Dec 17, 2022
Have Yourself A Merry Little Christmas
From a press release:
The U.S. Attorney’s Office for the District of Colorado announces Justin Skiff, age 36, of Castle Pines, appeared in U.S District Court today to face one count each of wire fraud, social security fraud, and money laundering
According to the information filed in this case, beginning in August 2019 and continuing through September 2021, it is alleged Skiff used his position as a claims specialist with the Social Security Administration (SSA), to fraudulently obtain money from the SSA. Skiff is alleged to have filed fictious claims for benefits using false identities and the identity of an actual individual to collect proceeds from these claims. According to court documents, Skiff’s actions ultimately led to the theft of approximately $310,601.44 from the SSA. …
Dec 16, 2022
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.
Dec 15, 2022
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.
Dec 14, 2022
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.
Dec 13, 2022
Dec 12, 2022
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.
Dec 11, 2022
Dec 9, 2022
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?
Dec 8, 2022
Dec 7, 2022
Dec 6, 2022
Redesigned SSA Web Site
The Social Security Administration has issue a press release saying that they've redesigned their website. The press release says that the agency's website is getting about 180 million hits a year.
Dec 5, 2022
At The Breaking Point
From Lisa Rein at the Washington Post:
Then one week in September came the unthinkable: 75,000 new claims suddenly were routed to an electronic queue already buckling under 2½ years of strain during the coronavirus pandemic. ...
The data obtained by The Washington Post paints a grim picture of the holdups claimants are confronting across the country. In Texas, it took 214 days on average in fiscal 2022 to process an initial application. Wisconsin took 227 days, up from 90 days in fiscal 2019. Florida’s average time has almost tripled to 225 days. Georgia is taking 246 days. And Delaware now holds the record for the longest wait: 261 days. The pileup of cases has driven a normally three-month wait for an initial review to at least seven, the data shows. But in states struggling most to catch up, it’s taking well over a year. ...
Dec 3, 2022
Annual Statistical Supplement Issued
Social Security has issued its Annual Statistical Supplement for 2022. This is the largest compendium of statistical information on agency programs.
Dec 2, 2022
DDS Refusing To Schedule CEs For ALJs -- How Widespread?
I and others in North Carolina are seeing cases where Administrative Law Judges try to order consultative medical examinations (CEs) but the state Disability Determination Services (DDS, which handles CEs in addition to making determinations on disability claims at the initial and reconsideration levels), refuses to schedule the exams, saying they don't think them necessary.
Is this happening in other states?
I don't particularly like them but sometimes a CE is necessary and ALJs don't order many of them so this seems surprising.
I don't think DDS should be second guessing ALJs on this, especially since it's often hard to understand why DDS schedules CEs themselves when they have jurisdiction over cases. It often seems to be a stalling device for disability examiners -- as in "I'm too busy to finish work on this case now so I'll delay by ordering a CE." I don't see ALJs doing that. Clean up your own house, DDS!
Dec 1, 2022
What About Those Allegations Of Retaliation Within OIG?
From the just released Semiannual Report to Congress by Social Security's Office of Inspector General (OIG):
Section 5(a)(20) of the Inspector General Act of 1978, as amended (IG Act), requires SSA OIG to provide a detailed description of any instance of whistleblower retaliation, including information about the official found to have engaged in retaliation and what, if any, consequences the establishment imposed to hold that official accountable. There are no known instances of retaliation to report for this reporting period.
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