SSAB Supports O'Malley Nomination

     The four members of the Social Security Advisory Board, two of them Democratic appointees and two of them Republican appointees, have written to the Chairman and Ranking member of the Senate Finance Committee recommending swift approval of Martin O'Malley's nomination to become Commissioner of Social Security. 

    They also recommended that the six year terms for Social Security Commissioners end and that they serve at the pleasure of the President. I think it is beyond dispute that six year terms for Social Security Commissioners has been a bad idea which has led to the near impossibility of confirming Commissioners. In any case, due to recent Supreme Court rulings, Commissioners, in effect, serve at the pleasure of the President anyway.

    Let's get on with it. Endless Acting Commissioners aren't good for the agency.

Administering SSI Is Difficult

     From a recent report by Social Security's Office of Inspector General (OIG):

... Homes that SSI applicants and recipients own and reside in do not count toward SSI resource limits. The current market values of any properties other than their owned primary residences, referred to as non-home real properties (NHRP), are generally considered countable resources for SSI eligibility purposes.

In 2017, SSA introduced an electronic search application that employees are required to use in most cases to identify applicants’ and recipients’ real-property information. We reviewed 400 applicants/recipients who had real properties identified through the search application. Of these, properties were a determining factor for SSI eligibility and payments in 122 cases.

SSA employees did not accurately determine property ownership and/or values for 17 (14 percent) of 122 SSI applicants/recipients. As a result, applicants were possibly denied SSI when they should not have been, and recipients received SSI payments for which they were not eligible. Of the 17 applicants/recipients:

• 4 applicants may have been incorrectly denied SSI. SSA needs to further develop these cases to verify the applicants’ SSI eligibility, and
• 13 recipients received over $180,000 in SSI payments for which they were not eligible.We determined employees did not correctly determine the applicants’/recipients’ countable resources, including reviewing for prior ownership. In addition, SSA employees did not add required documentation in SSA’s records to support their real-property determinations for these 17, and 43 other, cases.

We project 1,204 applicants may have been improperly denied SSI eligibility, and 35,885 recipients were improperly paid because SSA employees made inaccurate real-property determinations. ...

Labor Day 1956

 

The expansion of Social Security was the creation of Disability Insurance benefits.

More Union Support For O'Malley Nomination

     From Government Executive:

A coalition of 35 labor unions that represent federal workers last week joined the chorus of stakeholders endorsing former Maryland Gov. Martin O’Malley to serve as commissioner of the Social Security Administration and urged senators to move quickly to confirm him to his post.

The Federal Workers Alliance, which consists of a variety of labor groups collectively representing more than 550,000 federal workers and postal employees, including the International Federation of Professional and Technical Engineers, the National Federation of Federal Employees and the National Treasury Employees Union, announced their support in an Aug. 25 letter to senators. ...

AI And White Collar Social Security Jobs: Part III

     Here's the third and final installment in my series on what Chat GPT can do in a Social Security context.

Request: Write a 10 line poem in blank verse on the subject of Social Security

Chat GPT Response:

Amidst life's journey, a safety net unfurls,

Social Security, a promise held firm.

A shelter for the elders, time's weathered crew,

Their toil remembered, their dignity due.

A woven tapestry of care and grace,

Support in twilight years, a steadfast embrace.

Contributions sown as seeds for the age,

Harvested in retirement, a just wage.

Through cycles and years, its shield endures,

Social Security, a nation's pledge secures

    I'd call this impressive. Of course, if you read anything about Chat GPT you’ll quickly learn about the app’s ability to write poetry. For me, I couldn't write even one couplet in blank verse. One of the questions I ask my clients is "Do you have any hobbies?" It never ceases to amaze me that a not insignificant number of people answer "Writing poetry" and some of those people lack even a high school education. I think there's a poetry gene that I didn't inherit.

 

Speech Analytics Technology In Use At SSA

     Social Security's Office of Inspector General (OIG) has issued a report on Controls over the Social Security Administration’s National 800-number Service During the COVID-19 Pandemic. It should surprise no one that the controls started off rough and got better with time. What I found interesting is information about a method the agency is using to evaluate telephone service:

... Speech analytics is a method, separate from service observation, designed to improve the efficiency and quality of service 800-number employees provide to the public. SSA’s speech analytics technology, which it began using in April 2017, converts recorded 800-number calls to a text format. SSA uses it to pinpoint patterns for further research and analysis via manual process. Employees in the Office of Customer Service and/or teleservice centers apply such criteria as words, phrases, or duration of calls to search the converted text to identify calls that should be referred to regional management for further evaluation. Calls can be identified through speech analytics based on the use of derogatory terms, a disconnected call that did not assist callers, and employees not responding to callers during the call. ...

AI And White Collar Social Security Jobs: Part II

     Continuing on with my series on what Chat GPT can do in the Social Security context, here's another question and answer:

Question: I am an attorney representing a Social Security disability claimant. She is 56 years old, has a 10th grade education and has worked for the last 20 years as a CNA. She has two bad knees and is a diabetic with peripheral neuropathy. What arguments can I use to prove disability?

Chat GPT Answer: Given your client's circumstances, you could use the following arguments to prove disability:

1. **Medical Evidence**: Gather detailed medical records, test results, and doctor's assessments that clearly document her knee problems, diabetes, and peripheral neuropathy. Highlight any treatments, medications, surgeries, or therapies she has undergone to manage these conditions.

2. **Functional Limitations**: Describe how her medical conditions impact her daily life and ability to work. Highlight how her knee pain and neuropathy limit her mobility, standing, and ability to perform physical tasks required in her previous job as a CNA.

3. **Vocational History**: Emphasize her 20 years of work as a CNA, and how her conditions now prevent her from performing the physical demands of that job. Discuss any attempts she may have made to continue working despite her disabilities.

4. **Transferable Skills**: Evaluate whether her skills from being a CNA can be transferred to a less physically demanding job, given her current limitations. If not, this strengthens the argument that she is unable to work.

5. **Age and Education**: Her age and education level can be factors in proving disability. Explain how her limited education might restrict her ability to transition to a new job that requires less physical activity.

6. **Residual Functional Capacity (RFC)**: Obtain a detailed RFC assessment from a medical professional, outlining her ability to perform work-related activities. This can provide clear evidence of her limitations.

7. **Consistency of Treatment**: Highlight any inconsistencies in her medical records or treatment history that might suggest her conditions have not been managed consistently.

8. **Expert Opinions**: If necessary, seek expert opinions from medical professionals, vocational experts, or disability specialists who can testify to her inability to work based on her medical conditions and limitations.

9. **Impact on Daily Living**: Describe how her disabilities affect her ability to perform everyday tasks like cooking, cleaning, shopping, and personal care. This can provide additional evidence of her limitations.

10. **Social Security Blue Book**: Refer to the Social Security Administration's "Blue Book" that outlines the specific medical criteria for qualifying as disabled. Match her medical conditions to the relevant listings.

Remember, the key is to build a comprehensive case that demonstrates how her medical conditions substantially prevent her from engaging in substantial gainful activity. Consulting with legal experts experienced in Social Security disability claims can further enhance your client's chances of success.

    Duh, I'm looking to prove this lady is limited to sedentary work and I may have a good shot at it given the facts I've mentioned. So, why couldn't Chat GPT give more than an extremely generic answer which doesn't speak to the facts I've given? I'd have to give this answer a failing grade -- my job seems secure -- but stay tuned. Part III shows Chat GPT doing something that's impressive in its own way.

More In-Office Work For Some Managers

    From Federal Times:

The Social Security Administration announced Monday that the agencies’ managerial corps will be required to work in-person four times per two-week pay period, starting in the coming months.

A spokesperson confirmed the announcement applies only to senior executives effective Oct. 2 and managers and supervisors with a headquarters duty station on Nov. 6. The agency did not elaborate on why that decision was made. ...

New Proposed Regs In Pipeline

     The Social Security Administration has sent a set of proposed regulations to the Office of Management and Budget (OMB) for approval. Here's the description, limited as it may be:

We propose to develop intermediate improvements to reduce the burden in our current disability adjudication process as a step towards longer-term reforms to ensure our disability program remains current and supports equitable outcomes. Actions could include decreasing the years of past work we consider when making a disability determination, as well as other potential regulatory changes.

AI And White Collar Social Security Jobs: Part I

     There's been talk lately of Artificial Intelligence (AI) taking over white collar jobs. I thought I would take a look at what Chat GPT, the widely available free AI app could do in the Social Security context. In Part I of a three part series this is a question I asked and the Chat GPT response:

Question:  What kinds of disability benefits does the Social Security Administration offer?

Answer: The Social Security Administration offers several disability benefits programs, including Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). SSDI provides benefits to disabled individuals who have worked and paid Social Security taxes, while SSI offers assistance to disabled individuals with limited income and resources. Additionally, there are programs like Disabled Adult Child (DAC) benefits for adults with disabilities who were dependent on a parent's Social Security earnings, and Compassionate Allowances for faster processing of severe medical conditions. Keep in mind that eligibility criteria and benefits can vary, so it's best to check the SSA's official website for the most up-to-date information.

    It missed Disabled Widow and Widower benefits which is not good. On a more obscure note, it missed that disability benefits for blindness are a separate category in both Titles II and XVI of the Social Security Act.

Gruber Passes

      Theresa Gruber, who was Deputy Commissioner for Hearings Operations, has passed away at the age of 54. No cause of death is listed.

     Gruber had been the subject of an article in the Washington Post on July 12 of last year. The article revealed that Gruber had displayed "significant anomalies" at work over the course of at least a year, including slurred speech in which she "appeared intoxicated,leaving meetings without notice, slouching in her chair and aggressive behavior.” Shortly thereafter, Gruber left her position.

A Top Ten List

     It's a slow time in the world of Social Security, so here's a list of the top ten most read posts on this blog in the last twelve months. The number given is for those who went straight to the post, perhaps as a  result of receiving a link in an e-mail or seeing the link listed in some other forum,  rather than going on the blog generally and reading the post listed here along with others.

1. Shakeup At Social Security

3.59K

 

2. Now Now. Not Later. Not Ever.

2.24K

 

3. SSA Ranks Poorly As Employer

1.7K

 

4. A Poll

1.67K

 

5. Broadcast E-Mail On Morale

1.64K

 

6. O'Malley Nominated To Be Commissioner Of Social Security

1.44K

7. Union Negotiations Start On Monday

1.4K

8. Workforce Decline Continues

1.29K

 

9. You Know, Maybe We Should Do Something About This

1.22K

10. Kim Receives Award

1.2K

Proposed Regs On ISM

      I’m not going to try to explain it but tomorrow Social Security will publish proposed regulations to alter the In-Kind Support and Maintenance (ISM) rules that reduce Supplemental Security Income benefits by one-third if an individual receives reduced cost food and shelter. The proposal is to apply nationally standards that already exist in several states as a result of litigation. The proposal would reduce the number of individuals affected by the ISM rules. That’s a good thing. Of course, the ISM rules ought to be abolished altogether but that would take legislation.

     Let’s get this into effect well before next year’s election.

Signature No Longer Required On One Form

     From Emergency Message EM-23054:

This emergency message (EM) notifies technicians that we no longer require a signature on any version of the SSA-455 [a Continuing Disability Review form sent to claimants]...

SSA recently received OMB [Office of Management and Budget, whose pro forma OK is required before changing forms] approval to discontinue the requirement for a signature on the CDR Mailer form SSA-455 and SSA-455-OCR-SM. The latest inForm Library version of the SSA-455 has been updated to remove the signature box. ...

     If we can dispense with the signature requirement on this form, can't we dispense with some other signature requirements or at least verification of electronic signatures? There's a lot of field office time wasted on this.

Ready To Move On?

online polls

AFGE Backs O’Malley Nomination

      It comes as no surprise but the American Federation of Government Employees (AFGE), the largest union representing Social Security employees, has announced its support for the nomination of Martin O’Malley to become Commissioner of Social Security.

Mortality, Disability and Work

     From the Social Security Advisory Board:

The Board will hold an event on “The Future of Mortality, Disability, and Work: Helping to Inform the Social Security Trust Fund Projections” on Friday, August 25, 2023, from 9:45 am to 3:30 pm ET. The forum begins with opening remarks followed by two panels on mortality and disability, respectively, an hour break between 1 and 2 pm, and a third     panel on work.

Register for the Event

Each year, the Board of Trustees reports to Congress on the current and projected financial and actuarial status of the Old-Age and Survivors Insurance (OASI) and Disability Insurance (DI) programs. The Social Security Administration’s Office of the Chief Actuary (OCACT), on behalf of the Trustees, projects future OASDI program cost and income based on assumptions about key demographic and economic variables affecting the number of people paying into and receiving benefits from these programs over time. This forum will bring together OCACT in conversation with other experts to consider the implications of recent research and scientific findings on future expectations for a subset of those variables—mortality, disability, and work. ...

ALJ Trends

     Social Security's Office of Inspector General has issued a report on Administrative Law Judge Trends.

    Below are three charts from the report. As always, click on the image to view full size.

What's Going On With The Investigation Of The IG?

     Faith Williams, Director of the Effective and Accountable Government Program at the Project on Government Oversight (POGO), has spoken with Federal News Network about the situation with Social Security's Inspector General. It's a bad situation. There's also a written report.

    When are we going to get some resolution? The investigation of the IG is going on and on. How many people are there to interview? How many documents have to be reviewed? Why is this taking so long?

SSI Application Drawing Congressional Attention

     The Chairman of the Senate Finance Committee, which has jurisdiction over Social Security, has written to the Acting Commissioner of Social Security to express concern over the process for applying for Supplemental Security Income benefits. The letter asks a number of pointed questions about what is going on.