More Same Sex Marriage Litigation

     From YubaNet.com:

Lambda Legal today filed a lawsuit against the U.S. Social Security Administration (SSA) on behalf of a 65-year-old gay man seeking spousal survivor’s benefits based on his 43-year relationship with his husband, who died seven months after Arizona began allowing same-sex couples to marry. The lawsuit filed on behalf of Michael Ely in the U.S. District Court for the District of Arizona argues that SSA’s imposition of a nine-month marriage requirement for social security survivor’s benefits is unconstitutional where same-sex couples were not able to be married for nine months because of discriminatory marriage laws.

They Don't Give Up; Neither Can We

     It won't surprise anyone familiar with the publication but the National Review has posted a piece calling for Social Security disability "reform." The "reform" they have in mind is ending Social Security disability and letting the states handle disability benefits, if they choose. You know the same people arguing for letting the states handle it would then argue that the states shouldn't handle it.

     Don't worry. This wouldn't have happened even with Republicans in control of Congress and it's definitely not happening with Democrats gaining control of the House of Representatives in a few weeks but the right wing doesn't give up. They keep coming back with the same bad, hugely unpopular ideas.

Expect To Hear More About This Once The New Congress Convenes

     From the New York Times:

.. The average wait time to see a claims agent in [Social Security] field offices was 26.5 minutes in fiscal 2018 — 37 percent higher than in 2010, according to the National Council of Social Security Management Associations, an organization composed of field office and telecommunications service center managers. 

And the wait times can be much longer. 

“People line up early at Social Security offices around the country,” said Christopher Detzler, who manages a field office in Vancouver, Wash., and is the council’s immediate past president. “Sometimes the lines wrap around the building, even for offices with more reasonable wait times.” 

Contacting Social Security through its toll-free number can be difficult, and 15 percent of callers heard a busy signal when calling during fiscal 2018, according to the council. (Appointments for phone conversations or in-person visits can be scheduled in advance by calling the toll-free number or a local field office.) 

Most of the workers who have departed were among Social Security’s longest-serving employees. All 3,400 field office staff reductions since 2010 have come through attrition, Mr. Hinkle [a Social Security spokesperson] said. 

“It’s not just lost head count, but lost institutional knowledge,” says Nancy Altman, president of Social Security Works, an advocacy group, and a member of the Social Security Advisory Board, a bipartisan, independent federal agency that advises the government on Social Security policy and its administration. ... 

Social Security serves one million more beneficiaries each year. If its budget had kept pace with the Consumer Price Index since fiscal 2010, it would be $1.3 billion higher in fiscal 2019 than the $11.1 billion that has just been allocated, Ms. Romig [of the Center on Budget and Policy Prioritied] said. And that is a conservative figure, because costs for big items, like office rent and health care, tend to rise more quickly than the C.P.I. [Consumer Price Index]...

Have A Great Thanksgiving Feast!

Happy Thanksgiving

Good News For Eric Conn's Former Clients

     There as finally been a decision in the 6th Circuit Court of Appeals in a case concerning the serious legal and constitutional issues presented by Social Security's reviews of prior decisions made in cases where Eric Conn had represented the claimant. This requires study but it appears to be good news for these claimants.

     The 6th Circuit is, by a wide measure, the most conservative of the Courts of Appeals. If Social Security can't win there, they can't win. However, I would expect that the agency will ask that the case be reheard en banc, that is by all members of the Court, rather than by a three member panel as is usually the case.

I Haven't Heard Of This One Before

     From the News Virginian:

A man wearing a suit and silver badge recently went to a Staunton residence and said he is an investigator for the Social Security Administration, according to the Staunton Police Department.

Police said the man was described as a black male who spoke with a heavy foreign accent.

The scam the man was perpetrating involves him displaying the badge and claiming there is fraud activity in the targeted person's account. The victim was then told police will respond if the Social Security employee is not given money. The man left the area after the victim declined to speak further.

National Disability Forum

     An announcement from Social Security:

Social Security’s National Disability Forum, Enhancing the Reconsideration Process
Wednesday, November 28, from 1:00 p.m. - 4:00 p.m. EST
1100 New York Avenue NW, Suite 200 East, Washington, DC 20005

You may also participate via live stream.

We are seeking feedback on improving the disability claims process - especially at the reconsideration step. Panelists Include:

• Moderator - Darlynda Bogle, Executive Secretary, Office of the Commissioner, Social Security Administration
• Phoebe Ball, Legislative Affairs Specialist, National Council on Disability · Cheryl Bates-Harris, Senior Disability Advocacy Specialist, National Disability Rights Network
• Dr. Sharon Bland-Brady, President, National Association of Disability Examiners
• Lisa Ekman, Director of Government Affairs, National Organization of Social Security Claimants’ Representatives
• Trudy Lyon-Hart, Policy/Quality Committee Chair and Board Member, National Council of Disability Determination Directors
• Christopher Mazzulli, Treasurer, National Association of Disability Representatives

Please register online by Monday, November 26, and note whether you will be attending in person or via live stream. Additional details will be provided to live stream participants prior to the event. We hope you can join us and look forward to your participation. To learn more about the National Disability Forum, please click http://www.socialsecurity.gov/ndf/ .

     I don't know that this announcement itself is on the interwebs. I found out about it from the National Organization of Social Security Claimants Representatives (NOSSCR).