Bisignano Nominated To Become Commissioner

     From USA Today:

President-elect Donald Trump said he's nominating financial services CEO Frank Bisignano to serve as commissioner of the Social Security Administration. ...

Bisignano currently leads the financial services and payments giant Fiserv, one of the largest financial software companies in the country.

He’s previously held executive leadership positions at major banks including JP Morgan Chase and Citigroup.  ...

    From Wikipedia:

... Under Bisignano's tenure, hundreds of First Data and FiServ locations have closed, resulting in the termination of thousands of employees. Employees who previously had remote positions due to the COVID-19 pandemic or other legacy reasons have reportedly been particularly targeted. ...

What About NTEU And ALJ Unions?

    The Biden Administration signed contracts with the American Federation of Government Employees (AFGE) to lock in telework at Social Security until 2029 but there are at least two other, smaller employee unions at Social Security -- the National Treasury Employees Union (NTEU) and the ALJ union. What's with them? Do they have new, unannounced contracts or were they just already protected?

Merry Christmas

 

Biden Administration Tries To Lock In Telework At SSA

      From Bloomberg News: 

A Biden administration appointee has agreed to lock in hybrid work protections for tens of thousands of Social Security staff, part of a slew of organized labor efforts that complicate President-elect Donald Trump's efforts to reshape the federal workforce.

 

The American Federation of Government Employees, a union representing 42,000 Social Security Administration workers, reached an agreement with the agency last week that will protect telework until 2029 in an updated contract, according to a message to its members viewed by Bloomberg.

The new deal, signed by President Joe Biden’s just-departed SSA Commissioner Martin O’Malley, will let workers “maintain current levels of telework,” AFGE chapter president Rich Couture wrote. …

  

A US president "can't just set aside lawfully signed collective bargaining agreements, without the unions' agreement," Indiana University law professor Kenneth G. Dau-Schmidt said via email. "The US government has to live up to its agreements, too.

"

Don't Mess With Social Security

 

    The French government may soon fall because it has tried to ram through changes in social security benefits in that country. This will be the first time a French government has fallen due to a no confidence vote since 1962.

One Thing About Carolyn Colvin

     Let's say that someone other than Carolyn Colvin had been made the Acting Commissioner of Social Security and let's say it's a career employee in his or her prime working years. Let's also say that the Trump Administration decides a priori that Social Security will do just fine with a 20% reduction in staffing. That Acting Commissioner would face a dilemma. The person could forcefully resist internally in which case that person would probably be fired and their federal career would be at an end. That person could quit in protest in which case their federal career would also be at an end. That's tough on a person with a mortgage and kids in or near college.

    At her age, Colvin can easily resign in protest. She has no reason to worry about her federal career. She can court firing or quit without concern. If she leaves, she can be very noisy about it. This gives her a certain power that others, younger than her, don't have.

    By the way, if you're someone in line to succeed Colvin, what would you do as Acting Commissioner if the Trump Administration orders up something that you know will have disastrous effects? Would you have the courage to resign in protest? Would you be willing to preside over a disastrous situation? Is there some way of squirming out of the dilemma? These may not be abstract questions for a handful of people at Social Security.

FY 2024 DDS Allowance Rate

     From a recent release from Social Security:

How Much Should We Be Worried?

     Michael Hiltzik of the Los Angeles Times lays out all the ways that the incoming Trump Administration could hurt Social Security. The prospects are scary.

Four At SSA Receive Presidential Rank Awards

      The Presidential Rank Awards are out. These four SSAers won awards:

Distinguished Executive (SES)

• Rose Mary Buehler

Meritorious Executive (SES)

• Thomas J. Fellona
• Jose J. Lopez
• Lydia C. Marshall

O'Malley's Tenure As Commissioner

     From a piece in Government Executive about Martin O'Malley's too brief tenure as Commissioner of Social Security:

Social Security Commissioner Martin O’Malley on Wednesday described his nearly a year in charge of the embattled agency responsible for administering Americans’ retirement and disability benefits as one of the “greatest honors” of his career in government and politics. ..

O’Malley told Government Executive on Wednesday that he was “enormously proud” of the agency’s beleaguered workforce, which was able to find significant customer service improvements despite operating at a 50-year staffing low and serving the most beneficiaries in history. ...

[T]he public’s preference for telephonic and video disability hearings–with 90% of new requests being through those avenues–has made it easier to optimize administrative law judges’ workloads regardless of geographic location. ...

Jim Borland, the agency’s assistant deputy commissioner for analytics, review and oversight, said he will be retiring after a 40-year career in the federal government next month, and that this final year was “the most fun” he’s had at work in those four decades. ...

Thanksgiving 2024

 

Why It Takes Longer To Get A Disability Determination

     From a recently released report. Click on image to view full size. The full report breaks it down by state and region.

A Poll

 

online polls

New Acquiescence Ruling

     Social Security has issued Acquiescence Ruling 24-1(6) on Dennard v. Secretary of Health & Human Services and Drummond v. Commissioner of Social Security, two old Sixth Circuit Court of Appeals decisions.

New Overpayment Waiver Policies

     From a new issuance to Social Security's POMS manual:

Household income at or below 150 percent of the Federal Poverty Level (FPL) and limited resources

We will also waive the overpayment under the deemed to defeat the purpose provision, if the overpaid individual's and their household family member's income is at or below 150 percent of the FPL [Federal Poverty Level]; and their resources are within the limit for defeats the purpose, refer to GN 02250.100E. We assume that an individual who meets the resource limit and has a household income of 150 percent of the FPL needs substantially all of their income to meet all of their current ordinary necessary living expenses, so there is no need to review their expenses.   

     And from another new POMS issuance referenced above:

To determine recovery of an overpayment defeats the purpose (meaning the individual doesn't have the ability to repay), we must find that:

• The overpaid individual needs substantially all of their current income to meet their current ordinary and necessary living expenses (i.e., the monthly household income does not exceed monthly current ordinary and necessary living expenses by more than $250), per GN 02250.100C and GN 02250.100D; and
• The overpaid individual has no more than $6,000 in resources or $10,000 if the individual has one other household family member. If the individual has more than one other household family member, add $1,200 for each additional household family member to their resource limit, per GN 02250.100E.

Will We Ever See A New Occupational Information System?

     It may give no answers relevant to Social Security disability determination but this recent release from the Bureau of Labor Statistics is interesting. It looks like they could tell us whether there are sedentary unskilled jobs if they wanted to. Why not? Why can't we get a completely new Occupational Information System? No one is satisfied with what we have now.

     At what point is the continued use of the ancient Dictionary of Occupational Titles (DOT) litigated? The only thing restraining Social Security attorneys from litigating has been the fear of what might replace the DOT. 

Carolyn Colvin To Be ACOSS

 

    The National Organization of Social Security Claimants Representatives (NOSSCR) is reporting that Carolyn Colvin will once again serve as Acting Commissioner Of Social Security (ACOSS). She had served previously in that role from 2013-17.

    Of course, the incoming Trump Administration can designate someone else for the acting position or can quickly nominate someone to be the confirmed Commissioner of Social Security.

    Also, of course, Colvin isn't obligated to hang around if she is ordered to make layoffs that would have a disastrous effect on the agency.

Telework Thread

     I'm tired of deleting comments from readers who try to post their views about telework in response to every post I make, whether telework is relevant to what I posted or not. So, here is a post about telework. I don't have anything to say about it. Unlike most of my readers I don't have strong feelings about it. I just want to let readers speak their minds about telework. Have at it. Make endless, tedious, pointless comments if you want and let the comments on the other posts be about those posts.

Yesterday's Hearing

     The hearing yesterday before the Labor-HHS Subcommittee of the House Appropriations Committee went about as I expected but there were interesting details.

Robert Aderholt, Subcommittee Chair

    Robert Aderholt, the Chair of the Subcommittee, spoke first. He said he was happy that Commissioner O'Malley had already come to his office to discuss the agency's appropriation. He said that less than half of agency heads did this, which I find surprising. He also said that this was the first House Appropriations Committee hearing on Social Security in a decade. I knew it had been a long time but that's even more than I imagined. Note to future Commissioners, including Acting Commissioners: Meet with Appropriations Committee members on as regular a basis as you can.

    Aderholt went quickly into Republican talking points which basically amount to pressure to force an end to telework and a demand that the agency manage its way out of its service delivery problems. In particular, he didn't like the amount of overtime at Social Security and thought that it was being abused by employees. Maybe there are problems with overtime but if it there are, it's just the normal sort of management issue that you find at any large entity. It's hardly responsible for any work backlogs, nor is telework. Just about every entity employing white collar employees allows telework. If you don't allow it, you have a hard time holding onto your employees or hiring new ones.

    The other Subcommittee members divided along party lines in predictable and somewhat depressing ways. My limited experience with Congressional hearings in past decades was that they were nowhere near as partisan as this.

     There were many questions along the lines of “Can’t you use AI so you can give better service inexpensively?” The Commissioner’s answer was basically “We hardly have the money to maintain the systems we already have so we can’t possibly afford new AI contracts.”

    It grated on me that Commissioner O'Malley kept saying he had "turned around" Social Security. He's a politician so you expect some hyperbole but saying that the agency has been "turned around" is over the top. O'Malley has done a good job in the short time frame he's had but actually "turning around" the agency was impossible without more time and more money.

    In the end, I hope I'm wrong but I would be surprised to see any additional money for Social Security coming out of this Subcommittee.

    Republicans will get a chance to see whether a Trump appointee as Commissioner can manage the agency out of its service delivery problems. I don't have high hopes of anyone even being nominated for the position for many months, if not years, into the future. Given the quality of the man Trump appointed in his first term in office, I'm not expecting a transformational leader.

House Appropriations Hearing

     The written witness statement of Commissioner Martin O'Malley for today's hearing before the Labor-HHS Subcommittee of the House Appropriations Committee is already available. I think someone slipped up. They normally embargo these until literally the moment the witness starts speaking.

    The hearing, which is set for 10:30, will be available for viewing online.