Social Security Bill Signed Into Law

     From a press release issued last Friday:

Today, President Trump signed into law the Strengthening Protections for Social Security Beneficiaries Act of 2018 (H.R. 4547). Introduced by Ways and Means Social Security Subcommittee Chairman Sam Johnson (R-TX) and Ranking Member John Larson (D-CT), this bipartisan legislation will modernize the representative payee program so that it will better protect Social Security beneficiaries who are unable to manage their own benefits. ...

Specifically, the Strengthening Protections for Social Security Beneficiaries Act of 2018 will:

• Strengthen oversight of representative payees by increasing the number of performance reviews of payees, requiring additional types of reviews, and improving the effectiveness of reviews;
• Reduce the burden on families by eliminating the requirement to file the annual accounting form for representative payees who are parents living with their children or who are spouses;
• Protect the most vulnerable beneficiaries through improved information-sharing by requiring the Social Security Administration (SSA) to identify whether a beneficiary is in foster care and reassess whether the payee is appropriate, and by directing the SSA to study how better to coordinate with Adult Protective Services and with state guardianship courts;
• Enhance personal control by allowing beneficiaries to make a designation of their preferred payee in advance, and improve payee selection by requiring the SSA to assess the appropriateness of the order-of-preference list it uses to select payees;
• Limit overpayment liability for children in the child welfare system; and
• Ensure that no beneficiary has a barred payee by codifying the policy that bans individuals with certain criminal convictions from serving as payees (including individuals currently serving as payees) and prohibiting individuals who have payees from serving as a payee for others.

I Hope Andrew Saul Doesn't Endorse This

     Andrew Saul, President Trump's nominee for Commissioner of Social Security, was on the board of trustees of the Manhattan Institute for Policy Research. He's off now but I can't tell when he joined or left that board.
     Here's an excerpt from a recent op ed by a Senior Fellow at the Manhattan Institute with my comments in brackets.

The American polity recently tore itself apart debating the morality of adding $1.5 trillion in tax cuts to the national debt. Yet the $82 trillion avalanche of Social Security and Medicare deficits that will come over the next three decades elicits a collective shrug. Future historians — and taxpayers — are unlikely to forgive our casual indifference to what has been called “the most predictable economic crisis in history.” ...

Politicians brush aside the issue by promising easy fixes. Tax the rich? Doubling the 35 and 37 percent tax brackets to 70 and 74 percent would close just one-fifth of the long-term Social Security and Medicare shortfall. Even seizing all annual income earned over $500,000 would not come close. [These are damned lies. The long term Social Security deficit is 2.83% of taxable payroll. You can solve most of the long term financing problem simply by eliminating the FICA earnings cap.] ...

In reality, balancing the long-term budget without reforming Social Security and Medicare (and fast-growing Medicaid) would require either nearly doubling income-tax rates across the board or eliminating nearly every remaining federal function. [There's no way around it. This is a preposterous lie.] ...

[T]here’s the argument that Social Security and Medicare represent an unbreakable, unamendable promise to the elderly, consequences be damned. Of course, today’s teenagers never signed up for this budget-busting deal. Besides, benefits have been repeatedly expanded far beyond what current retirees were promised while working.

Those reasonably claiming “I just want the benefits I earned!” should be considered allies for reform. Setting lifetime Social Security and Medicare benefits equal to the net present value of each person’s lifetime contributions to the systems — and not a penny more — would eliminate most of the long-term shortfall. ...

More realistically, Social Security can be addressed by gradually raising the eligibility age and more aggressively means-testing benefits for wealthy retirees. [Actually, these measures wouldn't do nearly as much good as eliminating the FICA cap. However, a 0.25% tax on financial speculation with revenues going to the Social Security trust funds would solve 93% of the long term shortfall. ] ...

     It's not fair to blame or credit Mr. Saul for everything written by a person who works for a "think tank" merely because he was at one time on that think tank's board of trustees but this may be the most obviously deceptive, intentionally misleading piece on Social Security financing that I've ever read and I've read a lot. It's ridiculous on its face and it's not the only obnoxious piece produced by the Manhattan Institute. I hope that Saul repudiates this sort of thing.

Lucia Case And Robert Mueller

     From the Los Angeles Times:

The Supreme Court is set to hear a seemingly minor case later this month on the status of administrative judges at the Securities and Exchange Commission, an issue that normally might only draw the interest of those accused of stock fraud.  

But the dispute turns on the president's power to hire and fire officials throughout the government. And it comes just as the White House is saying President Trump believes he has the power to fire special counsel Robert S. Mueller III. 

Trump's Solicitor Gen. Noel Francisco intervened in the SEC case to urge the high court to clarify the president's constitutional power to fire all "officers of the United States" who "exercise significant authority" under the law. ... 

Peter Shane, a law professor at the Ohio State University, called Francisco's argument a "radical proposition," and one that goes beyond what is at issue in the case. The justices said they would focus only on how the SEC in-house judges are appointed. But Francisco is asking them to go further and rule on the "removal" issue. 

"The solicitor general is obviously trying to goad the court into a broad statement about the removability of all officers of the United States," Shane said. "Were the court to make any such statement, it would surely be cited by Trump as backing any move by him to fire Mueller directly." ... 

Francisco's defense of broad presidential power is likely to win favor with Chief Justice John G. Roberts Jr. and the court's other conservatives. In 2010, Roberts spoke for a 5-4 majority that struck down a provision in the Sarbanes-Oxley Act, which created an independent public accounting board at the SEC whose members could be fired only for "good cause." 

Roberts said shielding these "officers of the United States" from presidential control was unconstitutional. "Since 1789, the Constitution has been understood to empower the president to keep these officers accountable — by removing them from office, if necessary," he wrote in Free Enterprise Fund vs. Public Company Accounting Oversight Board. ...

Social Security Claims, Awards And Number In Payment Continue To Decline

From Social Security's Office of Chief Actuary

Better Call Saul: New Commissioner Nominated

     From the White House:

President Donald J. Trump today announced his intent to nominate the following individuals to key positions in his Administration:

Andrew M. Saul of New York, to be Commissioner of Social Security, for the remainder of a six year term expiring January 19, 2019 and for an additional six year term expiring January 19, 2025.  Mr. Saul is currently a partner with Saul Partners, L.P. His previous business positions include: Chairman of the Board of Cache, Inc., President of Brooks Fashion Stores, Inc., and President of BR Investors. His previous public service includes tenures as Chairman of the Federal Retirement Thrift Investment Board and Vice Chairman of the Metropolitan Transportation Authority. Presently, he is a Commissioner for Westchester County, New York. Mr. Saul’s philanthropic involvement includes serving as Vice Chairman of the Mt. Sinai Health System in New York City, Vice Chairman of the Icahn School of Medicine at Mt. Sinai, a Trustee of the Metropolitan Museum of Art, and a Trustee for the National Gallery of Art in Washington, DC. He is a former board member of the United Jewish Appeal Federation of New York. Mr. Saul is a graduate of the Wharton School of Finance at the University of Pennsylvania, and serves on its Board of Overseers.

     Here's Saul's bio from Wikipedia. This must have been prepared by Saul or someone working for him.
     Is it possible for him to be confirmed now for a term that doesn't begin for nine months?
     Trump is also making the following nomination for Deputy Commissioner:

David Fabian Black of North Dakota, to be Deputy Commissioner of Social Security for the remainder of a six-year term expiring January 19, 2019.  Mr. Black currently serves as the White House Senior Advisor at the Social Security Administration.  He served as SSA’s General Counsel from October 2007 until July 2015.  From 2004 through 2007, he served as the Deputy Assistant Secretary in the Department of Education’s Office for Civil Rights.  Mr. Black is a Lieutenant Colonel in the U.S. Army Reserve where he deployed to both Afghanistan and Iraq in support of the Global War on Terrorism and earned a Bronze Star Medal.   Mr. Black holds a J.D. from the University of Minnesota and a B.A. in political science, summa cum laude, from the University of North Dakota.

Who Do You Sue And How Much Can The Attorney Get Paid If That Suit Is Successful?

     One minor issue caused by the absence of a confirmed or even acting Commissioner of Social Security is who do attorneys sue when they sue Social Security after a claimant has been denied. The statute says to sue the Commissioner. Normally, we sue the Commissioner or Acting Commissioner by name.
     The Solicitor General, who represents the federal government, including Social Security, before the Supreme Court, faced this issue recently in making a filing before the Supreme Court. Here's how they titled the case:

RICHARD ALLEN CULBERTSON, PETITIONER v. NANCY A. BERRYHILL, DEPUTY COMMISSIONER FOR OPERATIONS, SOCIAL SECURITY ADMINISTRATION

     By the way, this was a response to a petition for a writ of certiorari, that is a request that the Court hear a case. The Solicitor General is supporting the petition, which means that it probably will be heard. The issue in the case is:

Whether 42 U.S.C. 406(b)(1)(A) establishes that 25% of a claimant’s past-due benefits under Title II of the Social Security Act is the maximum aggregate amount of attorney’s fees that may be charged for representing the claimant in both administrative and court proceedings under Title II [of the Social Security Act].

Now We Know What Happened To Conn's Files

Files stored in Conn's former office

     One nagging issue with the redeterminations of disability for Eric Conn's former clients is the files that Eric Conn kept on his clients. While Conn may not have done that much development of medical records on his clients surely some fell into his lap, brought in by his clients. Did he bother to give any of this to Social Security? There had been reports that Conn had burned many files. However, recently photos and videos surfaced showing the client files still in his former offices.
     A local media outlet contacted the Department of Justice concerning those files. This is an e-mail from an attorney with the Department of Justice in response to that inquiry:

Sorry for the delayed reply. It is inaccurate to report that the United States is moving forward with the redetermination process while simultaneously denying claimants access to the records needed to appropriately litigate their claims. It is also inaccurate to report that the Justice Department advised individuals that the files were destroyed. The U.S. government has not forfeited Conn’s law office yet. Those proceedings are pending before the Court. Therefore, the Justice Department does not have custody of the law office and have neither the authority to admit or deny anyone from entering the property. Moreover, the contents of the law office, including the claimant files, are not subject to forfeiture, thus, the United States does not and will not possess or have access to the claimant files. However, the Department is assisting in the process of having a receiver appointed by the Kentucky Bar Association, who has constructive possession of the files, to gain actual possession of the files, and return them to clients for their SSA redetermination hearings.

     By the way, it's long settled law that the files that an attorney keeps on his or her clients don't belong to the attorney but to the clients. It's the same with medical records maintained by physicians.

Oh, The Hypocrisy

     From Michael Hiltzik writing for the Los Angeles Times:

One would have thought that after saddling the U.S. economy with a tax cut costing $1.5 trillion over 10 years, conservatives and their patrons in corporate America would soft-pedal the usual attacks on Social Security, Medicare and Medicaid. 

One would be wrong. 

Recently, the drumbeats for cuts in social insurance benefits have been sounding louder. As is traditional, the call for cutbacks is placed in the context of concern about rising federal deficits. ... 

The politicians unsheathing their paring knives for Social Security and Medicare undoubtedly are hoping that Americans' memories are short — that when they claim that it's social programs like these that are driving the deficit, no one will recall that the single biggest driver of red ink is that tax cut delivered to the very members of society who needed help the least.