An SSI Story

     I think I'll just follow up from time to time with stories about the delays in implementing SSI benefits as cases arise in my practice. 

    Today's story is about a claimant who was found disabled and eligible for SSI on October 19, almost two months ago. The claimant hasn't received any money yet nor has she been contacted by the field office for a PERC interview. When we call to ask what the holdup is, we're told that they need to do an evaluation to determine whether the claimant can handle her own money or needs a representative payee to handle the money for her. When we ask when this might be done, we're told that the matter hasn't been assigned to a field office employee yet. The claimant, like all SSI claimants, has an urgent need for the money. I guess you've also noticed that it's the Christmas season. Are the field office employees mean Scrooges? No, they're just overwhelmed with work.

Merry Christmas

 

The PERC Situation

     After an SSI claimant has been found disabled they must go through a Pre-Effectuation Review Conference (PERC) with a Social Security's field office before receiving benefits. They'll be asked about income and resources so that benefits can be correctly paid. Until the last year or so, my experience was that PERCs were done fairly quickly after a claimant was found disabled, generally within a couple of weeks. These should be done quickly. The claimants are poor and sick. Often, they need the money desperately. PERCs get homeless people off the streets, for instance. That's an urgent need.

    My experience is that the PERC situation has deteriorated badly, particularly over the last six months and that things are getting worse at an accelerating pace. I'm not talking about just one field office. It's several that I'm dealing with. It often takes two months or more to get a PERC. Even after the PERC, it can take many weeks before benefits are actually authorized. That's if everything goes smoothly. God help you if things go off the tracks even a little bit. This is horrendous service. And don't get me started on windfall offsets! I'm not blaming the employees. They know how to give good service. I'm sure they'd like to. They're just overwhelmed.

    How widespread is this problem? Does upper level management at Social Security have a handle on the PERC situation? Will anything other than a ton of overtime help?

    I don't want to imply that the payment problems are limited to SSI. There are also major problems getting Title II benefits paid once a claimant is found disabled but I'll save that for a later post.

Merry Christmas

 

Nice Try But I'm Not Buying It

    Nancy Altman, the President of Social Security Works and a past candidate for nomination to become Commissioner of Social Security, has written a piece for Common Dreams arguing for an end to the marriage penalty which terminates Disabled Adult Child (DAC) benefits for recipients who marry. I've been arguing for decades that the DAC marriage penalty is indefensible and should be abolished. Altman is arguing that President Biden should just order an end to the DAC marriage penalty because of the passage of the Religious Freedom Restoration Act which prohibits application of any federal law that substantially burdens religious freedom. The argument is that one's religion may demand marriage therefore making application of the marriage penalty illegal. Altman says that the Disability Rights Education and Defense Fund is trying to convince Social Security to adopt this view.

    My opinion is that this is a strained interpretation of the law that is unlikely to get anywhere. If nothing else, remember that marriage is both a civil and a religious institution but you can have one without the other. Many people choose civil ceremonies but it's possible to have the opposite, a religious wedding without obtaining a marriage license which leaves you without the legal rights and penalties that go along with marriage but with religious sanction for your marriage.

Merry Christmas

 

NADE Newsletter

     The National Association of Disability Examiners (NADE), an organization of personnel who make initial and reconsideration determinations for Social Security, has posted its latest newsletter. There's much in it about briefings they've received from Social Security officials.

Merry Christmas

 

Could We See A Commissioner Nomination Next Year?

     Democrats will have 50 Senators in the new Congress and Republicans 49. Senator Sinema will continue her effort to be the most complete flake possible as an Independent. She may or may not caucus with Democrats but this still leaves Democrats with a majority without needing the Vice President’s vote. That doesn’t sound like much of a difference from the current Congress but the Washington Post reports that the extra Senator makes plenty of difference, particularly with confirmation of nominations. Will President Biden finally nominate a new Commissioner of Social Security next year?

Merry Christmas