Hard Edged Approach To Union

     From Government Executive:

Officials at the Social Security Administration informed the union representing administrative law judges Thursday that it is unilaterally implementing a new management edict, effectively voiding an existing collective bargaining agreement.

In an email to officials at the Association of Administrative Law Judges, SSA Associate Commissioner in the Office of Labor-Management and Employee Relations Ralph Patinella justified implementing a new unilateral CBA that made changes to nine contract provisions by saying the union ... “declined to bargain” on implementation of the Trump administration’s recent workforce executive orders.

But Marilyn Zahm, president of the Association of Administrative Law Judges, said nothing in the existing collective bargaining agreement requires them to engage in midterm bargaining on issues already covered by the CBA. The move by SSA comes just one day after the union filed an internal grievance over the unilateral implementation of executive order provisions governing official time.

Zahm said that on July 6, SSA informed her that the agency would immediately begin implementation of the controversial edicts, starting with a severe reduction in the amount of official time allowed for union employees, the refusal to grant official time to work on grievances and the end of agency subsidies for travel.

“I had to take personal leave last week for an already scheduled arbitration,” Zahm said. “And I went to the hotel to check in, and I found out that the reservation had been cancelled. The government cancelled my reservation right out from under me, and it wasn’t even being paid for with a government credit card.”

Among the changes to SSA union policy effective July 9 are a reduction in the so-called “bank” of official time available to the association as a whole between then and the end of September from 5,500 hours to 400. Official time also can no longer be used to represent employees in grievances. And the union will no longer be able to maintain office space on agency property after July 31. ...

Continued Decline In Social Security Workforce

     The Office of Personnel Management (OPM) has posted updated figures for the number of employees at the Social Security Administration:

• March 2018 61,487
• December 2017 62,777
• September 2017 62,297
• June 2017 61,592
• March 2017 62,183
• December 2016 63,364
• December 2015 65,518
• December 2014 65,430
• December 2013 61,957
• December 2012 64,538
• September 2011 67,136
• December 2010 70,270
• December 2009 67,486
• December 2008 63,733
• September 2008 63,990

     Did you fall for the fairy tale that a bigger appropriation to Social Security would result in better service? The increase in funding was slight and Republicans in Congress made sure that the increase would go to politically connected contractors instead of into hiring the personnel needed to get the work done. I think the attitude of Republicans in Congress to Social Security's ability to deliver service to the public ranges from indifference to an active desire to sabotage.

Eric Conn Client Getting "Three Hots And A Cot" But A Former Client Is Homeless

    From WYMT:

Thousands of former clients of Eric C. Conn have had their social security benefits taken away and are being scheduled for redetermination hearings to see if and when they can get those benefits back. While Conn is in prison with a roof over his head and food in his stomach one of his former clients is struggling to have even that. 

"I have nothing...I'm homeless right now and I have nothing," said Thomas Mullins.  ...

But nearly two years ago Mullins, who can not read or write, lost his benefits during a hearing where his only council was the Social Security Administration....

"They (Social Security Administration) told me I didn't need a lawyer and I went in front of them and they cut my benefits off without a lawyer," Mullins explained. ...

Mullins' oldest son, Jacob, says the situation has left his dad considering the unimaginable.

"I know that thoughts of suicide...he's talked with me about it..and it's just...I mean just hold on as long as you can," said Jacob Mullins.

Mullins says there is still hope as he has a redetermination hearing scheduled in September. ...

Congressional Hearing Scheduled On "Changes To Social Security Disability Appeals Process"

     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 “Examining Changes to Social Security’s Disability Appeals Process.” The hearing will focus on recent and planned changes affecting the Social Security Administration’s (SSA’s) disability appeals process, the metrics the SSA uses to evaluate process changes, and the progress the SSA has made to address the appeals backlog. The hearing will take place on Wednesday, July 25, 2018, in 2020 Rayburn House Office Building, beginning at 10:00 AM.

     Uh, what changes apart from the downturn in claims and appeals? I'm sure Lucia issues will be raised but that's not really a change in the "process."

Social Security Following Anti-Union Trump Orders With "Gusto, Joy And Clear Purpose"

     From Joe Davidson writing for the Washington Post:

President Trump's recent executive orders are a serious assault on federal labor organizations, but it is taxpayers who could become collateral damage.

Consider the Social Security Administration (SSA), which deals more directly with clients than most. It is on the front lines of the Trump-union clash, because officials there are enforcing his commands more aggressively than management at many agencies. Three orders issued in May sharply cut the time available for union officials to represent the workforce, restricted their ability to bargain collectively and sped the firing of federal employees. Another order, issued last week, would diminish administrative law judges, most of whom decide Social Security disputes involving recipients.

While the federal workforce and its representatives are the target of the orders, Social Security beneficiaries could be the victims, warned Max Richtman, president and chief executive of the National Committee to Preserve Social Security and Medicare. He said the impact on them is  pretty direct and dramatic.  Calling agency employees  so dedicated,  he said that  when they re faced with a pretty hostile employer in the government executive in particular, their ability to perform their central duty is undermined and that will lead to a detrimental impact on Social Security beneficiaries. ... [I]mplementation [of the President's orders] is more like imposition and has been done with a vengeance, according to Witold Skwierczynski, president of AFGE's National Council of SSA Field Operations Locals.  SSA followed the Trump administration's executive order  guidance  with gusto, joy, and clear purpose,  he said.

But the administration s gusto and joy is a bummer for Social Security employees and that could be a drag for Social Security recipients.

Richtman and Nancy Altman, president of Social Security Works and chair of the Strengthen Social Security Coalition, cited the effect of Trump's actions on employee morale and the resulting impact on service.

Altman is particularly concerned about Trump s order that devalues administrative law judges (ALJ) by eliminating all but the most minimal requirements for new hires. Additionally, they would be selected by agency heads without first being vetted by the Office of Personnel Management as was the procedure. That makes the process more vulnerable to politicization. ...

ABA Opposes Schedule E

     From FCW:

A House lawmaker is looking to block a July 10 executive order reclassifying administrative law judges outside of the competitive service under a new appointment authority dubbed Schedule E. ...

Rep. Bobby Scott (D-Va.) is offering an amendment to an appropriations bill to prohibit the use of Office of Personnel Management funds in implementing the order. ...

Hilarie Bass, president of the American Bar Association, is opposing the order and supporting Scott's amendment.

"By giving agency heads sole discretion to hire ALJs who will be making determinations affirming or overturning decisions rendered by that agency, the EO has the potential to politicize the appointment process and interfere with the decisional independence of ALJs," Bass wrote in a July 16 letter to the leaders of the House Rules Committee, urging the adoption of Scott's amendment. ...

What Took You So Long?

Email from the Chief ALJ

Colleagues,

On June 21, the Supreme Court issued its decision in Lucia v. SEC, Case No. 

 17-130.  The holding in Lucia was narrowly tailored to SEC ALJs, and does not directly implicate SSA ALJs or our programs.  After analyzing the holding in Lucia and consulting with the Department of Justice, earlier today the Acting Commissioner ratified the original selection of incumbent SSA ALJs and approved their current appointments in the competitive service.  Moving forward, affirmation of the oath of office will be administered, and your e-OPF files will be updated accordingly to reflect these actions.

On July 10, 2018, President Trump issued an Executive Order 13843 (EO). This order addresses potential constitutional concerns with the ALJ appointment process without affecting ALJs  qualified decisional independence or altering the status of ALJ incumbents.  The EO provides prospective direction; therefore, the Acting Commissioner s actions to ratify the appointment of incumbent ALJs to their position in the competitive service is in accordance with the EO.

The Supreme Court once described our hearings operation as the largest adjudicatory system in the world.  At the heart of our massive and complex operation is each of you, who serve as the face of this agency for thousands of people every day.  Your dedication is a testament to public service and is critical to ensuring that our vital work for the American public continues uninterrupted.  Thank you for your service and dedication.

Patrick Nagle

Waiting In Atlanta

     From WGCL:

An Atlanta veteran who once served in the Navy is now living in and out of homeless shelters.

George Hocker reached out to CBS46 reporter Natalie Rubino after he'd been waiting two years for social security.

After his service, Hocker worked for decades as an executive assistant. But in 2009, he had his first heart attack.

"Recovered from that, went back to shortly after I went back to work I had a second heart attack," said Hocker.

He recovered from that too but he had a third heart attack. So in 2013, Hocker applied for disability with social security. At 55 years old he was denied.and couldn't find a job in his field.

Hocker then worked retail for three years until it became too painful to stand for long periods of time.

"I went to the doctor and found out I had peripheral artery disease on top of my coronary artery disease," he said.

His VA doctor told the SSA that Hocker couldn't work. Still he was once again denied disability benefits. So he went to the VA to for help.

"They said you have to actually become homeless before we can do anything for you," said Hocker.

But the head of the Social Services Department for the VA tells CBS46 they did provide Hocker with other resources.

"We provided all of those resources but it's the veterans choice whether they follow up or go with a or b."

Hocker says after he became homeless the VA placed him at the Salvation Army's shelter. Now he's desperately waiting for an appeal date with social security. ...

A spokesperson for social security also tells Natalie Rubino after hearing about Hocker's case, they've requested that his appeal court date be scheduled immediately.