Nice Christmas Story -- A Simple Overpayment That Wasn't The Claimant's Fault Leads To Homelessness

     How does one become homeless? I'm sure there are a million ways. One Los Angeles resident writes movingly about his rapid descent into homelessness because of a simple Social Security overpayment. It should have been easy to resolve the overpayment. He probably would have qualified for waiver of the overpayment since he's clearly poor and the overpayment wasn't his fault but no one told him the overpayment could be waived. He thought he had a repayment schedule worked out but apparently a Social Security employee didn't do what they were supposed to be so things reverted to the default mode of seizing 100% of each month's check until the overpayment is collected.

     Why is it that seizure of 100% of each month's check is the default mode for overpayments? Is that really necessary? If the claimant is confused or even a little negligent or a Social Security employee doesn't promptly do what they're supposed to do, the claimant receives no check and many become desperate immediately. Remember, overpayments are often not the claimant's fault. Even if they are the claimant's fault, the fault is usually minor. Don't conflate overpayments with fraud.

Merry Christmas

Problem Solved Because One Child's Hearing Gets Expedited?

     From the Philadelphia Inquirer:

When Deja Mosley gave birth late last year to her second son, Camren, cataracts glazed over both of his eyes. The infant was diagnosed with glaucoma, a condition that will likely render him blind for life.

Doctors suggested that Mosley, 23, apply for Supplemental Security Income (SSI) — federal aid for those who are poor and disabled, blind, or elderly. But Camren’s February application was denied, concluding that he was not blind. Doctors told Mosley she should appeal, given Camren’s vision impairment and need for extensive eye surgeries. So she did, in May.

“People said it would take a year,” Mosley said.

Instead, she got an early December hearing date. And then came even better news: In a call last week with her lawyer, an administrative judge ruled that Mosley’s son did deserve the benefits, removing the need for a hearing.

The resolution reflects a stark improvement in a system that had been notoriously sluggish. In January, the Inquirer and Daily News chronicled how Philadelphia’s disability appeal hearing office had the worst average wait time in the country — 26 months — and a backlog of about 5,000 cases. ...

Since then, Social Security has about doubled the number of judges and decision writers assigned to each of the two Philadelphia offices and the one in Elkins Park, and transferred hundreds of cases to be prepared at less-busy offices throughout the country.

The two Philadelphia offices have each cut backlog cases by more than 1,000 this year, and are down to an average of 17 months for an appeal hearing. ...

      I'm glad this mother and child got a hearing in seven months but that doesn't change the fact that it's normally taking 17 months. Why did this one happen much sooner than usual? Was the family homeless or otherwise eligible for expediting? I can tell you that none of my clients get a hearing in less than half the normal time frame unless there's some explanation like that.

Merry Christmas

SSA Employees Get Christmas Eve Off

     By order of the President, federal offices, including Social Security will be closed on Monday, December 24. I think federal employees would have been happier if this had been announced much earlier.

Andrew Saul's Nomination

     Andrew Saul's nomination to become Commissioner of Social Security for a term ending January 20, 2019, that's right, a month from tomorrow is still pending on the Senate's Executive Calendar, along with many dozens of other nominations. Unless there's unanimous consent from all members of the Senate, it's going nowhere in this Congress. If Saul is confirmed in this Congress he wouldn't have to leave office on January 20, 2019. He could hold over indefinitely until a successor is confirmed. Unless there's some agreement to advance Saul's nomination in this Congress, he'll have to be renominated once the new Congress convenes. He wouldn't necessarily have to go through a new confirmation hearing, however. It's just a matter of what the Senate Finance Committee would want to do. No opposition to Saul's nomination has surfaced but the number of nominations pending on the Senate Executive Calendar suggests just how slow the process can be in the Senate.

Merry Christmas

What A Surprise

     The user fee -- really a tax -- on attorneys and others who receive direct payment of fees for representing Social Security claimants will remain at 6.3% in 2018.