Apr 12, 2024

O'Malley Trashed

     Mark Warshawsky, of the right wing American Enterprise Institute, has written an op ed for the Baltimore Sun trashing Social Security's Commissioner, Martin O'Malley. Warshawsky blames O'Malley for asking for greater operating funds for Social Security. He says that the increasing number of people drawing Social Security benefits is large irrelevant to the agency's workload since it is mostly retirees who put little burden on the system. He says that the agency's real problem with getting its workload done is employees working from home and Social Security adding a new step in the process of disability review in 2019 and 2020. I don't know what new step he's talking about here. Of course, there's also the problem that in 2019 and 2020 O'Malley wasn't the Commissioner and Biden wasn't the President. Warshawsky goes on criticize what O'Malley is doing about overpayments and O'Malley's failure to adopt new regulations drafted while Republicans were in office to deny far more disability claimants. By the way, Republicans could have adopted those regulations but were no more eager than O'Malley to do so and for good reason. They're not justified by the data not to mention that all hell would break loose if they were adopted.

    By the way, not to knock the Baltimore Sun, which is a fine newspaper, but I'm betting that the New York Times, the Washington Post and the Wall Street Journal passed on this piece before the Sun finally agreed to publish it.

Apr 11, 2024

Backlog Improvement At OHO

    Dispositions continue to outpace receipts at Social Security's Office of Hearings Operations (OHO), i.e.,  it's taking less time to get a hearing on a disability claim. The biggest reason is that cases are hung up at lower levels of review where backlogs are burgeoning. One day that dam will burst and OHO will be inundated.

Click on image to view full size

 

Apr 10, 2024

New ISM Rules


     The Social Security Administration will be publishing final rules tomorrow which provide:

... that a “business arrangement” exists, such that the SSI applicant or recipient is not considered to be receiving ISM [In Kind Support and Maintenance] in the form of room or rent, when the amount of monthly required rent for the property equals or exceeds the presumed maximum value (PMV).

    This sounds awfully tedious, and it is, but the estimate of Social Security's Chief Actuary is that it will increase SSI payments to about 41,000 people by an average of $132 a month.

    The new regulations will not go into effect until September 30, 2024.

    Unfortunately, there is nothing in these new regulations to help those who have an agreement to pay for their room and board once they get some income, that is, a loan of room and board. There are a lot of people in this situation and Social Security is treating them harshly.

Apr 9, 2024

Past Relevant Work Regs Advance

     The Office of Management and Budget (OMB) has approved final regulations on Intermediate Improvement to the Disability Adjudication Process, Including How we Consider Past Work. When published as a proposal these included a reduction in the time period for considering past relevant work from 15 years to 5. Expect to see the regulations in the Federal Register soon. 

    I hope the effective date isn't six months into the future.

Apr 8, 2024

Controversy Over Benefits For Children In Foster Care


     CBS News is reporting on the issue of what happens to Social Security dependent benefits for children who end up in foster care. In most cases, the state applies for and receives the dependent benefits. The child receives nothing. The child usually doesn't know this is happening or has happened. The theory is that the states need this money to pay for foster care. The contra argument is that the foster care is often terrible and it's not the state's money to begin with. This controversy has been around forever.

    I note the contrast with SSI child's benefits where a child's parent or guardian must establish a separate bank account to receive the benefits for a child and must show how the money was spent. Not so with Title II dependent benefits. The state just gobbles up the money.

    Social Security's new Commissioner, Martin O'Malley, is quoted in the piece as opposing what's going on. However, he has no authority that I can think of to do anything about this.

Apr 6, 2024

Former SSA Employee Sentenced For Fraud

      From the Times Leader of Scranton, Pennsylvania:

A former employee with Social Security Administration was sentenced to three years in federal prison for pandemic relief fraud.

U.S. District Court Judge Malachy E. Mannion sentenced Takiyah Gordon Austin, 47, formerly of Wilkes-Barre, to three years in federal prison and three years of supervised release on charges of wire fraud and aggravated identity theft, according to U.S. Attorney Gerard M. Karam.

Austin was also ordered to pay $288,590 in restitution.

Austin, as a claims specialist, filed Pandemic Unemployment Assistance claims for ineligible recipients in exchange for payment from the individuals, according to a news release. …

Apr 5, 2024

Why Is SSA Still Relying On Ancient Occupational Data?

     David Weaver asks why Social Security doesn't do something about its reliance upon the ancient Dictionary of Occupational Titles in making disability determinations. Everyone agrees it's unreliable. People are being approved and denied based upon data collected more than 40 years ago. Why? My guess is that all of us are afraid of what comes next if we drop the DOT.

Apr 4, 2024

Where We’re At As A Nation

      From Reuters

Fact Check: Biden did not sign executive order to terminate Social Security.

Apr 3, 2024

Tidbits On The 800 Number And Overpayments

     WPXI, a television station in Pittsburgh, has been covering Social Security's overpayment problems. Here's some excerpts from a recent story they've run:

... We sat down with the new Commissioner of the Social Security Administration, Martin O’Malley. ...

One of the most significant changes went into effect last Monday. It ensures anyone facing a new overpayment has at most,10 percent of their check withheld to recoup overpayment debt, not the 100-percent claw back the agency had been using; however, for the millions of people already facing overpayments, it’s not automatic. Due to staffing challenges, the solution is for beneficiaries to request a waiver or an adjustment by calling 1-800-772-1213. ...

11 Investigates decided to try that 1-800 number. The wait time when we called it was ‘greater than 60 minutes.’ We didn’t clog up the line by waiting to talk to a representative, but we did notice you can now request a call back instead of waiting on hold. ...

Commissioner O’Malley says you can file a waiver as many times as you want. If a beneficiary requests a rate lower than 10 percent to be withheld to recoup overpayment debt, it will be approved if the money can be repaid within 60 months or five years.  ...

    I had not heard about a call back feature for Social Security's 800 number. That might be an improvement. What experiences are others having with this?

    My guess is that the reporter misunderstood O'Malley or that the Commissioner misspoke about filing waiver requests as often as one likes. That requires clarification.

Apr 2, 2024

OHO Hearing Backlog At Its Lowest Level In 30 Years

     Posted by Social Security's Commissioner, Martin O'Malley, on Twitter:

Some good news: I’m proud to report that #SSA hit a 30-year low in the number of pending hearings as of last week, thanks to our dedicated staff! This is a major milestone, and I know we can do even more with sufficient, sustained funding



Apr 1, 2024

Attorney Fee Cap To Go To $9,200 This Fall And Be Indexed

     From a press release:

The Social Security Administration (SSA) plans to raise the fee cap for claimants’ representatives, from $7,200 to $9,200, when they and their client agree to use what is known as a “fee agreement process.” This will be the first increase to the fee agreement cap since November 2022, when the cap went up from $6,000 to $7,200, after remaining the same for thirteen years.

The fee cap increase is scheduled to take effect this Fall. The agency also plans to tie future increases to the annual cost-of-living adjustment (COLA). SSA will publish notice of this change in the Federal Register in April in advance of the effective date. ...


A New EM On Covid

     The Social Security Administration has posted Emergency Message EM-21032 REV 2 on Evaluating Cases with Coronavirus Disease 2019 (COVID-19). It's a classic Social Security directive to staff that means absolutely nothing. They want to tell you that, yes, they're considering long Covid but there are zero details on what that means in practice and certainly nothing that could be interpreted as a standard that the agency must meet. The first priority is to make sure that no one at Social Security could be said to have failed to abide by the Emergency Message. It's impossible to fail to meet the standard since there is no standard. Is there one person at Social Security whose job it is to draft this sort of pabulum? 

    In the real world everyone with long Covid will be denied at initial and recon and some will be approved at the hearing level.

    I'm still not seeing clients complaining of long Covid. I'm beginning to think that long Covid is definitely a thing but it's mostly a thing for those who are too old to be applying for Social Security disability benefits.

Mar 31, 2024

Happy Easter

 


Mar 30, 2024

"The Stupidest Thing I Ever Heard"


     From The Hill:

Republicans are battling among themselves over whether to push reforms to reduce Social Security spending, with some conservatives rallying around the idea of raising the retirement age. ...

But others in the party warn that talking about delaying Social Security benefits in an election year is political malpractice and would give Democrats a golden opportunity to accuse GOP candidates of wanting to cut Social Security.

“Horrible idea. Totally opposed to this,” Sen. Josh Hawley (R-Mo.) said of raising the retirement age, even for people who don’t plan to retire soon.

“What a terrible idea. If Republicans want to be in the minority party forever, then go ahead and endorse that,” he said. “Republicans are so stupid. If they want to go to working people and say, ‘Congratulations, you have paid into this your whole life — your payroll taxes — and now we’re going to take part of it away from you. We’re going to make you work even longer than we said beforehand,’ I just think that’s the stupidest thing I ever heard.”

Republican calls to reform Social Security got fresh attention when the House Republican Study Committee (RSC), which includes more than 170 GOP lawmakers, released a budget plan this week calling for “modest adjustments to the retirement age for future retirees to account for increases in life expectancy.” ...

Senate Republican Whip John Thune (S.D.), who is running to become the next Senate GOP leader, said Thursday he’s sympathetic with conservatives who want to raise the retirement age, even though it could blow up in Republicans faces in this year’s election. ...

Mar 29, 2024

Fee Cap Going Up And Will Be Indexed

      The National Organization of Social Security Claimants Representatives (NOSSCR) is reporting that there will soon be an increase in the cap on the amount that attorneys may charge under the fee agreement process and that henceforth the cap will be adjusted annually for inflation.

New SSI Regs Approved

      The final rules on the Nationwide Expansion of the Rental Subsidy Policy for SSI Recipients have been approved by OMB and should appear in the Federal Register soon.

Mar 28, 2024

Social Security Ready To Start Moving To The Use Of Generative AI


     From a Request for Information published by the Social Security Administration:

SSA is looking for a Generative Artificial Intelligence (GenAI) solution capable of: 

  • assisting SSA developers in developing code more expeditiously, and/or
  • transforming Legacy Code to modern languages for the purpose of refactoring Legacy Systems to leverage modern technologies and platforms. ...

Mar 27, 2024

Emergency Message On Change In Default Rate For Collecting Overpayments

     The Social Security Administration has issued Emergency Message EM-24011 SEN on the recent decision by the Commissioner to change the default rate of benefit withholding where there's been an alleged overpayment. It's labeled as "SEN" because they consider it sensitive. It's labeled at the top as "NOT TO BE SHARED WITH THE PUBLIC" but they are sharing it after redacting significant portions of the message. I don't get a feel for what's in the redacted part.

Mar 26, 2024

Severe Problems Remain After SSA Appropriation Determined

     From Federal News Network:

After a months-long hiring freeze, the Social Security Administration is once again facing even further declining staffing numbers.

But with agency spending now determined for the rest of fiscal 2024, and hiring now unfrozen, SSA Commissioner Martin O’Malley is readying the agency’s plans to rebuild its workforce as quickly and efficiently as possible.

Currently, SSA is at its lowest staffing levels in 27 years, while serving more customers than ever before, O’Malley told lawmakers on the House Ways and Means Committee during a hearing last week. As a result, customer service has worsened — there are longer wait times on phone lines, and longer delays in receiving decisions on disability applications and appeals. ...

In the 2024 spending agreement Congress reached last week, SSA received $14.2 billion for its administrative expenses. It’s a slight increase over SSA’s enacted budget of $14.1 billion for 2023. ...

Although SSA’s latest hiring freeze has ended, there have already been net staffing losses as a result of a months-long string of continuing resolutions — landing the agency once again at the lower staffing levels it had a year ago. ...

Right now, SSA employees “are understaffed, and they are overwhelmed,” O’Malley said. “Not surprisingly, when somebody’s been on hold for an hour, they come off that call hot. We right now have an attrition rate of about 24% in our teleservice centers.”     ...

“We need to change our [hiring] strategy as an agency,” O’Malley told lawmakers. “I think we target too much on college graduates and not enough on high school and community college graduates. And with proper training, that could really be an investment that holds for a long time.” ...

Final Regs To Omit Food From In-Kind Support And Maintenance To Become Effective On September 30 But SSA Seems To Be Worried About Litigation

     Social Security will publish final regulations to omit food from in-kind support and maintenance calculations for purposes of Supplemental Security Income tomorrow. The change will not become effective under September 30, 2024. That's an awful long lead time.

    By the way, the notice contains the following language:

Severability
In the event of an invalidation of any part of this rule, our intent is to preserve the remaining portions of the rule to the fullest possible extent. In particular, we intend the clarification of consideration of others in the household in 20 CFR 416.1131 [on the 1/3 reduction rule] to be severable, as it better explains our current policy and functions independently of the other changes reflected in this final rule. We also intend the clarification of constructive receipt of income in 20 CFR 416.1102 [defining what is income] to be severable, as it better explains our current policy and functions independently of the other changes reflected in this final rule.