It's Official

     It's official. The fee cap on the amount that attorneys can charge Social Security claimants is going up to $9,200 on November 30.

Why The Overtime?

     Below is the recently released stat sheet concerning operations at Social Security's Office of Hearings Operations (OHO).

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    Why is OHO getting any overtime? These funds are urgently needed for other parts of the agency. 59,000 hours in April?

The Right Will Spin The Trustees Report As Showing That The Doomsday That They Have Always Predicted For Social Security Is Right Around The Corner But Actually The Report Is Good News This Year

     From a press release:

The Social Security Board of Trustees today released its annual report on the financial status of the health of the Social Security Trust Funds. The combined asset reserves of the Old-Age and Survivors Insurance and Disability Insurance (OASI and DI) Trust Funds are projected to have enough dedicated revenue to pay all scheduled benefits and associated administrative costs until 2035, one year later than projected last year, with 83 percent of benefits payable at that time.

In the 2024 Annual Report to Congress, the Trustees announced:

• The asset reserves of the combined OASI and DI Trust Funds declined by $41 billion in 2023 to a total of $2.788 trillion.
• The total annual cost of the program is projected to exceed total annual income in 2024 and remain higher throughout the 75-year projection period. Total cost began to be higher than total income in 2021. Social Security’s cost has exceeded its non-interest income since 2010.
• The year when the combined trust fund reserves are projected to become depleted, if Congress does not act before then, is 2035. At that time, there would be sufficient income coming in to pay 83 percent of scheduled benefits. ...

National Disability Forum On AI Scheduled For May 15

     From Social Security:

Save The Date – National Disability Forum

We will host the next virtual National Disability Forum (NDF) on Wednesday, May 15, 2024. The title is “How Artificial Intelligence May Affect the Landscape of Social Security - Part 2.” The event will take place through Microsoft Teams from 1:00 p.m. – 3:00 p.m. ET.

For more information about the NDF, we encourage you and your clients to visit our What’s New page at www.ssa.gov/news/advocates.html. You and your clients can email questions to OEA.Net.Post@ssa.gov.

94% Satisfaction Rate At Canada's OHO

     The Social Security Tribunal of Canada is something like the Office of Hearings Operations at the U.S. Social Security Administration except that it has a wider jurisdiction, taking in unemployment insurance as well. The folks at the Social Security Tribunal of Canada publish the results of quarterly client satisfaction  surveys. The surveys are taken after a hearing and before a decision. The most recent survey showed a 94% satisfaction rate.

    I wonder what that number would be in the U.S.

Critter Control Did Their Job

     On May 8 Social Security plans to reopen that Cleveland field office which had recently closed due to raccoons in the attic. I guess they're gone or nearly gone.

Social Security Fraud Leads To Lengthy Jail Terms

     From a press release:

Two Raleigh, North Carolina men, Joseph Kingsley Irona and Mamady Fadima Conde, were sentenced for conspiracy to commit money laundering. Both men previously pled guilty to the charge. Irona was sentenced to 84 months’ imprisonment and three years of supervised release. Conde was sentenced to 60 months’ imprisonment and five years of supervised release. ...

According to court documents and other information presented in court, Irona and Conde were involved in a highly complex network of bank accounts at multiple financial institutions. This network was used for laundering over $1 million criminal proceeds derived from various fraud schemes, particularly identity theft. One particularly intricate scheme involved the misuse of stolen victim identifiers to submit online applications for Social Security retirement benefits in victims’ names. After the applications were approved, the resulting payments were unlawfully deposited into accounts within the money laundering network, including accounts held by Irona and Conde. After receiving criminal proceeds, Irona and Conde took elaborate steps to dissipate the funds and obscure their source and destination. ...

Tiny Feet Scurrying Around Over Your Head

     From a Cleveland television station:

The Social Security office in Middleburg Heights, on Pearl Rd., is temporarily closed due to a raccoon infestation.

People trying to take care of business Wednesday at the office found locked doors and signs stating the closure. ...

Michael Murphy, President of Local 3448 of the American Federation of Government Employees (AFGE), said problems with raccoons inside the office have been building.

“These employees were reporting concerns of noises above the ceiling as far back as January,” Murphy said. “The staff said five raccoons were removed from the building as of yesterday.” ...

    I've had racoons in my attic. Getting rid of them is expensive. Keeping them from coming back may be even more expensive.

How Much Do VEs and MEs Make?

     This is from a Freedom of Information Act response that Social Security posted recently.

You Get What You Pay For

     Social Security has decided to post a Freedom of Information Act response they've given showing the rates at which the Alabama Disability Determination Section (DDS) paid for medical examinations and some other things they ordered. This is from 2020 so it's a bit out of date but take a look. I'm only posting the first page here. The whole thing which runs to 20 pages is linked above. The last page may surprise you a bit.

    Don't these rates seem a little low -- or maybe a lot low?

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Results Of An SSI Outreach Project

 

    From The Hill:

... SSA mailed outreach letters to individuals informing them of potential eligibility for Supplemental Security Income (SSI), a program that provides modest cash benefits and access to Medicaid for low-income disabled and elderly individuals. Sen. Ron Wyden (D-Ore.) forcefully pushed for the outreach during a Senate Finance hearing in 2021.   

Wyden’s push and SSA’s actions did much to help impoverished disabled and elderly citizens, with SSA indicating the outreach will increase lifetime SSI payments to these individuals by about $530 million. 

The cost of the outreach totaled $32 million, implying the ratio of benefits received by the public to the cost of the outreach is 17 to 1. Mailing informational letters, part of SSA’s Equity and Outreach initiatives, proved to be a highly efficient mechanism to help individuals in poverty.  ...

SSA’s outreach was targeted to Social Security beneficiaries who had very low Social Security benefit amounts and, therefore, might qualify for some SSI benefits. ...

    Here's a link to Social Security's report on this project.

Not Good News For Those Who Love Telework

 

    From WISH-TV:

A former Social Security Administration employee has been charged with one count of wire fraud after officials say he defrauded the organization for over three years. …

According to court documents, Christopher Markham, 40, had been employed by the administration and assigned to an office in Anderson. 

Between February 2019, and June 2022, documents say Markham “made it appear” he was teleworking his full-time job for the SSA during regular workdays. But instead, he was working as a home inspector for his own company, Markham Inspection Services. 

Markham continued to collect his full federal salary and benefits from the SSA at the time, attorneys said.

The release says Markham “routinely” performed home inspections, making it appear as though he was teleworking while working for the SSA, while hiding that he was not performing administrative work by allowing his wife and mother access to his Social Security Administration computer to send emails. …

Creamy Or Crunchy?

     From Nextgov/FCW:

...The longer arc of this agency is a phenomenally dedicated, committed, compassionate culture. [SSA staff has] been traumatized by the increased volume and nine years of steady staff reductions, given the lack of any Congressional attention to our budget or even the decency of our own appropriations hearings, said [Social Security Commissioner Martin] O'Malley” ...

The SSI program “purports to be a program of last resort,” but “forces the poorest of people to jump through hoops, stand on their head and gargle peanut butter in order to qualify for it,” he told lawmakers at a recent hearing. ...

For The Frustrated Social Security Disability Claimant

    My firm is starting a new blog directed at Social Security disability claimants, rather than Social Security professionals. It's called For The Frustrated Social Security Disability Claimant. We're just getting started but you can look in now.

Detecting Overpayments Due To Marriage

     From Impact of Undetected Marriages on Social Security Administration Payments, a report by Social Security's Office of Inspector General:

... Marriage can impact a Supplemental Security Income (SSI) or Old-Age, Survivors, and Disability Insurance (OASDI) beneficiary’s payment. We randomly selected 1 of 20 segments from the Supplemental Security Record (SSR) and Master Beneficiary Record (MBR). We identified 3 populations with name changes and sampled 250 individuals ...

SSA did not always take the necessary manual actions to properly update 38 of the 250 payment records for SSI recipients or OASDI beneficiaries when there was a name change because of marriage. Furthermore, SSA had not taken manual action on 11 SSI recipients or OASDI beneficiaries who changed their name via the iSSNRC application. We estimate SSA improperly paid 16,631 SSI recipients and OASDI beneficiaries approximately $240.9 million when there was a name change because of marriage. ...

When a person changes their name, SSA systems do not automatically determine whether they are receiving benefits. SSA does not know about a marriage until an individual reports it. ...

SSA explored the feasibility of using electronic marriage data to determine if OASDI beneficiaries changed their marital status. However, not all states/jurisdictions have a central repository of electronic marriage data, and many do not require, or collect, the marriage applicants’ Social Security number. ...

    There's a lot that Social Security could do to prevent overpayments if it had an adequate workforce. A different Inspector General might want to issue a report detailing how much money is being wasted due to inadequate staffing at the Social Security Administration.

    By the way, there's also the question of whether marriage should have as many effects as it does on Social Security and SSI benefits but that's another topic.

It's Taking Longer And Longer To Get Through To Social Security On The Phone

     From an article in the Daily Mail:

Closure Of Field Office Due To Staffing And Attrition Problems

     The union local that represents most Social Security employees is reporting that because of staffing and attrition issues Social Security is closing a field office in Southeast Cleveland that serves an area that is 94% black.

Interview With Commissioner

     Social Security has released a recording of an interview of Martin O'Malley, Commissioner of Social Security, by Jeffrey Buckner, Social Security's Assistant Deputy Commissioner for the Office of Communications. You can listen to the audio or read a transcript. Here's a little snippet: "The common sense is, you are not going to have satisfied customers if you have miserable and overworked employees."

Congressional Hearing On GPO/WEP

     The House Social Security Subcommittee held a hearing on Tuesday on the Government Pension Offset/Windfall Elimination Provision in the Social Security Act that deal with cases in which a person is eligible for both Social Security benefits and a pension based upon earnings not covered by FICA. Two of the four witnesses called for modification of the formulas used to determine the offset and another called for its elimination. As things stand now, it's highly unlikely that anything will be done about this.

New SSI Regs

     From a notice that Social Security will publish in the Federal Register tomorrow:

We are finalizing our proposed rule to expand the definition of a public assistance (PA) household for purposes of our programs, particularly the Supplemental Security Income (SSI) program, to include the Supplemental Nutrition Assistance Program (SNAP) as an additional means-tested public income-maintenance (PIM) program. We are also revising the definition of a PA household from a household in which every member receives some kind of PIM payment to a household that has both an SSI applicant or recipient, and at least one other household member who receives one or more of the listed PIM payments (the any other definition). If determined to be living in a PA household, inside in-kind support and maintenance (ISM) would no longer need to be developed. The final rule will decrease the number of SSI applicants and recipients charged with ISM from others within their household. In addition, we expect this rule to decrease the amount of income we would deem to SSI applicants and recipients because we will no longer deem as income from ineligible spouses and parents who live in the same household: the value of the SNAP benefits that they receive; any income that was counted or excluded in figuring the amount of that payment; or any income that was used to determine the amount of SNAP benefits to someone else. These policy changes reduce administrative burden for low-income households and SSA. ...