.281-018MACHINIST, MOTION-PICTURE EQUIPMENTmotion picture; photographic apparatus and materials
714.281-022PHOTOGRAPHIC EQUIPMENT TECHNICIANphotographic apparatus and materials
714.281-026PHOTOGRAPHIC-EQUIPMENT-MAINTENANCE TECHNICIANphotographic apparatus and materials
714.281-030SERVICE TECHNICIAN, COMPUTERIZED-PHOTOFINISHING EQUIPMENTphotofinishing
715.281-010WATCH REPAIRERclocks watches, and allied products
715.281-014WATCH REPAIRER APPRENTICEclocks, watches, and allied products
715.381-010ASSEMBLERclocks, watches, and allied products
715.381-014ASSEMBLER, WATCH TRAINclocks, watches, and allied products
715.381-018BANKING PIN ADJUSTERclocks watches, and allied products
715.381-022BARREL ASSEMBLERclocks, watches, and allied products
715.381-026BARREL-BRIDGE ASSEMBLERclocks, watches, and allied products
715.381-030BARREL-ENDSHAKE ADJUSTERclocks, watches, and allied products
715.381-038CHRONOMETER ASSEMBLER AND ADJUSTERclocks, watches, and allied products
715.381-042CHRONOMETER-BALANCE-AND-HAIRSPRING ASSEMBLERclocks, watches, and allied products
715.381-054HAIRSPRING ASSEMBLERclocks, watches, and allied products
715.381-062HAIRSPRING VIBRATORclocks, watches, and allied products
715.381-082PALLET-STONE INSERTERclocks, watches, and allied products
715.381-086PALLET-STONE POSITIONERclocks, watches, and allied products
715.381-094WATCH ASSEMBLERclocks, watches, and allied products
715.584-014REPAIRER, AUTO CLOCKSclocks, watches, and allied products
715.681-010TIMING ADJUSTERclocks, watches, and allied products
761.381-014JIG BUILDERwooden container
788.684-114THREAD LASTERboot and shoe
826.261-010FIELD-SERVICE ENGINEERphotographic apparatus and materials
841.381-010PAPERHANGERconstruction
841.684-010BILLPOSTERbusiness services
849.484-010BOILER RELINER, PLASTIC BLOCKfoundry
850.663-010DREDGE OPERATORconstruction; coal, metal, and nonmetal mining and quarrying
861.381-046TERRAZZO WORKERconstruction
861.381-050TERRAZZO-WORKER APPRENTICEconstruction
861.664-014TERRAZZO FINISHERconstruction
899.261-010DIVERany industry
899.684-010BONDACTOR-MACHINE OPERATORfoundry
910.362-010TOWER OPERATORrailroad transportation
910.363-018YARD ENGINEERrailroad transportation
910.382-010CAR-RETARDER OPERATORrailroad transportation
910.583-010LABORER, CAR BARNrailroad transportation
910.683-010HOSTLERrailroad transportation
910.683-022TRANSFER-TABLE OPERATORrailroad equipment building and repairing; railroad transportation
911.663-010MOTORBOAT OPERATORany industry
919.663-014DINKEY OPERATORany industry
919.683-010DOCK HANDair transportation
919.683-026TRACKMOBILE OPERATORany industry
930.683-026ROOF BOLTERcoal, metal, and nonmetal mining and quarrying
952.362-022POWER-REACTOR OPERATORutilities
960.362-010MOTION-PICTURE PROJECTIONISTamusement and recreation; motion picture
960.382-010AUDIOVISUAL TECHNICIANany industry
961.367-010MODEL, PHOTOGRAPHERS'any industry
961.667-010MODEL, ARTISTS'any industry

     I’m not completely sure about this second list. There aren’t terrazzo finishers or artist’s models anymore? I don’t see being an artist model as a career, however. Aren’t there still embalmers these days?  None of this matters except in rare cases, however.

Jun 21, 2024

Jingle Bells, Jingle Bells


     It's June 21. Social Security is today demanding that I tell them which days I'm available for hearings in December. That's more than six months off. They haven't started scheduling for October but if I delay giving them an answer, they'll just assume I've available the whole month and won't let me update it later. 

    Have you decided what days you're going to take off around Christmas? 

     Is it just me or does this seem bizarre, almost abusive? It's certainly unnecessary.

Jun 20, 2024

Field Offices Workloads

     Below is an illustration from the testimony of Katherine Zuleger of Wausau , WI. President, Chicago Social Security Management Association, Executive Committee Member, National Council of Social Security Management Associations to the Senate Finance Committee on June 18, 2024 on Work and Social Security Disability Benefits (I can't help thinking that some of this looks like an illustration from a sex education textbook!):

Click on image to view full size


Here are what those acronyms mean, as best I know them:
  • AUX -- Auxiliary claims, such as child claims
  • CDR -- Continuing Disability Review
  • CO -- Central Office 
  • CSNO -- Centralized Special Notice Option (I don't know what that is.)
  • ERPA -- Electronic Representative Payee Annual report
  • GI -- I think General Information in this context
  • MDW -- Modernized Development Worksheet
  • MNUP -- Medicare Non-Utilization Project (to determine why an elderly person isn't using Medicare -- like maybe the person is dead.)  
  • PSC -- Program Service Center -- where Title II benefits are computed, among other things
  • RO -- Regional Office    
  • RPMT --  ?
  • TSC -- Teleservice Center -- where they answer most telephone calls to the 800 number    

Jun 19, 2024

A One Year Sprint

     Government Executive has out a piece titled Martin O’Malley is on a one-year sprint to save Social Security. The title comes from Government Executive, not O'Malley. I'm sure that O'Malley hasn't claimed that he can "save" Social Security in any time frame, much less in a year.

    The primary thrust of the piece is O'Malley's call for additional budget resources for his agency. However, there's also crowing about O'Malley's accomplishments as Commissioner. O'Malley has certainly changed the tone at the agency and has some important accomplishments in his first six months as Commissioner but I'm pretty sure that the main accomplishment claimed in this piece -- improvement in 800 number answering -- isn't much of an accomplishment.


    Social Security's budget resources are so thin that it cannot make any significant improvement in one area of performance without taking resources from another area of performance -- borrowing from Peter to pay Paul as the old quote goes. If the 800 number service has improved, some other function must have worsened.

    Those on the inside can confirm or deny this but I think that the improvement in 800 number answering has been achieved by calling upon additional backup for the agency's Teleservice Centers (TSC's). The backup comes from the Program Service Centers (PSC's) whose primary responsibility is computing and paying benefits under Title II of the Social Security Act. This has gone on to some extent for many years. I've heard it referred to as "spiking," as in asking the PSC's to step in to handle overflow when there's a spike in call volume. It's not hard to improve 800 number phone answering if all you have to do is to shift the boundary for what's considered a "spike." Of course, the problem is that this causes degradation in the primary PSC workload of computing and paying benefits, which I have seen. Doing a better job of answering the phones is great but asking claimants who have already been approved to wait an extra month for the benefits they are owed isn't so great. Also, changing the spiking policies so that the PSC's give more help to the TSC's isn't sustainable. The payment backlogs will eventually become their own crisis.

    Finding ways to make yourself look better comes naturally to a seasoned politician like O'Malley. It's not a bad thing for the agency. At the least, it gives members of Congress confidence that if they give the Social Security Administration additional operating funds that they will be well spent. There is another side to the coin, however. Some members of Congress can say "Look, it's what we've been telling you. Social Security doesn't need more operating funds. It just needs better management."

Jun 18, 2024

Senate Finance Committe Hearing Today

     The Senate Finance Committee is holding a hearing at 10:00 today (June 18) on Work and Social Security Disability Benefits: Addressing Challenges and Creating Opportunities. You can watch it online. Here's the witness list:

  • William R. Morton, Analyst, Income Security, Congressional Research Service
  • Susan B. WilschkeAssociate Commissioner, Office of Research, Demonstration, and Employment Support, Social Security Administration
  • Erin Godtland, Assistant Director, Education, Workforce, and Income Security, United States Government Accountability Office
  • Katherine Zuleger, President, Chicago Social Security Management Association Executive Committee Member, National Council of Social Security Management Association

Jun 17, 2024

Job Incidence Numbers Are Unreliable

     From Job Incidence Numbers in Social Security Disability Claims: A Case Study and Analysis by Kevin Liebkemann, 44 J. Nat’l Ass’n Admin. L. Judiciary 15 (2024) .

... The case survey results suggest that the SSA’s current vocational evidence system is broken in ways that can hurt disability claimants. Some variance in VE [Vocational Expert] job incidence number testimony may be reasonable. However, survey results document that VEs frequently gave markedly different national job incidence numbers for the same job around the same time, which indicates that the VE’s methodologies employed were inconsistent and thus unreliable. Further, study of cases involving other frequently cited DOT job titles could help determine how widespread this problem is. Some courts have already taken notice of such discrepancies regarding VE testimony of job incidence for other DOT titles. ...

SSA does not currently have adequate rules or enforcement in place to protect the public from the problem documented in the study data, namely VEs giving extremely disparate job incidence numbers for the same DOT title. The study data and case review found that SSA ALJs accepted those disparate numbers. The SSA’s Office of Inspector General that is charged with searching for and reporting systemic weaknesses in SSA programs has not yet issued any investigation reports on the reliability of VE methodologies for determining job incidence numbers. ...


Jun 14, 2024

One Man Thinks That The Third Rail No Longer Exists


     John Tammy has written a piece for Forbes arguing that Social Security is no longer the Third Rail of American politics because people will be working until they're 70 and then relying upon their private savings. Social Security hardly matter to anyone not already on benefits or about to be on them. He just wants taxes lowered for money coming out of retirement accounts.

    Talk about being elite and out of touch! Most people don't wait until full retirement age now to start their Social Security benefits. There's no sign that's changing. Blue collar workers can rarely go on working until they're 70. Their health won't permit it. I think that Mr. Tammy hasn't yet experienced any of the ill effects of the aging process. It's coming for you too, buddy, whether you believe it or not. The odds are high that even highly motivated white collar workers don't make it until 70. Private savings? Does Mr. Tammy know anyone with an annual income below $100,000? Apart from their homes, if they're lucky enough to have them, most Americans near retirement age have only modest savings at best.  

    Right wing "thinkers" keep telling us that the key to all retirement problems in the U.S. is lowering the tax bills paid by wealthy Americans. It's what they're paid to write.

Jun 13, 2024

Report On OHO Operations

     A statistical report from Social Security on performance at its Office of Hearings Operations:

Click on image to view full size

Jun 12, 2024

There's Enough Damn Problems Without This Crap!

SSA 800 # was slammed on June 3. Over 463,000 calls -- 140k more calls than a few days earlier. Why? In part because of a bogus news story about a $600 payment increase. This is FALSE: No COLA until January 2025. Big thanks to all SSA staff who helped customers with this rumor.