New ALJ Hiring?

     It's been less than a month since the President ordered that Administrative Law Judges (ALJs) would henceforth be hired as "excepted service" employees. Now we hear rumors that the Social Security Administration hopes to begin hiring new ALJs in the near future. If this is true, drawing up a plan to evaluate ALJ candidates and getting everyone at the agency on board so quickly is surprising. 

     There are essentially no limits on how "excepted service" hiring is done. The agency can get away with almost anything without breaking any law. 

     Haste combined with a lack of legal limits makes me worry.

     I hope everyone involved realizes that if Democrats get control of the House of Representatives after the November election, as now appears likely, the House Social Security Subcommittee will be holding a hearing on ALJ hiring early next year where Social Security officials will have to explain what process they have used or will be using. Here's some things that probably wouldn't go over too well if that hearing happens:

• A secretive process with no announced selection criteria
• A lack of public notice of job openings
• Political influence on the hiring process, such as candidates being hired because of recommendations from the White House or members of Congress
• ALJ jobs used to give a soft landing to Congressional staffers who lose their jobs if Democrats win control of the House of Representatives
• Ideological bias in the hiring process
• Job candidates being vetted by outside groups who are not otherwise involved with Social Security ALJs, such as the Federalist Society
• Personal favoritism in the hiring process
• A lack of diversity among those hired
• Hiring only from within the agency
• Lots of hiring of agency employees nearing retirement who only want to work as ALJs for a short time in order to increase their retirement benefits
• Using ALJ jobs to clear deadwood out of Social Security's Office of General Counsel or other parts of Social Security

Acting Commissioner Message On Wildfires

From: ^Commissioner Broadcast
Sent: Friday, August 10, 2018 8:27 AM
Subject: Wildfires in California

A Message to All SSA Employees 

Subject: Wildfires in California

You may have heard the news about wildfires in the northern California area.  These wildfires have burned more than 500,000 acres.  This natural disaster continues to devastate surrounding areas, affecting a number of our offices and employees.  The region has accounted for all employees and we are thankful that they are all safe. 

The Federal Emergency Management Agency and Department of Homeland Security continue coordinating efforts with local officials to provide much needed assistance.  Area fire and police departments are working to contain the spreading wildfires that forced closures, evacuation orders, and damage to the Ferguson, Carr, Crestline, Highland, Ranch, and River areas.  Our offices in Lakeport, Redding, Sonora, Merced, and Ukiah are all at different stages of recovery. 

Many Redding employees are providing staff support at the Local Assistance Center at the Shasta High School and continue to serve the public.  Our employees are processing replacement Social Security card applications, providing benefit verifications, changing addresses, and answering benefit questions.

I want to give a special ‘thank you’ to all of the brave men and women who are working tirelessly to contain the fires.  Let us also remember and honor those that lost their lives in the line of duty for the safety and protection of others.

I want to commend our personnel from the San Francisco Regional office and those who are on site assisting employees in recovery efforts.  Please keep all of those affected by these wildfires in your thoughts.

Nancy A. Berryhill
Acting Commissioner

Sentence Affirmed For A Conn Co-Defendant

     The United States Court of Appeals for the Sixth Circuit has affirmed the sentencing of Alfred Bradley Adkins, one of Eric Conn's co-defendants.

Eviction Of Unions Causes Problems For Social Security Employees

     Ailsa Change of National Public Radio reports on the problems caused by Social Security's evictions of unions from its premises.

SSA Wants To Remove Inability To Communicate In English As Factor In Disability Determination

     The Social Security Administration has asked the Office of Management and Budget to authorize the publication of proposed regulations on Removing Inability to Communicate in English as an Education Category. If approved by OMB, the proposed changes would be published in the Federal Register and the public could comment. Social Security could then consider the comments before asking OMB to authorize the publication of final regulations. Here's Social Security's summary of the proposal:

We propose to revise existing disability evaluation rules relating to the ability to communicate in English.  Specifically, we will clarify that an inability to communicate in English is not tantamount to illiteracy or inadequate verbal communication.  Rather, an inability to communicate adequately verbally or in writing in any language will be the effective standard.   The proposed revisions will reflect current research, analysis of our disability program data, Federal agency data about workforce participation, and comments we received from the public in response to an Advance Notice of Proposed Rulemaking.

     If you think this proposal is based upon "research" instead of rampant Republican racism and nativism, you're naive. Inability to communicate in English remains a serious obstacle to work particularly when added to other obstacles caused by illness.
     This is one of several proposals that may not advance if Democrats gain control of the House of Representatives in November.

They Need Help

Widow of a Conn client who committed suicide

     The struggle continues for many of Eric Conn's former clients. Social Security has expanded its target list. They're now going after more of his former clients. The hearings are starting up again.
     Kentucky attorneys have stepped up and are representing many of these unfortunate folks but the need is far beyond what Kentucky attorneys can handle.

     Don't think that if you volunteer that you'll be working with criminals (not that there's anything wrong with that). No one is accusing Conn's clients of being in on his scheme. Many of Conn's clients never met Conn. I represent several of Conn's former clients and can tell you that they're ordinary Social Security disability claimants.

     These cases can't be done on a fee generating basis because the claimants continue to receive benefits as they await new hearings and decisions from new Administrative Law Judges.

     You don't have to travel to Kentucky to represent one of Conn's former clients. You can participate in the hearing by video from your nearest hearing office.

     To volunteer, please contact Mary Going at AppalRed Legal Aid. Her e-mail address is mary[at]ardfky.org. Her phone number is 606-886-9876. There's a listserver where you can ask for and receive advice on representing Conn's former clients.

Mass AC Remands On Lucia Grounds Coming?

     From a revised version of Social Security's Emergency Message EM-18003 on Important Information Regarding Possible Challenges to the Appointment of Administrative Law Judges in SSA’s Administrative Process:

If a claimant or representative files a timely Appointments Clause challenge and timely requests Appeals Council review, the AC will consider the challenge in the context of the facts of the case (including, but not limited to, the date of the ALJ decision and the date the challenge was raised) in determining whether there is a basis to grant review. The AC will determine whether granting review is appropriate under 20 CFR 404.970 or 416.1470, or both, when considering both the decision on the merits and any potentially unresolved Appointments Clause issues.

In those matters where a timely Appointments Clause challenge to an ALJ decision issued prior to July 16, 2018 is raised to the Appeals Council in a proper request for review, the AC will grant review and issue a decision or order remand, as appropriate.

Immigration Helps Social Security

From Vox

I'm Not A Medicare Expert; I Just Play One On TV

     From Philip Moeller writing for PBS News Hour:

Sharilyn – Ind.: My daughter has cancer. She is on disability and Medicare. She is getting married in two months. Can she stay on Medicare or will she have to get on her new husband’s insurance?

Phil Moeller: If she is receiving Medicare through her Social Security disability, it will be her choice whether to continue it or, if available, choose to be covered by her husband’s health plan. She could even keep both, using one as primary and the other as supplemental, depending on which has the best benefits.

     How many ways can you mislead someone in two sentences? First, Moeller fails to mention the very real possibility that the daughter is on Disabled Adult Child benefits. If so (apart from a very unusual circumstance) marriage will end not just the Medicare but the cash benefits as well. That's more than a theoretical possibility since the question probably concerns a young woman. It is important to warn people who may be at risk about this trap. Second, no, you don't get to choose between Medicare and private healthcare insurance. If you're Medicare eligible, any private healthcare insurance is a secondary payer even if you decline Medicare Part B coverage. In other words, you better have Medicare Part B because your healthcare insurance won't pay for anything Medicare Part B would have paid for. You can't decline Medicare Part A. You don't have to pay a premium for Part A. The young woman needs to be told to ask her new husband's insurer about any options they would offer her but what they offer will only supplement Medicare, not substitute for it.

Don't Do That!

     From NJ.com:

Between December 2014 and July 2018, the government says, Nicholas Pao collected almost $100,000 in Social Security benefits.

The problem? The government alleges not only were they not his benefits, but that Pao, 37, abused his job with the Social Security Administration to get them. ...

Prosecutors said Pao, a technical claims expert at the agency's local office, used his credentials to access at least five individual accounts and make changes that caused them to be issued additional benefits.

Pao would change the beneficiaries' mailing addresses to that of a residence near him, from which he collected the Direct Express benefit debit cards mailed out by SSA, an investigator wrote in a criminal complaint. ...