EDPNAs

     I spotted a new Social Security acronym recently, EDPNA. At least, it was new to me. It stands for Eligible for Direct Pay Non-Attorney.

Is Social Security As An Independent Agency Constitutional?

     The Court of Appeals for the District of Columbia held yesterday in PHH Corporation v. Consumer Financial Protection Bureau that independent agencies with a single head appointed for a fixed term of office are constitutional. The argument was that this arrangement encroaches on the President's constitutional powers. If you thought that the question of whether independent agencies are constitutional had been decided in the affirmative during the New Deal, you'd be right when it comes to independent agencies headed by a multi-member board but there has never been any decision on the issue when it comes to independent agencies headed with a single head appointed to a fixed term of office. I really don't see the distinction and neither did this Court but I expect that the right wing effort to wipe out independent agencies will continue. This particular issue may eventually come before the Supreme Court.

     Of course, the Social Security Administration is an independent agency with a single head appointed for a fixed term of office. However, it would be hard to raise the constitutionality  issue now for the Social Security Administration because the agency currently has an acting Commissioner who could be removed by the President at any time.

Hearing On Social Security Service For Vets

     From a press release:

House Ways and Means Social Security Subcommittee Chairman Sam Johnson (R-TX) announced today that the Subcommittee will hold a hearing entitled “Ensuring Social Security Serves America’s Veterans” on Wednesday, February 7, at 9:00 AM in room 2253 of the Rayburn House Office Building. At the hearing, Members will examine the effectiveness of the Social Security Administration’s (SSA) initiatives to reduce processing times and expedite claims for certain veterans, as well as efforts by the agency to hire veterans.

     Our vets deserve a lot but do they deserve special treatment by the Social Security Administration? Shouldn't the goal be to provide good service to everyone?

Wanna Read All About What Social Security Wants From De-Dup? Probably Not, But Here It Is Anyway

     The agency has put out 98 pages of detail about what it wants from a computer program designed to remove duplicate medical exhibits from Social Security disability claim files.

Make Of It What You Will

     Donald Trump has now given two addresses to Joint Sessions of Congress. He has yet to use the words "Social Security" in either address. He hasn't used the word "Medicare" either.

Social Security Starting To Respond To Supreme Court Case On ALJ Constitutionality

     From Emergency Message EM-18003:

This emergency message directs administrative law judges (ALJs) to acknowledge Appointments Clause arguments raised in connection with the appeal of an administrative action without discussing or making any findings on any such arguments. This message also provides instructions in the Case Processing and Management System (CPMS) and the Appeals Review Processing System (ARPS) for flagging cases in which claimants or representatives raise such arguments. ...
[F]our plaintiffs challenging their denials of benefits in Social Security Administration (SSA) cases have raised in one district court the constitutionality of the manner in which SSA’s ALJs are appointed. The district court has stayed the Appointments Clause issue pending action by the Supreme Court in Lucia and Bandimere [the Supreme Court cases concerning SEC ALJs], while litigation of the disability issues in the cases proceed....If a claimant or representative challenges at a hearing the constitutionality of the manner in which SSA appoints its ALJs ...
What will an adjudicator do if a claimant or representative challenges the constitutionality of the manner in which SSA appoints its ALJs?

1. Challenge made orally at the Hearing level

If a claimant or representative challenges at a hearing the constitutionality of the manner in which SSA appoints its ALJs,
ALJs will only respond, “the hearing decision [/dismissal] will acknowledge that the argument was raised.” Because SSA lacks the authority to finally decide constitutional issues such as these.
ALJs will not discuss or make any findings related to the Appointments Clause issue on the record.

When issuing the hearing decision or dismissal, ALJs will acknowledge that the issue was raised by adding the following language “The claimant[/representative] also raised a challenge to the manner in which I was appointed as an administrative law judge under the Appointments Clause to the Constitution. I do not have the authority to rule on that challenge and do not address it further in this decision[/dismissal].”

2. Challenge made in writing at the hearing level

If a claimant or representative challenges in writing the constitutionality of the manner in which SSA appoints its ALJs,
ALJs will acknowledge that the issue was raised by adding the following language to the hearing decision or dismissal “The claimant[/claimant’s representative] also raised a challenge to the manner in which I was appointed as an administrative law judge under the Appointments Clause to the Constitution. I do not have the authority to rule on that challenge and do not address it further in this decision[/dismissal].”
ALJs will not otherwise discuss or make any findings related to the Appointments Clause issue.

3. Challenge made at the Appeals Council (AC) level

As challenges of the constitutionality of the appointment of SSA’s ALJs are outside the purview of the administrative adjudication, the AC will not acknowledge, make findings related to, or otherwise discuss the Appointments Clause issue. ..

If a claimant or representative raises an Appointments Clause issue, Office of Hearings Operations (OHO) and Office of Appellate Operations (OAO) staff will flag the case in CPMS and ARPS by adding the case characteristic “LUCI,” which can be found in both systems under the “Other” case characteristic type.
ALJs who receive appointment clause objections will notify hearing office management. Hearing office management will either add the LUCI case characteristic in CPMS or delegate to staff to do so....

$38.5 Million?

     From a contracting notice posted recently by Social Security:

The Social Security Administration (SSA) has a need to acquire a commercial off the shelf (COTS) software product solution including software licenses, maintenance, training and engineering / implementation support, for an enterprise-level Document Identification Process (DIP) solution to identify duplicate documents in the Social Security Administration's electronic folder and provide the ability to remove those duplicate documents to support streamlining agency business processes. ... The size standard is $38.5M. ... SSA anticipates awarding one firm fixed price/Indefinite delivery indefinite quantity contract for this effort. The period of performance shall be for a 1-year base, with four 1-year option periods. ... It is anticipated that the Request for Proposal (RFP) will be issued on or about January 30, 2018.

Something's Gotta Give

     From the Washington Post:

A new analysis by the Kaiser Family Foundation has found out-of-pocket health-care costs for Medicare beneficiaries are likely to take up half of their average Social Security income by 2030. ...\

[I]n 2013, among all Medicare beneficiaries, average out-of-pocket health-related expenses consumed 41 percent of the average Social Security income, according to a report made available exclusively to The Washington Post.

"This is substantially higher than the share reported by the Medicare actuaries for the same year (23 percent) because it takes into account the full array of out-of-pocket health expenses that people on Medicare face," according to the report. ...