Trump Hiring Freeze Will Lengthen Already Terrible Hearing Backlogs

     From Bloomberg:

President Donald Trump’s federal hiring freeze may exacerbate a backlog of appeals for Social Security Disability Insurance that has grown so big that an average case takes more than a year to be heard [actually well over a year]. 

“These are people who are desperate,” Judge Marilyn Zahm, president of the Association of Administrative Law Judges union, said. “There may be a hiring freeze on federal employment, but there’s no freeze on people getting older, people getting sicker, people having injuries and accidents, and people needing disability insurance.” ... 

“To better serve the American public, the Social Security Administration needs more budget and staff resources, not less,” said Kenneth Apfel, who led the agency under President Bill Clinton and now teaches at University of Maryland’s public policy school. “I think it’s going to be pretty devastating,” said Michael Astrue, a George W. Bush appointee who served in the same role. ...

ERE Down

     Social Security's Electronic Records Express (ERE) system is down. It's been down since sometime yesterday. ERE allows attorneys access to their clients' electronic files at Social Security. Attorneys can upload new medical records via ERE. This may be the longest period of ERE downtime I can remember.

     Does anyone have any idea how much longer this will go on? Is it just those of us on the outside who are affected or does this affect Social Security employees as well? If this isn't affecting agency employees I wonder whether higher agency management is even aware of the problem. It's certainly becoming a big deal in my office.

Disability Trust Fund Improves

     Social Security has released the final 2016 numbers on the Disability Insurance Trust Fund. The Trust Fund balance had been declining over the last few years until there was a temporary reallocation of FICA revenues. That started at the beginning of 2016. You can see the improvement that resulted.

Disability Insurance
(Amounts in millions)

Quarter	Total income	Total outgo	Net increase in asset reserves	Asset reserves at end of quarter
Qtr 1, 2015	$30,582	$36,483	$-5,901	$54,343
Qtr 2, 2015	33,697	37,241	-3,544	50,799
Qtr 3, 2015	27,508	36,651	-9,143	41,656
Qtr 4, 2015	26,808	36,206	-9,397	32,259
Qtr 1, 2016	39,509	36,509	2,999	35,258
Qtr 2, 2016	45,519	37,049	8,470	43,728
Qtr 3, 2016	38,457	36,444	2,012	45,740
Qtr 4, 2016	36,512	35,914	598	46,338

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