Legionella Found At Social Security Headquarters

       From Federal Times:

Elevated levels of Legionella bacteria were recently detected in water fixtures during routine testing at the Social Security Administration’s headquarters building in Woodlawn, Maryland, officials said. 

A spokesperson for Social Security said in a statement to Federal Times on Tuesday that after a broad sweep of water fixtures, some came back with elevated levels, which is not unusual given testing experts have told the General Services Administration that roughly half of the water samples they take come back positive. 

Upon retesting, only “a small subset” of water sources in the main campus building indicated elevated levels, according to the official. Impacted fixtures have been removed, and the spokesman said employees have been notified. Officials also said they’ve flushed the system, which helps disrupt any film that have developed over water sources and stops the growth of any naturally present Legionella. …

A Poll

 

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OHO Operating Stats

    A statistical report from Social Security on performance at its Office of Hearings Operations:

Click on image to view full size

 

Report On Ennis Raises Questions

     From  the the Integrity Committee of the Council of the Inspectors General on Integrity and Efficiency (IC):This investigation began in May 2022. Why did it take them more than two years to finish this simple investigation?

The IC finds by a preponderance of the evidence that IG [Inspector General] Ennis abused her authority and engaged in conduct that undermined the integrity reasonably expected of an Inspector General. In pertinent part, the IC finds that IG Ennis made incomplete, misleading, and inaccurate representations about another OIG [Office of Inspector General] to various government entities; failed to retract, withdraw, or otherwise modify those representations when informed they were untrue; and then wrongfully obstructed the IC’s investigation of her and other SSA OIG executives. Rather than recusing herself from an investigation that concerned her own alleged misconduct due to the inherent conflict of interest, she participated personally and substantially in her official capacity in the SSA OIG’s decision-making regarding the IC’s investigation into her conduct, in clear violation of federal ethics requirements and despite being reminded by the IC in March 2024 of her obligation to recuse herself because the matter being investigated affected her personal interests.(footnotes omitted)

    This investigation began in May 2022. Why did it take them more than two years to finish this simple investigation? Why do they have no criticism or any real discussion of Ennis concerning the substantive allegations made against her? Why did they release this on Friday, July 5 in apparent hopes of burying the story? Why did they tip off Ennis in advance so she could quit her job just before this came out? Is no criminal referral warranted? Why was such a spectacularly unfit person allowed to stay in her job this long?

I Thought That Job One At The Payment Centers Was To Pay People

     From Reducing Processing Centers’ Pending Actions, a report by Social Security's Office of Inspector General (OIG):

...  SSA met its annual PC [Payment Center] pending actions performance measure goal in 4 of the 6 FYs [Fiscal Years] between FY 2018 through 2023. SSA reported it did not meet its goals in the remaining 2 FYs because of unexpected staff reductions, increased workloads, and less than expected overtime funding it would have used to pay employees to process more PC pending actions.

Although SSA achieved its PC pending actions performance goals in 4 of the last 6 FYs, there was no overall reduction in PC pending actions over those 6 years. In fact, the PC pending actions backlog increased from 3.2 million in FY 2018 to 4.6 million in FY 2023. As the backlog grows, many PC pending actions remain unresolved for long periods of time. From a sample of 139 pending actions, 102 (73 percent) were pending for 300 days or more, with 60 of the 102 pending for 500 days or more.

Delays in processing PC pending actions can lead to higher improper payments, which increased some beneficiaries’ financial burden as they waited longer for underpayments or were charged with increased overpayment amounts. If SSA resolved the PC pending actions we reviewed at the earliest possible instance, we estimate it would have determined approximately 528,000 beneficiaries were improperly paid approximately $534 million. After the pending actions were not processed for 12 months, the improper payment amount for those same beneficiaries rose to approximately $756 million. By the time of our review, many of the PC pending actions had been pending for longer than 12 months, and the improper payment amount had increased to approximately $1.1 billion.

    Notice that it didn't seem to bother OIG that the payment centers were frequently failing to pay benefits for long periods of time. The only thing they seemed to have been concerned about was an increase in overpayments. This in a nutshell is the OIG outlook on the Social Security world -- It doesn't matter when or if you pay claimants what they're due; the only thing that counts is that you not overpay them. That outlook is a prescription for disaster for claimants.

Little Support For Cutting Social Security

     Poll results from the Pew Research Center:

Happy Independence Day!

 

July 5?

    I haven't heard. Are Social Security field offices open to the public on Friday, July 5?

 

    Update: I posted this over three hours ago and no one has responded! I may not be the only one who doesn't know the answer to this question.

But It's Only Been Six Months! Maybe If We Wait Longer He'll Get Better

    From some television station in Atlanta that likes to hide its call letters:

...  For the Dickens, the unthinkable occurred in January when James had a stroke, his wife Schantalyn told 11Alive. The couple had only recently married in November 2023. 

"You plan on getting married, and after getting married, you plan on a happily ever after," Schantalyn shared. "It was so unexpected. We didn't know that the morning of January 5 at 3 in the morning, James would have a massive stroke."

Since his stroke, James has been recovering in a nursing facility. Meanwhile, Schantalyn continues to check in with eligibility officials to see whether her husband's disability claimed has been reviewed and approved. ...

[T]he time it takes to process cases varies widely. The national average for making an initial disability determination is 187 days, while in Georgia, the determination takes an average of 287 days. South Carolina tops the list for wait times, with 325 days for initial determination. SSA attributes much of the delays to staffing challenges.  ...

This Looks Awful

     From WFTV in Orlando:

Jennifer Groover has received Social Security since she was 6 years old because she has Down Syndrome.

But 38 years later, the Social Security Administration has taken away those benefits, her only income, because they said they had no evidence or documentation right now saying she has the disability.

“We’ve got one letter that she needs to go to work,” Cynthia Groover, her mom, said. “Yeah, they said we’ll help her get a job. She can go to work. She can barely walk. Her legs and feet are so bad. She’s so full of arthritis, and there’s no way she could walk. No, she can’t. She doesn’t have the mentality to hold the job.”

In July of 2023, the family received a letter giving them 10 days to respond.

If not, the SSA said it may have to make a “finding of not disabled because of insufficient evidence.”

Notes from the Groovers said they could not get anyone to answer after they left 16 messages. ...

But on July 15, 2023, her benefits stopped after they decided “she was no longer disabled.” ...

In that year, they were evicted from their home and have struggled every month to pay their bills. ...

There has been some movement in her case.

The Groovers tell Channel 9 that Social Security wants them to get a blood test to determine if Jennifer has that extra chromosome, which has not happened yet. ...

    In case you don't know the law, the Groovers don't have to produce any evidence whatsoever for their daughter to stay on benefits. The burden is squarely on Social Security to produce evidence that this young woman has improved. The agency's inability to find its old file isn't reason to cut her off benefits. 

    You would think that anyone would realize that Down Syndrome won't go away or get better with time but you never know just how foolish these things can get. I've had a client with retinitis pigmentosa denied because there was no recent evidence that she was blind. The old evidence wasn't enough. If you know anything about retinitis pigmentosa, you know it's a one way trip. Once your vision is gone, it's gone for good and there's no more point in going to an eye doctor.

Telephone Hearings Predominate -- Is That A Good Thing?

     From a recent presentation by the Commissioner of Social Security:

Click on image to view full size

    What if I told you that claimants who show up for in person hearings with an attorney win 5% more often than represented claimants who have telephone hearings? I can't tell you that because I don't know. I've seen no stats on this. Maybe there's some difference. Maybe there's not. You'd think that Social Security could generate those numbers but if they've compiled them, they haven't released them. And don't give me aggregate numbers on telephone hearings. We all know that unrepresented claimants with in person hearings lose most of the time because they couldn't find an attorney to represent them and either didn't show up or show up and lose because of the same problems that made it hard for them to find an attorney.

Commissioner Doesn't Like Agency Notices

     From an interview that Social Security Commissioner Martin O'Malley recently gave to NPR:

The notices that we send out, I have described them as Mad Libs written by mad lawyers that confuse, they scare, and most people have a difficult time understanding what many of these notices even say.

It's Kinda Hot In Orlando This Time Of Year

     From WFTV:

Dozens of people waited in line for hours outside the newly opened Social Security Administration Office on Orange Avenue in downtown Orlando.

It’s been a daily occurrence since the new office opened on Monday, June 17.

Social Security Administration told Eyewitness News Tuesday evening that the long lines were due to recently implemented security screening requirements.

 “We are working on a long-term security screening solution for the building, potentially including an additional magnetometer,” the agency said. ...

Eyewitness News spoke to people in line Tuesday who reported up to 3 hours to get in and out of the office. Some toward the end of the line said they had been there an hour and a half.

This was as dozens were fighting Orlando’s 90-degree heat in the line, including the elderly, the disabled bound by wheelchairs, and children. No overhang or shelter was covering most of the line.

“It’s super hot! I can’t even take it,” said 7-year-old Marly, waiting to go into the office with her dad. ... 

"I Never Inherited Anything"

Kristy Strong

     From Newsweek:

Kristy Strong, a 45-year-old disabled woman in Elizabeth City, North Carolina, was shocked when her Supplemental Security Income benefits were stopped in January. ...

"They claim I was overpaid," Strong told Newsweek. "I was sleeping behind dumpsters [and] eating out of trash cans, so I had nothing."

When Strong received the letter saying she owed the money, she immediately appealed and contacted legal counsel, but she said she has been waiting for a court date for more than six months, even though her lawyer told her the case has been expedited, she said. ...

Strong didn't even know what assets the SSA had been referring to but was informed the agency was under the impression that Strong had inherited property when her grandmother died in November 2021.

"I told them I did not," Strong said. "My grandma left everything to my aunt, who didn't have money to probate her will, and had asked me to sign a paper agreeing not to have to probate it. I never inherited anything."

She was told by Social Security she would have to prove she didn't own the property, despite it never being in her name. ...

"I wish people knew that real peoples' lives are at stake, and this isn't just a debate in an election year," Strong said. "So much more is at risk than votes."

Recent Posts On Frustrated Claimants Blog

     I also run a separate blog directed at Social Security disability claimants titled For The Frustrated Social Security Disability Claimant. Here are recent posts on that blog that might interest you.

• What Do I Need To Get Together Before I File A Claim For Social Security Disability?
• How Do I Prepare For My Social Security Disability Hearing?
•  Some Good News
•  I'm On Social Security Disability Benefits. What Happens When I Hit Full Retirement Age?
•  Sorry To Give You Grim News But Here It Is
•  "The Breath Of The Dead"
•  Don't Believe Everything You Read Online
•  Despite What Some People Say, Work Isn't Getting Any Easier
•  Not Now. Not Later. Not Ever
•  Disability And Increasing Age
•  The Death Of Children And Social Security Disability

House Appropriations Committee Draft Of FY 2025 Appropriations Bill

     The Republican majority of the House Appropriations subcommittee having jurisdiction over Social Security has released its version of an appropriations bill covering Social Security for Fiscal Year (FY) 2025, which begins on October 1 of this year. It provides for a $13.8 billion appropriation for Social Security's administrative expenditures. This is below the $14.1 billion that the agency has been allocated for the current FY.

    The President's proposed bill for FY 2025 contains $15.4 billion for Social Security.

    This can't get passed without the agreement of the Senate and the White House. Also, nothing is likely to be passed until after the new Congress begins just after New Year's Day in 2025. The new Congress may have different opinions about this appropriations bill.

Res Judicata Won't Apply To Denials Based Upon Ability To Perform Work Outside The New Five Year Time Period

     From Emergency Message EM-24028:

... We will not apply res judicata to bar readjudication of a previously adjudicated period when the prior final determination or decision finding the claimant not disabled is dated prior to June 22, 2024, if the prior adverse determination or decision found the individual could do:

1. PRW [Past Relevant Work] at step four of the sequential evaluation process (SEP) and the PRW cited is not PRW under the PRW rule; OR

2. Other work at step five of the SEP, work experience was material to the decision, and the individual’s work experience is different under the PRW rule.

When these criteria are met, we will not apply res judicata to deny a subsequent claim or dismiss a request for hearing on that claim. ...

    OK, now what about cases pending at the Appeals Council or federal court where there were denials based upon ability to perform other "jobs" that are now considered off limits because they don't really exist any more?

Your Opinion Please

 

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A Busy Saturday For Social Security

      It was a busy Saturday for Social Security. Yes, a busy Saturday!

     First, Social Security has added significantly more data to the online reports available to attorneys representing claimants at the initial and reconsideration levels. I have not tried it yet but early reports I have heard indicate that it’s a work in progress. Still, this holds out the prospect of two advantages. It gives attorneys easier access to information on the status of their clients’ cases. It cuts down on the number of calls to Social Security asking about case status.

     Second, Social Security issued two Emergency Messages on which jobs can be considered as alternative work a claimant can perform if he or she is unable to perform their past relevant work. In the more important of the Emergency Messages there is a list of jobs that cannot be considered absent “additional evidence” from a Vocational Expert:

DOT Code	DOT Occupational Title	DOT Industry Designation
209.587-010	Addresser	clerical
249.587-018	Document Preparer, Microfilming	business services
249.587-014	Cutter-and-Paster, Press Clippings	business services
239.687-014	Tube Operator	clerical
318.687-018	Silver Wrapper	hotel and restaurant
349.667-010	Host/Hostess, Dance Hall	amusement and recreation
349.667-014	Host/Hostess, Head	amusement and recreation
379.367-010	Surveillance-System Monitor	government services
521.687-010	Almond Blancher, Hand	canning and preserving
521-687-086	Nut Sorter	canning and preserving
726.685-010	Magnetic-Tape Winder	recording
782.687-030	Puller-Through	glove and mitten
976.385-010	Microfilm Processor	business services

     In another Emergency Messages there’s this list of jobs that can no longer be considered at all:

DOT Code	DOT Occupational Title	DOT Industry Designation(s)
013.061-010	AGRICULTURAL ENGINEER	professional and kindred occupations
013.061-014	AGRICULTURAL-RESEARCH ENGINEER	professional and kindred occupations
013.061-018	DESIGN-ENGINEER, AGRICULTURAL EQUIPMENT	professional and kindred occupations
013.061-022	TEST ENGINEER, AGRICULTURAL EQUIPMENT	professional and kindred occupations
021.067-010	ASTRONOMER	professional and kindred occupations
029.067-010	GEOGRAPHER	professional and kindred occupations
029.067-014	GEOGRAPHER, PHYSICAL	professional and kindred occupations
045.061-014	PSYCHOLOGIST, ENGINEERING	professional and kindred occupations
045.107-030	PSYCHOLOGIST, INDUSTRIAL-ORGANIZATIONAL	professional and kindred occupations
052.067-014	DIRECTOR, STATE-HISTORICAL SOCIETY	professional and kindred occupations
052.067-018	GENEALOGIST	professional and kindred occupations
052.067-022	HISTORIAN	professional and kindred occupations
052.067-026	HISTORIAN, DRAMATIC ARTS	professional and kindred occupations
052.167-010	DIRECTOR, RESEARCH	motion picture; radio and television broadcasting
072.101-018	ORAL AND MAXILLOFACIAL SURGEON	medical services
072.101-034	PROSTHODONTIST	medical services
193.162-022	AIRLINE-RADIO OPERATOR, CHIEF	air transportation; business services
193.262-010	AIRLINE-RADIO OPERATOR	air transportation; business services
193.262-014	DISPATCHER	government services
193.262-022	RADIO OFFICER	water transportation
193.262-026	RADIO STATION OPERATOR	aircraft manufacturing
193.262-030	RADIOTELEGRAPH OPERATOR	telephone and telegraph
193.262-034	RADIOTELEPHONE OPERATOR	any industry
193.362-010	PHOTORADIO OPERATOR	printing and publishing; telephone and telegraph
193.362-014	RADIO-INTELLIGENCE OPERATOR	government services
193.382-010	ELECTRONIC INTELLIGENCE OPERATIONS SPECIALIST	military services
203.562-010	WIRE-TRANSFER CLERK	financial institutions
235.462-010	CENTRAL-OFFICE OPERATOR	telephone and telegraph
235.562-010	CLERK, ROUTE	telephone and telegraph
235.662-018	DIRECTORY-ASSISTANCE OPERATOR	telephone and telegraph
236.562-010	TELEGRAPHER	railroad transportation
236.562-014	TELEGRAPHER AGENT	railroad transportation
237.367-034	PAY-STATION ATTENDANT	telephone and telegraph
239.382-010	WIRE-PHOTO OPERATOR, NEWS	printing and publishing
297.667-014	MODEL	garment; retail trade; wholesale trade
299.647-010	IMPERSONATOR, CHARACTER	any industry
305.281-010	COOK	domestic service
338.371-010	EMBALMER APPRENTICE	personal service
338.371-014	EMBALMER	personal service
379.384-010	SCUBA DIVER	any industry
410.161-010	ANIMAL BREEDER	agriculture and agricultural service
410.161-014	FUR FARMER	agriculture and agricultural service
410.161-018	LIVESTOCK RANCHER	agriculture and agricultural service
410.161-022	HOG-CONFINEMENT-SYSTEM MANAGER	agriculture and agricultural service
411.161-010	CANARY BREEDER	agriculture and agricultural service
411.161-014	POULTRY BREEDER	agriculture and agricultural service
413.161-014	REPTILE FARMER	agriculture and agricultural service
452.167-010	FIRE WARDEN	forestry
452.367-010	FIRE LOOKOUT	forestry
452.367-014	FIRE RANGER	forestry
455.367-010	LOG GRADER	logging; sawmill and planing mill
455.487-010	LOG SCALER	logging; millwork, veneer, plywood, and structural wood members; paper and pulp; sawmill and planing mill
519.684-010	LADLE LINER	foundry; smelting and refining
519.684-022	STOPPER MAKER	blast furnace, steel work, and rolling and finishing mill
579.664-010	CLAY-STRUCTURE BUILDER AND SERVICER	glass manufacturing
661.281-010	LOFT WORKER	ship and boat manufacturing and repairing
661.281-018	PATTERNMAKER APPRENTICE, WOOD	foundry
661.281-022	PATTERNMAKER, WOOD	foundry
661.380-010	MODEL MAKER, WOOD	any industry
690.682-078	STITCHER, SPECIAL MACHINE	boot and shoe
690.682-082	STITCHER, STANDARD MACHINE	boot and shoe
690.685-494	STITCHER, TAPE-CONTROLLED MACHINE	boot and shoe
693.261-018	MODEL MAKER	aircraft-aerospace manufacturing
714.281-010	AIRCRAFT-PHOTOGRAPHIC-EQUIPMENT MECHANIC	photographic apparatus and materials
714.281-014	CAMERA REPAIRER	photographic apparatus and materials
714.281-018	MACHINIST, MOTION-PICTURE EQUIPMENT	motion picture; photographic apparatus and materials
714.281-022	PHOTOGRAPHIC EQUIPMENT TECHNICIAN	photographic apparatus and materials
714.281-026	PHOTOGRAPHIC-EQUIPMENT-MAINTENANCE TECHNICIAN	photographic apparatus and materials
714.281-030	SERVICE TECHNICIAN, COMPUTERIZED-PHOTOFINISHING EQUIPMENT	photofinishing
715.281-010	WATCH REPAIRER	clocks watches, and allied products
715.281-014	WATCH REPAIRER APPRENTICE	clocks, watches, and allied products
715.381-010	ASSEMBLER	clocks, watches, and allied products
715.381-014	ASSEMBLER, WATCH TRAIN	clocks, watches, and allied products
715.381-018	BANKING PIN ADJUSTER	clocks watches, and allied products
715.381-022	BARREL ASSEMBLER	clocks, watches, and allied products
715.381-026	BARREL-BRIDGE ASSEMBLER	clocks, watches, and allied products
715.381-030	BARREL-ENDSHAKE ADJUSTER	clocks, watches, and allied products
715.381-038	CHRONOMETER ASSEMBLER AND ADJUSTER	clocks, watches, and allied products
715.381-042	CHRONOMETER-BALANCE-AND-HAIRSPRING ASSEMBLER	clocks, watches, and allied products
715.381-054	HAIRSPRING ASSEMBLER	clocks, watches, and allied products
715.381-062	HAIRSPRING VIBRATOR	clocks, watches, and allied products
715.381-082	PALLET-STONE INSERTER	clocks, watches, and allied products
715.381-086	PALLET-STONE POSITIONER	clocks, watches, and allied products
715.381-094	WATCH ASSEMBLER	clocks, watches, and allied products
715.584-014	REPAIRER, AUTO CLOCKS	clocks, watches, and allied products
715.681-010	TIMING ADJUSTER	clocks, watches, and allied products
761.381-014	JIG BUILDER	wooden container
788.684-114	THREAD LASTER	boot and shoe
826.261-010	FIELD-SERVICE ENGINEER	photographic apparatus and materials
841.381-010	PAPERHANGER	construction
841.684-010	BILLPOSTER	business services
849.484-010	BOILER RELINER, PLASTIC BLOCK	foundry
850.663-010	DREDGE OPERATOR	construction; coal, metal, and nonmetal mining and quarrying
861.381-046	TERRAZZO WORKER	construction
861.381-050	TERRAZZO-WORKER APPRENTICE	construction
861.664-014	TERRAZZO FINISHER	construction
899.261-010	DIVER	any industry
899.684-010	BONDACTOR-MACHINE OPERATOR	foundry
910.362-010	TOWER OPERATOR	railroad transportation
910.363-018	YARD ENGINEER	railroad transportation
910.382-010	CAR-RETARDER OPERATOR	railroad transportation
910.583-010	LABORER, CAR BARN	railroad transportation
910.683-010	HOSTLER	railroad transportation
910.683-022	TRANSFER-TABLE OPERATOR	railroad equipment building and repairing; railroad transportation
911.663-010	MOTORBOAT OPERATOR	any industry
919.663-014	DINKEY OPERATOR	any industry
919.683-010	DOCK HAND	air transportation
919.683-026	TRACKMOBILE OPERATOR	any industry
930.683-026	ROOF BOLTER	coal, metal, and nonmetal mining and quarrying
952.362-022	POWER-REACTOR OPERATOR	utilities
960.362-010	MOTION-PICTURE PROJECTIONIST	amusement and recreation; motion picture
960.382-010	AUDIOVISUAL TECHNICIAN	any industry
961.367-010	MODEL, PHOTOGRAPHERS'	any industry
961.667-010	MODEL, ARTISTS'	any industry

     I’m not completely sure about this second list. There aren’t terrazzo finishers or artist’s models anymore? I don’t see being an artist model as a career, however. Aren’t there still embalmers these days?  None of this matters except in rare cases, however.