ALJ Boini Case Attracts Attention

   The National Review, a right wing publication, has an article on a subject that I've posted about previously, Social Security Administrative Law Judge (ALJ) Sridhar Boini, who has been charged with indecent assault on two Social Security employees and with having problems with alcohol. The allegations date back to 2012. The agency would like to fire Boini but that's easier said than done. Social Security has to go through special procedures before disciplining an ALJ. In the meantime, Boini is still being paid even though he's not working. This is pretty standard for this sort of situation and, yes, these situations do arise at Social Security. Only a tiny, tiny percentage of ALJs go so far astray that Social Security not only wants them disciplined but doesn't even want them on the job at all. However, with around 2,000 ALJs on duty the agency is bound to have a very few of these cases at any given time. The delays aren't Social Security's fault. The problem is at the Merit Systems Protection Board which adjudicates ALJ discipline cases. I'd be willing to bet that the backlogs at MSPB have to do with lack of adequate funding. I wonder if the National Review would support additional funding for MSPB to help it work off its backlogs. And, yes, ALJs do deserve additional protection against being fired. No one with any sense wants ALJs subject to being fired for merely being independent adjudicators. That doesn't seem to be the case here but take away the MSPB protection and the potential exists. Even the National Review might have been unhappy if ALJs had been fired for issuing decisions that the Obama Administration disagreed with.
     By the way, the National Review article talks about the raises that Boini has received but neglects to mention that they were nothing more than routine cost of living adjustments given to all federal employees. That's the sort of thing that makes you suspect that the National Review has an ax to grind.

Acting Commissioner Message On Hiring Freeze

From: ^Commissioner Broadcast
Sent: Wednesday, January 25, 2017 11:36 AM
Subject: Presidential Executive Order Freezing Federal Hiring

A Message To All SSA And DDS Employees

Subject: Presidential Executive Order Freezing Federal Hiring

In my first communication as Acting Commissioner, I committed to keeping you informed when actions directly impact the agency’s mission and employees. 

 

As you may have read, the new Administration released an Executive Order freezing most Federal hiring effective immediately.  At this time, we do not have specific information to share.  I realize the uncertainty is challenging, but know I can count on you to continue to stay focused on the agency’s mission.  I will continue to do my part to keep you informed as we receive more information from the Office of Management and Budget and the Office of Personnel Management. 

As always, thank you for all that you do to extend compassion and commitment to those we serve every day. 

  

Nancy A. Berryhill

Acting Commissioner

Congress To "Review" Gun Control Regs

     A National Rifle Association press release says that Congress has agreed to "review" the new regulations that just went into effect that require that the Social Security Administration add the names of some individuals receiving benefits through a representative payee to the national list of individuals who are not allowed to purchase firearms. I don't know what the NRA means by "review."

Hiring Freeze

     The new President has ordered a federal civilian hiring freeze. Ne vacancies may be filled. No new positions may be created. There is an exception for Senior Executive Service positions. The Director of the Office of Management and Budget (OMB) can grant exceptions from the order.

     This is in line with the long-standing Republican talking point that the "federal bureaucracy is bloated." A hiring freeze couldn't possibly cause a problem if there are way too many employees.

     The reality is that federal agencies are already understaffed. A hiring freeze creates problems almost immediately and the problems get worse and worse as the hiring freeze goes on but to understand this you have to have some knowledge about how government works and some concern that it actually does work.

A Message From The New Acting Commissioner

From: ^Commissioner Broadcast
Sent: Monday, January 23, 2017 8:34 AM
Subject: Commissioner’s Broadcast – 1/23/17

A Message To All SSA And DDS Employees

Following in the footsteps of past Commissioners, I am honored and humbled to serve as the Acting Commissioner of Social Security while we await the confirmation of a permanent Commissioner.

A special thank you to Acting Commissioner Carolyn W. Colvin for her years of leadership and accomplishments.  We wish you the best! 

During this time of transition, I ask that you continue to focus on our mission of public service.  Despite any changes that may occur, our focus remains the same – providing service that is efficient, compassionate and balanced while protecting the integrity of our programs.   Whether you serve the public directly or indirectly, you are essential to our success. 

I have been with the agency for over 40 years starting as a GS-2 clerical in Chicago and have always been very passionate about public service.  I know you share my passion. I have seen first-hand your dedication and commitment to our mission.  You, the employees, are the core of what we do every day and the reason we have been able to build a legacy of public service.  I look forward to continuing our legacy together. 

Thank you for everything you do each and every day. 

Nancy A. Berryhill

Acting Commissioner

Creepy

     From some television station in Florida that chooses to hide its call letters:

A Charlotte County Social Security Administration employee was accused of using information from his job to contact women. 

One incident allegedly happened in early January to a Charlotte County woman who went into the office to get a new social security card. 

The victim told NBC2 she never saw this particular employee while she was at the office. Instead, she said she shared her information with another employee, including her name, address, family member names, social security number, and even phone number, to get a new identification card. 

The victim told NBC2 she never saw this particular employee while she was at the office. Instead, she said she shared her information with another employee, including her name, address, family member names, social security number, and even phone number, to get a new identification card. 

Shortly after leaving the office, she said she received a text from a number she didn't recognize. The person on the other side first claimed to have met her out, but later admitted to having seen her at the federal office building. 

“I started getting weird text messages,” the victim explained. “I was just trying to ask how this person got my number. He started lying, saying he saw me out. I know that wasn’t true.” 

The victim quickly became concerned, knowing how much personal information was shared at the office. 

“It really freaked me out,” she said. “It scared me. I didn’t know what to do.” 

She contacted administrators, who indicated this was not the first time someone complained about the employee contacting them personally. 

Weeks later, the victim said a family member saw the same employee still working at the social security office. 

“I felt like it was kind of brushed off like it was no big deal.” 

After a post made by the victim went viral, several comments revealed similar instances of other women involving the same man contacting them after they visited the social security office. ...

We The People Are Greater Than Fear

Berryhill Replacing Colvin

     Carolyn Colvin is no longer Acting Commissioner of Social Security. She has been replaced by Nancy Berryhill. If you are suing the Social Security Administration, you would now sue Berryhill rather than Colvin. If you already have a suit pending against Colvin, you don't have to do anything. This situation is addressed in §25(d) of the Federal Rules of Civil Procedure:

Public Officers; Death or Separation from Office. An action does not abate when a public officer who is a party in an official capacity dies, resigns, or otherwise ceases to hold office while the action is pending. The officer's successor is automatically substituted as a party. Later proceedings should be in the substituted party's name, but any misnomer not affecting the parties’ substantial rights must be disregarded. The court may order substitution at any time, but the absence of such an order does not affect the substitution.