Work Without Worry Act

      From a press release:

Senate Finance Committee Chairman Ron Wyden, D-Ore., and Senator Bill Cassidy, R-La., today introduced legislation to remove a Social Security work disincentive for Americans with disabilities. The Work Without Worry Act would allow Americans with disabilities to work to their full potential without causing them to lose out on higher Social Security benefits. ...

If an adult has a severe medical condition that began before age 22, they may be eligible for a Social Security benefit called the Disabled Adult Child (DAC) benefit. Their benefits are based on their parent’s Social Security earnings, in the same way that benefits of a child under age 18 would be. However, under current law some of these young adults fear that if they try to work they will lose future DAC benefits, which are often higher than any benefit they may qualify on their own. This fear inhibits the ability of Americans with disabilities to explore their ability to work as they transition to adult life.

The Work Without Worry Act promotes financial security by ensuring that any earnings from work – no matter how much – will not prevent an individual from receiving a Social Security DAC benefit from their parent’s work history if they have an eligible medical condition that began before age 22. This bill treats all individuals with severe medical conditions that began before age 22 the same – no matter when their parents claim Social Security benefits. This change is estimated to increase Social Security benefits by $100 million and improve the lives of nearly 2,000 individuals with disabilities over the next 10 years.

Additional original co-sponsors include Senators Sherrod Brown, D-Ohio, Amy Klobuchar, D-Minn., Bernie Sanders, D-Vt., Pat Leahy, D-Vt., Jeff Merkley, D-Ore., and Bob Casey, D-Pa. The House of Representatives introduced a companion bill today, led by Congressman John Larson, D-Conn.

     Why don't we get rid of the marriage penalty for DAC recipients while we're at it.

News Coverage For House Social Security Subcommittee Hearing

      There's been little attention paid to the hearing held this week by the House Social Security Subcommittee. Here's one news article, however. Unless the Senate does something about the filibuster, it's impossible for any legislation of consequence to pass.

Normal Phone Service At Social Security

      Social Security says it's not answering its phones today because of the Juneteenth holiday. I guess that makes it about the same as any ordinary workday.

GAO Report On ALJ Productivity Expectations

 

      From Process Needed to Review Productivity Expectations for Administrative Law Judges by the Government Accountability Office (GAO):

The Social Security Administration’s (SSA) administrative law judges review, process, and adjudicate requests for hearings on disability benefits. In 2007, the agency set an expectation—which SSA reported was based on trend data and some regional managers’ input—for judges to issue 500-700 dispositions(decisions and dismissals) each year, and the extent to which they have met this expectation has varied over time. SSA did not document the expectation-setting process in 2007, nor has it formally reviewed the expectation since. Judges in discussion groups held by GAO questioned the basis of the expectation and 87 percent of judges GAO surveyed (47 of 54) said the expectation was too high. ...  

Judges in selected hearing offices cited a variety of factors affecting their ability to meet the annual expectation. The top factor cited by judges GAO surveyed was the size of case files, which have increased five-fold on average since the expectation was established, according to SSA data. ...  

SSA monitors judges’ productivity and takes various actions when expectations are not met, ranging from informal conversations to formal discipline. In addition, judges in 11 of 13 discussion groups viewed telework restrictions as a consequence for not meeting expectations. Additionally, judges GAO surveyed reported feeling pressured to meet the expectations. For instance, 87 percent ofjudges surveyed (47 of 54) said that SSA placed too much emphasis on productivity, and some expressed concerns about their work quality and work-life balance. SSA officials said they do not formally seek feedback from judges onthe expectations. However, without feedback or other gauges of pressure, SSA lacks information that could help it appropriately balance timely case processing while maintaining high-quality work and employee morale. ...

      Social Security cannot continue to ignore the dramatic changes in disability claim files nor can they continue to blindly pressure ALJs to do the impossible.

     It's not just ALJs who are affected by the dramatic increase in the size of Social Security disability claim files. It's also the attorneys who represent the claimants. We not only have to read all those records but we have to obtain many of them. And we have to do this at a time when our fees have been effectively cut by the failure to increase the fee cap. If there is a dramatic increase in the number of Social Security disability claims filed next year, as seems likely, I'm not at all sure that there will be attorneys available to represent them. The pandemic plus the effective decrease in attorney fees have left Social Security attorneys in a seriously weakened financial position and unlikely to increase their staffing.

Last Minute Surprise: Tomorrow Is A Federal Holiday

      It's amazing that tomorrow, June 18, may or may not be a federal holiday. Congress has passed legislation that would make Juneteenth a federal holiday. Apparently, the President will sign the legislation at 3:30 this afternoon. If that happens, I don't know how tomorrow isn't a holiday since that's what the legislation requires and apparently the legislation is effective immediately.

     I'm happy that Juneteenth will be a holiday. However, adopting this new holiday without any lead time is bizarre. Just in Social Security terms, there are many thousands of individuals who have appointments scheduled with Social Security tomorrow. For that matter, many thousands of federal employees won't get word about this new holiday before tomorrow morning.

     Update: Now it's official. The Office of Personnel Management has tweeted that tomorrow will be a federal holiday.

Social Security Concedes That It Must Reopen Negotiations With ALJ Union

     From Government Executive:

The Social Security Administration on Tuesday announced that it would abide by an arbitrator’s decision ordering the agency to completely restart negotiations with a union representing its corps of administrative law judges.

Last month, Arbitrator John T. Nicholas found that management at the agency engaged in unfair labor practices, including illegally forcing matters to impasse and engaging in surface level bargaining, when negotiating five different articles of its contract with the Association of Administrative Law Judges. The decision marked the third instance where an independent arbitrator found evidence of malfeasance on the part of the agency’s negotiating team in relation to its negotiations with the judges union. ...

“The union was pleased to see that the agency has finally relented and will comply with the arbitration award,” McIntosh said. “For some time, Commissioner Saul and Deputy Commissioner Black clung to the ill-gotten gains of the Trump-era union busting [impasses] panel order. This notification signals that they concede it is not possible to enforce it against us.” ...

Law Firm Lays Off 76

      Pond Lehocky Giordano, a Philadelphia law firm concentrating in workers compensation and Social Security, is permanently laying off 76 employees, apparently due to financial stresses brought about by Covid-19.

We Need Social Security Employees Back In Their Offices

      You can read many comments to this blog asserting that Social Security employees have been just as productive working from home as they were in the office. Some even assert they're more productive. This could be true of some components of the agency but I think it needs to be made clear that this is emphatically not the case when it comes to the agency's field offices and its payment centers where claims for Title II benefits are processed. 

     To assess how well these components have fared with employees mostly working from home you have to look first at workload. Workloads are down considerably. SSI claims, which are taken and implemented by the field offices, were down 29% for the time period July 2020 to April 2021. For that same time period, Title II disability claims, which are taken by the field offices and implemented at the payment centers, were down 17%. Yes, retirement claims haven't been down, but come on, we all know those take little time to process. It's the disability claims that take all the time. Despite this major downturn in workload, backlogs have soared at the field offices and payment centers. 

     The explanation given by some posting comments on this board for the soaring backlogs is that they can't get the work done because they normally get a lot of work done using overtime and there's been little overtime this fiscal year. While a lack of overtime certainly isn't helping, it doesn't explain the soaring backlogs. Total workyears, including overtime, for Social Security itself (not including the Disability Determination Services) were down from 64,056 in FY 2019 to 61,553 in FY 2020 and to 60,905 in FY 2021. That's a very significant 5% decline in workyears from FY 2019 to FY 2021. However, remember that workloads for the field offices and payment centers declined significantly over this time period. You should also know that the agency has been able to shift overtime hours from hearing offices to other components as hearing office backlogs have declined.

     Social Security employees and their unions can give whatever explanations they want but I'm on the receiving end of the agency's services. It's obvious to me that field office and payment center backlogs have soared during the pandemic even though workloads are down. I can't think of any rational explanation other than lower productivity caused by most employees being on 100% telework. 

     I'm not interested in hearing: 

• What about ventilation?
• What about variants?
• Telework is the future.
• Social Security can cut the office space it rents if employees can all work from home forever.
• Commuting is dangerous and difficult.
• Andrew Saul is a jerk.
• Lots of employees are going to quit if they're forced to return to the office.

     Enough already! The work isn't getting done. The current situation isn't sustainable. Allow employees some telework but Social Security employees need to get vaccinated and to get back to the office.

Biden Administration Tells Agencies To Negotiate Re-Opening With Unions

      From Fedweek:

New workplace planning guidance from the Biden Administration stresses in several places that agencies must “satisfy any applicable collective bargaining obligations, and provide ample notice to any affected employees,” before making changes.

The joint OMB-OPM-GSA memo notes President Biden’s executive order stating that it is the policy of the government to “encourage union organizing and collective bargaining.” It does not specify issues over which agencies must bargain nor what form bargaining should take; formal negotiations for example might be drawn out over weeks.

“Labor relations obligations may be addressed issue by issue for aspects of the agency’s overall plan for reentry and post-reentry. For example, an early issue to surface to employee representatives may be the agency’s plan for ample notice to employees. Also, for example, an agency may decide to engage with employee representatives on aspects of its post-reentry personnel policies separate from labor relations engagement on the updating of the agency’s COVID-19 workplace safety plan,” it says.

After that, employees who will be returning to the physical workplace or who will have altered work schedules should be given advance notice; the length can “vary based on the effect of the change on particular employees” but normally would be at least 30 days. …

     It would help if there were some basic trust between labor and management at Social Security but there isn’t. It would also help if the union would not be trying to keep employees working completely from home forever regardless of what that does to public service but I expect that's what they'll be asking for.  For that matter, does Social Security have to negotiate with the union over going back to the telework status quo ante Covid-19? That's not clear to me. In any case, I think a return to something like the telework status quo ante Andrew Saul to be more likely.

NADE Newsletter

      The National Association of Disability Examiners (NADE), a voluntary organization of employees who make disability determinations for Social Security at the initial and reconsideration levels, has released its Summer 2021 newsletter.

No Sunset On The Eric Conn Fiasco

      There's a new book out that deals in part with the Eric Conn fiasco, Twilight In Hazard, by Alan Maimon.

Happy Birthday APA

  

     Today is the 75th birthday of the Administrative Procedure Act (APA). The APA has been enormously influential. Most states have adopted their own APAs.

     I don't think the Social Security Administration has ever explicitly acknowledged that the APA applies to them but it has certainly influenced them. On the other hand, the APA was based to some extent on practices already followed at Social Security.

Disability Claims Projected To Soar

 

From Social Security's Budget Projections

Budget Projections

       Some excerpts from Social Security's budget projections (bolded) with my comments:

     "The Budget would increase staffing for frontline operations including State DDSs by over 6 percent." -- You say that as if frontline staffing is your real priority but if the agency gets what's proposed, its funding goes up by almost 10% but staffing only increases by 6%.

      "Over $2.7 billion for current staff, additional hiring, and other expenses for the State DDSs to make our disability determinations. This amount includes funding for 1,300 additional employees we are hiring in FY2021, an increase of about 10 percent." -- OK, so DDS staffing goes up 10%, which corresponds with the 10% increase in the budget. However, "frontline staffing" which includes DDS only goes up 6%. If I'm doing the math correctly, this means that "frontline staffing" apart from DDS goes up by a lot less than 6%. 

     "More than $2.1 billion for IT services funding to help us maintain and continue modernizing our large IT infrastructure, as well as increase our digital and automated services." -- The FY 2021 IT number was $1.9 billion so the projection is for an 11% increase which is a bit above the approximately 10% overall budgetary increase. However, contrast this with the 6% increase in frontline staffing and you get an idea of management priorities.

     Overtime:

• FY 2020 (actual) 1801 FTEs 
• FY 2021 (projected) 1,155 FTEs 
• FY 2022 (projected) 1,800 FTEs

 -- They expect to get a nearly 10% increase in funding but overtime will be slightly less in FY 2022 than in FY 2020. How do they expect to work off the backlogs at their field offices and payment centers? As we'll see below, the answer, at least for the payment centers, is that they don't expect to work off the backlogs.

      Disability claims receipts:

• FY 2020 (actual) 2,213
• FY 2021 (projected) 2,491
• FY 2022 (projected) 3,111

-- I don't understand the FY 2021 number. There have been far fewer disability claims filed in the current fiscal year than the last so why are they saying it's up? Anyway, they're projecting a 25% increase in disability claims in the next fiscal year. That's as good a guess as any but nobody knows. It could easily be a good deal more or less than that.

     National 800 number: Average speed of answer projected to go down from 15 minutes to 12 minutes. -- That still sucks

     Office of Hearings Operations Production per Workyear: 

• FY 2020 (actual) 93
• FY 2021 (projected) 80
• FY 2022 (projected) 103

-- I don't know what these numbers mean but if the are meaningful, they're saying that productivity at the hearing offices has taken a major hit during the pandemic but will soar in the next fiscal year. If these numbers mean anything, OHO employees should knock off the talk about how they've been just as productive working from home. Also, it would be nice if we had productivity numbers for other agency components.

     "We plan to hire ALJs by the end of FY 2022 to ensure we have adequate resources in our hearings operations." -- I think you may need them sooner but I'm glad you're planning for this. I hope you haven't forgotten that you need additional staff to go with those ALJs. Also, remember it takes time to hire and train people.

     "In FY 2022, we plan to reduce the PC backlog from 4.2 million actions to 4.14 million actions." -- That's almost no improvement in the backlog. Sounds like the payment centers aren't your priority.

     In FY 2022 the agency expects to " Begin nationwide rollout of the modern HACPS that increases the accuracy and efficiency of disability case processing for our hearings offices and Appeals Council." -- What is HACP? How does it increase accuracy and efficiency?

House Social Security Subcommittee Finally Schedules A Hearing

     From a press release:

 House Ways and Means Social Security Subcommittee Chairman John B. Larson announced today that the Subcommittee will hold a hearing on “Equity in Social Security: In Their Own Words,” on Tuesday, June 15, at 2:00 PM EST.

     Note that it appears that this is not an oversight hearing. It sounds like there would be no witness from the agency.

More On Budget

     From CNBC:

President Joe Biden’s 2022 budget could give the Social Security Administration a $1.3 billion — or 9.7% — boost in funding. ...

The money would allow the Social Security Administration to pursue a host of improvement efforts, Social Security Administration Commissioner Andrew Saul said in the agency’s budget overview. ...

The money could help reduce the hearings backlog, bringing the annual average processing time for a decision down to 270 days in fiscal year 2022 from 386 days in fiscal year 2020 , according to the Social Security Administration’s estimates.

It could also help increase the number of initial disability claims completed by 720,000 – to 2,757,000 in fiscal year 2022 from 2,037,000 in fiscal year 2020.

The 800 number wait times could also drop to 12 minutes in 2022 from 16 minutes in 2020. ...

More than $5 billion of the proposed $14.2 billion budget would go to payroll costs for frontline employees who work at the administration’s field offices, 800 phone number and processing centers, according to the Social Security Administration.

Additionally, more than $2.7 billion would be earmarked for disability determinations, including existing staff, new hires and other expenses at state disability determination centers. The administration plans to maintain the 10% increase in staff — or 1,300 additional employees — that it took on in the 2021 fiscal year.

More than $2.1 billion would fund the modernization of the administration’s IT infrastructure.

Another $1.7 billion would pay for the expansion of the anti-fraud disability investigations program, as well as the completion of program integrity reviews.

More than $1.1 billion is slated for payroll costs for employees in the hearings division.

 In addition, $96 million would be dedicated to additional outreach for Supplemental Security Income, or SSI benefits. The goal would be to contact vulnerable people who are eligible for benefits, such as adults and children with disabilities, and the homeless.

Coming Today

      The government's brief in U.S. v. Vaello-Madero, a case pending at the Supreme Court, is due today. The issue in Vaello-Madero is whether it's constitutional to deny Supplemental Security Income (SSI) benefits to U.S. citizens who reside in Puerto Rico and other territories.

     President Biden has expressed support for legislation extending SSI to territories but there is little hope that legislation will pass. His Administration has not yet taken a position in Vaello-Madero. 

     The traditional principle has been that the Solicitor General, who handles cases for the federal government at the Supreme Court, should defend the constitutionality of any statute. Even before Trump came to office there had been exceptions to this princriple. The Trump Administration completely abandoned the tradition of defending the constitutionality of legislation it opposed. Joe Biden is a very traditional President but this case provides a strong temptation to abandon tradition. 

     The Solicitor General has already obtained two extensions of time to file a brief. In support of the last request for an extension of time, the Solicitor General said that "the brief requires consultation with a number of components of the government." 

     Extending SSI to Puerto Rico would be a big deal. There have been estimates that several hundred thousand people could qualify for benefits. Handling all those claims with no phase in and no time to prepare would be an enormous logistical challenge for the Social Security Administration that would affect operations across the entire country.

     Update: The government hasn't yet filed its brief but the President has released a statement saying that although he believes that SSI should be available in territories that his Administration will follow the conventional practice and defend the constitutionality of the statute.

     Further update: The Solicitor General had finally filed a brief. Don’t expect anything original in the brief. There’s a lot of talk about the income tax not applying to Puerto Rico and stare decisis.

Social Security’s First Home

 

Originally built for Coca Cola, the Candler Building in Baltimore was Social Security’s  first home

I Can’t Quite Figure An Explanation For This One

      From WKMG:

ORLANDO, Fla. – The Social Security Administration claimed a survivor of the Pulse nightclub shooting in 2016 was never eligible to receive disability benefits, despite being shot several times and unable to work.

Tony Marrero said the agency sent him letters claiming he had to refund the money, which amounted to $20,792. ...

Marrero said he endured several surgeries and a lot of pain after a gunman stormed the Orlando nightclub on June 12, 2016.

“I got shot four times in my lower back. The muscle was completely shattered and I had a hole in my back,” he said. “My left arm was completely shattered. I was supposed to lose this arm, but I didn’t give up, and I told the doctors to give it some time because I have movement in these two fingers.”

Marrero said his injuries prevented him from going back to work at one of the area’s theme parks.

“I could not work. I was out of work for a year-and-a-half,” he said. “I wasn’t able to walk. I wasn’t able to use this arm properly. Notw only that, I worked at a theme park, so psychologically and mentally, I wasn’t prepared to be around big crowds.” ...

Soon after he was cleared to return to work, Marrero said he started receiving letters from the Social Security Administration, which read: “Our records show you were not entitled to disability benefits.” ...

The agency claimed Marrero owed all of the money back and they also dinged his credit report, which has now prevented him from getting a mortgage. ...

News 6 contacted the Social Security Administration to ask why Marrero was retroactively denied benefits. ...

One day later, the agency contacted Marrero and said they were reopening his case. ...

One week later, Social Security contacted him again and told him they were clearing the $20,000 debt. ...

Hard To Think Of A Title For This One

      From the Bangor Daily News:

New allegations that late artist Robert Indiana sexually abused teenagers in the 1980s came to light during a Waldoboro man’s sentencing for Social Security fraud. 

Wayne Flaherty, 53, claims the unreported income he received from 2000 through 2018 outside of his Social Security checks came as “hush money” from Indiana, the Portland Press Herald reported.

Flaherty pled guilty in January and was sentenced to three years of probation with 240 hours of community service and ordered to pay the Social Security Administration $141,214 on May 20.

Flaherty’s lawyer, David Beneman, said in his sentencing memo that the more than $846,000 Flaherty received during that period was intended to keep him quiet about alleged sexual abuse that started when Flaherty was a teenager in the 1980s, the paper reported. ...