In Person Service Matters

    From Effects Of Suspending In-Person Services At Social Security Administration Field Offices On Disability Applications And Allowances by Monica Farid, Michael T. Anderson, Gina Freeman, and Christopher Earles, a study for the Center for Retirement Research at Boston College:

In this study, we examine the effect of the suspension of in-person services at Social Security Administration (SSA) field offices during the COVID-19 pandemic on applications ...

The paper found that:

• There were systematic differences in the characteristics of applicants by mode of application. In-person applicants were older, less likely to have completed high school, and less likely to speak English compared to phone or online applicants.
  

• The suspension caused a 6-percent decrease in the volume of applications, implying that not everyone who wanted to apply in-person was able to apply using other modes. The effect was larger for Supplemental Security Income (SSI) applications compared to Social Security Disability Insurance (DI) applications.
  

• The suspension of in-person services caused some would-be in-person applicants to apply by phone, but it did not cause an increase in the volume of online applications.
  

• We did not find evidence that the suspension disproportionately affected groups of applicants defined by educational attainment, age, or English-speaking status.
  

• Our estimates imply that in-person service suspensions explain more than 50 percent of the decline in SSI and DI applications during the pandemic. ...
  

    The first and fourth points above seem to be in tension with each other.

Remote Work And Disability

     From Does Remote Work Help Older People With Disabilities? by Siyan Liu and Laura D. Quinby, a study for the Center for Retirement Research at Boston College:

...The shift to remote work that started during COVID and has persisted may have improved job prospects for older people with disabilities by reducing barriers to employment. Consistent with this view, this brief finds that nearly all of the post-pandemic employment gain for older people with disabilities has been in teleworkable occupations, and this pattern holds even after controlling for other factors. Remote work benefits older workers with disabilities by allowing some to reenter the labor force and others to switch jobs instead of exiting work. ...

      Let's remember that whatever benefits there are to disabled people from remote work can only help a part of the disabled population. It doesn't help blue collar workers. People who work in offices, such as most of the people reading this blog, may not be aware that most workers don't work in offices and don't hold jobs that allow remote work.

Senators Seek Action On Long Covid Disability Claims

     Seven Democratic Senators have written the Commissioner of Social Security asking that something be done about disability claims filed by those suffering from long Covid.

    As I've said before, I'm out there representing Social Security disability claimants. My firm is taking on new cases regularly. I'm only seeing a very few claimants with long Covid. I don't see any more problem with those few cases than with other Social Security disability claims which means there are severe problems.

    The letter  also said that a couple of more general changes should be made:

... SSA should allow appointed representatives to see all exhibits at the initial and reconsideration disability claim stages. ...

SSA should restore the “treating physician rule” so a claimant’s primary care physician or Long COVID specialist can have their medical opinion given the weight it deserves. ...

Former SSA Employee Sentenced For Fraud

      From the Times Leader of Scranton, Pennsylvania:

A former employee with Social Security Administration was sentenced to three years in federal prison for pandemic relief fraud.

U.S. District Court Judge Malachy E. Mannion sentenced Takiyah Gordon Austin, 47, formerly of Wilkes-Barre, to three years in federal prison and three years of supervised release on charges of wire fraud and aggravated identity theft, according to U.S. Attorney Gerard M. Karam.

Austin was also ordered to pay $288,590 in restitution.

Austin, as a claims specialist, filed Pandemic Unemployment Assistance claims for ineligible recipients in exchange for payment from the individuals, according to a news release. …

A New EM On Covid

     The Social Security Administration has posted Emergency Message EM-21032 REV 2 on Evaluating Cases with Coronavirus Disease 2019 (COVID-19). It's a classic Social Security directive to staff that means absolutely nothing. They want to tell you that, yes, they're considering long Covid but there are zero details on what that means in practice and certainly nothing that could be interpreted as a standard that the agency must meet. The first priority is to make sure that no one at Social Security could be said to have failed to abide by the Emergency Message. It's impossible to fail to meet the standard since there is no standard. Is there one person at Social Security whose job it is to draft this sort of pabulum? 

    In the real world everyone with long Covid will be denied at initial and recon and some will be approved at the hearing level.

    I'm still not seeing clients complaining of long Covid. I'm beginning to think that long Covid is definitely a thing but it's mostly a thing for those who are too old to be applying for Social Security disability benefits.

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. ...

A Message From The New Commissioner To Agency Employees On Telework

From: ^Commissioner Broadcast <Commissioner.Broadcast@ssa.gov>
Sent: Tuesday, January 30, 2024 2:31 PM
Subject: Increasing Our Onsite Presence

A Message to All SSA Employees

Subject:  Increasing Our Onsite Presence 

Every morning for the last 32 days, I’ve been going to work at headquarters or catching pre-dawn flights to Social Security Regions across our country. 

I do this to hear from — and learn from — as many of you as possible, as soon as possible, about what’s really going on.

And while the best ideas for improving our operations always come from those on the frontlines, some decisions must ultimately fall to the Commissioner.

So, let’s acknowledge this truth:

The Covid pandemic and shutdown changed the nature of work. There is no private sector company or public agency in the world which has since found the perfect balance between onsite presence and telework.

But because I understand any new adjustments to our telework policies will affect you personally, I wanted to give you as much advance notice as possible so you can make adjustments in your own balance between work and life.

After much listening and deep consideration of currently available evidence, I have decided that the following policies will be effective across the Social Security Administration beginning April 7, 2024.

Here’s WHAT’S NOT changing:

• Field Offices will remain open to the public five days a week.
• Employees in field offices, teleservice centers, and program service centers (including the Office of Central Operations) will continue their current balance of onsite presence and telework. 
• Employees in hearing offices, hearing centers, and case assistance centers will continue their current balance of onsite presence and telework. ALJ hearings will continue to be held five days a week by teleconference, videoconference, or in-person, at the option of claimants and their representatives.
• Employees in the Office of Appellate Operations and the Office of Quality Review will continue their current balance of onsite days and telework.
• Employees with nonportable workloads and those ineligible for telework will continue their onsite presence.

Here’s WHAT IS changing:

• In our headquarters and regional offices, we will be moving to “core collaboration days.”  We do this in order to better serve the American people, to better support our new trainees, and to better support and train our frontline workers in their mission.

Therefore:

• I will be present onsite at the Baltimore Headquarters (or in regional or area offices) five days a week.
• The Commissioner’s Office will be onsite four days a week with one day of telework optional.
• Because servant leaders make themselves present and accountable to the people they lead, Deputy Commissioners, employees in headquarters components, regional offices, and area director offices will increase their onsite presence to three days per week with two days of telework optional.
• Employees in the Office of the Chief Information Officer (OCIO) will increase their onsite presence to two days per week — with greater presence for top level executives at the discretion of the CIO.

Our return to a greater onsite presence not only gives us more opportunity for collaboration, engagement, and innovation, but it also brings us into alignment with other federal agencies across government, who have been increasing their own onsite presence.

Conclusion:

In the coming days, you will receive more information from your managers about logistics like signing up for a transit subsidy, updating your parking badge, making your desk arrangements, and more.  Facilities will also be working to expand cafeteria and onsite food options on core collaboration days.

As we improve the quality of our data to measure our effectiveness across the complex components of the Agency, we will continue to adjust in order to reach the best possible balance within individual units. These decisions will honor both the letter and the spirit of our Union agreements. And these decisions will be based on the mission of SSA using the best available evidence, not fear.

Our mission is the security of the men, women, and children of our Nation.

Thank you for your dedication, and I look forward to seeing you in-person if I haven’t already.

Yours in solidarity,

Martin O’Malley

Commissioner

Social Security Disability Recipients Hit Hard By Covid

     From Health Affairs Scholar:

New data from the Social Security Administration suggest there were 260 000 excess deaths in the United States among current or former disability beneficiaries during the first 22 months of the COVID-19 pandemic. These beneficiaries accounted for 26% of all excess deaths in the United States during this period. ...

Disability Claims Filed And Awarded Increased Modestly In 2023

    Social Security has posted final numbers on disability claims and awards for calendar year 2023. With the pandemic tamped down to a level which permits most people to live normally, the number of disability claims filed and awarded increased modestly.

 

Number of applications
Field office                                                                           receipts	Initial DDS receipts

 

2009 .....	2,816,244	1,798,975
2010 .....	2,935,798	1,926,398
2011 .....	2,878,920	1,859,591
2012 .....	2,824,024	1,808,863
2013 .....	2,653,939	1,702,700
2014 .....	2,536,174	1,633,652
2015 .....	2,427,443	1,552,119
2016 .....	2,321,583	1,473,700
2017 .....	2,179,928	1,377,803
2018 .....	2,073,293	1,300,668
2019 .....	2,015,182	1,309,863
2020 .....	1,838,893	1,226,236
2021 .....	1,820,282	1,210,545
2022 .....	1,804,384	1,205,686
2023 .....	1,904,635	1,248,378

  

Number of Awards

2009 .....985,940
2010 .....1,052,551
2011 .....1,025,003
2012 .....979,973
2013 .....884,894
2014 .....810,973
2015 .....775,739
2016 .....744,268
2017 .....762,141
2018 .....733,879
2019 ....723,858
2020 .....648,121
2021 .....571,952
2022 .....543,445
2023 .....561,585

 

SSA Issues Long Covid Guide For Docs

     In conjunction with the Department of Health and Human Services, Social Security has created Long COVID: A Guide for Health Professionals on Providing Medical Evidence for Social Security Disability Claims. I had low expectations when I first opened this and was still underwhelmed.

OIG Report On Pandemic Effect On DDS Processing Of Disability Claims

     From a report by Social Security's Office of Inspector General (OIG) on the effects of the pandemic on processing of Social Security disability claims:

While SSA received fewer initial claims during the pandemic, it took the DDSs [Disability Determination Services] longer to process them than the year before. Before the pandemic, DDS’ average processing time for an initial claim was 95.5 days. This increased to 139.4 days and 135.5 days, respectively, during the first and second years of the pandemic. Numerous factors contributed to this:

• CEs - The number of CEs [Consultative Examinations] performed during the pandemic decreased, as SSA suspended in-person CEs for a period of time. Once DDSs resumed in-person CEs, they still had issues scheduling CEs because for example, (1) not all CE providers returned to conducting CEs and (2) claimants refused to attend in-person CEs because of fear of exposure to COVID-19.
• DDS Staffing and Training – About 4,000 DDS employees resigned or retired during the pandemic, but DDSs hired 4,305 employees during this same time. However, it takes a newly hired disability examiner an average of 2 years to become proficient at processing most initial claim workloads.
• Telework and Communication with Claimants – During the pandemic, most DDS employees teleworked, so the DDSs needed to adjust to how they processed certain workloads. SSA provided the DDSs with basic cellular telephones to communicate with claimants, but claimants were wary of answering the calls as the telephones’ caller identification did not show the incoming call was from a state agency.
• Policies and Procedures – During the pandemic, SSA updated policies and procedures on how the DDS should operate. The updates included combined instructions with the field office, which confused some DDS employees about what pertained specifically to DDS processes.

Numbers Please

      The common wisdom is that claimants receive the same decision whether their hearing is in person, over the telephone and by video but do we really know? We think we know that the rate at which claimants were approved did not decline, at least to a significant extent, when the pandemic began and the switch was made to telephone hearings but do we know this for sure? I don't recall ever seeing any numbers from the Social Security Administration. A 2% difference probably wouldn't be enough to be noticeable without numbers from a database but a 2% change is not insignificant for a claimant. For that matter, numbers from the beginning of the pandemic are not the same as numbers from the current environment in which claimants can choose the method, although maybe "choose" should be in quotes since many law firms and other representing claimants -- and not just national firms -- always advise phone or video, mainly because it's more convenient for them. I doubt that the differences between phone, video and in person are great but we ought to get the numbers. 

    I have to say, though, that there will be confounding elements to the numbers, if we ever see them. In person is now the default mode. That's where a claimant ends up if he or she doesn't make a choice but unresponsive claimants certainly get denied at a higher rate than claimants who choose a method for their hearing. Also, the selection of video is one generally made by better educated claimants. Their chances of success may be different than for less well educated claimants who can only do telephone hearings. Yes, many, perhaps most, Social Security disability claimants lack the technical skills to download an app, register with the app and then access the app when the time comes for their hearing. There's also the problem that those who live in small towns and rural areas are more likely to select telephone or video since they have to travel farther for an person hearing than those who live in urban areas. Rural and urban claimants don't necessarily get approved at the same rate. Rural claimants, on average, have lower educational levels and less access to health care than their urban cousins.

It's Been Slow Lately

     You may have noticed that I'm not posting much recently. That doesn't have to do with me. There is little to report. Things aren't changing for good or ill. Some of this is Congress. They're doing little with Social Security. Oversight hearings seem to be nearly a thing of the past. There's no hope of passing Social Security legislation. Some of it may be due to lingering effects of the pandemic. Until recently, there was little time to develop new policies for anything other than coping with Covid. Policy development was and is difficult anyway with people working from home most of the time. However, I think a lot of the torpor at Social Security has to do with the fact that there's no confirmed Commissioner of Social Security. An Acting Commissioner can't lead in the same way that a confirmed Commissioner can. Yes, there's a real potential for bad new policies as well as good with a confirmed Commissioner but sitting dead in the water for years on end isn't good for the agency or the people it serves. The lack of action on an occupational information system is one prominent example of the lack of leadership at Social Security.

    So, why hasn't the President nominated a new Commissioner?

Video CEs To Continue On Limited Basis

     Prior to the Covid pandemic, the Social Security Administration used video technology to perform consultative medical examinations (CEs) -- to help evaluate disability claims -- on a very limited basis. For understandable reasons, the agency has made much more extensive use of video technology for CEs during the pandemic but the pandemic is waning. The President has declared that the Public Health Emergency will end on May 11, 2023. Social Security has just issued an Emergency Message detailing how it will use video technology for CEs after May 11. They will use video technology only for psychiatric CEs, psychological CEs without standardized testing and speech and language CEs. The claimant must agree to the video CE.

Fewer Applications Where There Are Fewer Field Offices

     From Does the Drop in Child SSI Applications and Awards During COVID Vary by Locality? a study by Michael Levere, Jeffrey Hemmeter, and David Wittenburg:

Child applications and awards for Supplemental Security Income (SSI) fell sharply at the outset of the COVID-19 pandemic. Cumulative applications from April to September 2020 were about 30 percent lower than applications over the same period in 2019. Yet the decline varied substantially across local areas. In this paper, we explore the factors correlated with the change in applications and awards at the beginning of the pandemic.

The paper found that:

• The restriction of in-person services at all Social Security Administration (SSA) field offices in March 2020 played an important role in changes in SSI applications; counties with their own field offices, where the change in service availability is largest, experienced larger declines.
• The pandemic’s myriad disruptions to social and service networks through which people may learn about SSI also contributed to declining applications, as declines were largest in counties with more children that participated in SSI before the pandemic and in counties where more people had a self-identified disability.
• New macroeconomic stabilization policies such as economic impact payments and supplemental unemployment insurance payments also appear to have led to fewer child SSI applications. Counties with larger employment reductions early in the pandemic, which likely benefited most from these stabilization policies, subsequently also had fewer SSI applications.

Mask Requirement Lifted?

     I haven't been there yet myself but I'm told that at least one local hearing office has dropped the mask requirement. Does this apply at all Social Security offices? The plexiglass shields are still present in the hearing rooms, however. I find those to be more of a nuisance than masks.

Covid And Social Security Disability

     From CNN:

... Pandemic issues and budget cuts at the Social Security Administration, which handles SSDI claims, have resulted in the lowest staffing levels in 25 years, according to the Center on Budget and Policy Priorities. That has kept long Covid cases backlogged. ...

People with long Covid “were less likely to be employed full time and more likely to be unemployed” due to the “presence of cognitive symptoms,” according to a recent study in the medical journal JAMA Network Open. 

A January study from the New York State Insurance Fund found that 18% of long Covid patients in that state have not been able to return to work for more than one year. ...

The Department of Health and Human Services estimates $50 billion in annual salaries in the US is lost annually due to long Covid. A Brookings analysis puts that total at an even higher number: a staggering $170 billion lost by workers. ...

[F]or many long Covid patients, [applying for Social Security disability benefitl] remains an ordeal on many levels, including the mental anguish of simply trying to cut through a notoriously bureaucratic federal disability application process.

“I feel like we’re being erased,” said Sarah Steinberg, 40, a Covid “long-hauler” and self-employed architectural designer. Disabled by long Covid since March 2020, she lives with her spouse and their 7-year-old son in Portland, Ore. 

Unlike workers whose jobs offer benefits packages, some freelancers like Steinberg say they find themselves locked out of benefits like health, dental, life, and short- and long-term disability insurance. ...

[N]early three years into the pandemic, long Covid still isn’t included on SSA’s listing of qualifying disabilities. ...

“Trying to apply for SSDI makes doing your taxes look like a kindergarten watercolor painting,” [a disability expert] said. “It’s well known that you usually have to apply multiple times. It can take years.”  ...

Some Listings Will Become Harder To Meet

     Social Security's musculoskeletal Listings will become harder to meet this November. As written many of these Listings require that all relevant criteria be present simultaneously or "within a close proximity of time." Because of the Covid-19 pandemic this became hard to prove since access to healthcare, particularly in person health care, became more difficult. In July 2021 Social Security adopted a temporary rule loosening these requirements until "6 months after the effective date of a determination by the Secretary of Health and Human Services under section 319 of the Public Health Service Act, 42 U.S.C. 247d, that the national public health emergency resulting from the COVID-19 pandemic no longer exists." Newspapers are reporting that the President plans to issue an order ending the public health emergency on May 11, 2023. Thus, the Listings will become harder to meet as of Veterans Day in November. 

    The musculoskeletal Listings have been too hard to meet even with the temporary rule in place suspending some of their worst aspects. They will become even more harsh. They need re-examination.

Time To Loosen Up?

     There are a lot of acrylic shields in place in Social Security hearing rooms. They're a pain in the neck for those participating in hearings in person. It can be hard to hear. I believe there are also a lot of acrylic shields in Social Security field offices. Is it time for them to go? Are they still needed?

Disability Claims In The Time Of Covid -- Or Any Other Time

     From County-Level Drivers Of Disability Benefit Claims In Times Of Covid-19 by R. Vincent Pohl and David R. Mann:

... Counties that were closer to as SSA field office experienced larger declines in SSI and SSDI application and award rates between 2019 and 2020 compared with counties further away from the nearest field office.

SSDI application rates grew more in counties with a larger increase in unemployment rates.

Changes in SSI and SSDI application and award rates were not consistently associated with levels of COVID-19 cases and deaths. ...

Applying for disability benefits in person at an SSA field office seems to be an important factor. When field offices closed early during the pandemic, it affected potential applicants for SSI and SSDI who would have otherwise likely applied in person and were less likely to do so due to field office closures.  ...

    I don't understand how they can say that SSDI application rates "grew" more in areas with high unemployment when application rates were actually declining. Maybe they declined less in areas with more unemployment but they weren't going up.