Mar 19, 2019

Headcount Ticks Up

     The Office of Personnel Management (OPM) has posted updated figures for the number of employees at the Social Security Administration:
  • September 2018 62,519
  • June 2018 60,898
  • 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

Mar 18, 2019

Proposed Regs On CDRs Moving Forward

     The Social Security Administration has asked the Office of Management and Budget (OMB) to approve publication of proposed regulations in the Federal Register on continuing disability reviews. Below is all that is publicly known about this proposal:
We propose to revise our rules regarding when and how often we conduct continuing disability reviews (CDR). The proposed regulations would add a new category to our existing medical diary categories that we use to schedule CDRs and would revise the criteria we follow to place a case in each of the categories. They would also change how often we perform a CDR for claims with the medical diary category for permanent impairments. These revised regulations would ensure that we continue to identify medical improvement at its earliest point and remain up to date with current research.
     If OMB approves this, it will be published in full and the public can comment on it. Social Security is supposed to consider the comments before publishing a final rule. We’re already getting a little late in the term of office to which Donald Trump has been elected for this to all be completed. but it can happen.

Mar 17, 2019

Senators Pressure Trump Administration On Social Media Monitoring

     From a press release:
Today, U.S. Sens. Sherrod Brown (D-OH) and Bob Casey (D-PA) pressured the Trump Administration to provide answers to the American public following a report from the New York Times this week that the White House is working with the Social Security Administration (SSA) on a proposal to monitor social media accounts of Americans who claim disability benefits. The Senators’ letter raises several questions about the proposal related to the privacy of American citizens, the already limited resources available to SSA workers, the use of artificial intelligence, and plans to increase the scope of the social media monitoring program.

Mar 16, 2019

This Is Terrible

     From WFLA:
Mamie Walker is 84-years-old, has never attended college and depends on her monthly social security check of $1,498 to survive. 
But for the past two months, the government has sent Mamie nothing, except a letter claiming she owes them $224,414.50. 
A letter from the Treasury Department 
claims she has been referred to them for "collection action."  
The letter explains up to 15 percent of each of her checks will be withheld to pay the debt. That was shocking enough, but no check came at all in February or March. She received another letter stating she won't receive another check until Sept. 2031.
"I'll probably be dead by then," Walker said. "I'm so scared. I don't sleep at night because I'm so scared next week ... my lights are going to be off." 
Mamie says she not only never went to college, but she never learned to read or write because she had to go to work as a child to help support her family as a "field hand." ...
     I can guess that she guaranteeded a student loan for a relative. If not, this is one hell of a mistake. If it is a student loan for a relative, this points out the horrors of the current system. It’s possible for her to get out from under this crushing burden by declaring bankruptcy but it’s not easy.

Mar 15, 2019

No, I Don’t Think That SSA Can Solve Its Lucia Problem By Having The Appeals Council Deny All The People Who Filed Lucia Objections

      I’ve already heard some colleagues say that the new Social Security Ruling giving the agency’s response to the Supreme Court opinion in Lucia v. SEC means that the agency thinks it can solve its Lucia problem by having the Appeals Council itself issue de novo decisions in the cases. There are a couple of problems with this. First, the Appeals Council isn’t set up to issue thousands of de novo decisions. Second, and more important, the Social Security Act says that claimants are entitled to hearings. If you’re agreeing that the hearing that was held was constitutionally invalid, how do you get around giving the claimant a new hearing? There’s a lot of wishful thinking at Social Security. I hope they’re not so far gone that they think they can get away with that. I think the language that some are pointing to about the Appeals Council issuing decisions is only intended to allow the Appeals Council to issue fully favorable decisions in a few cases.
     I have to mention that after Lucia came down I told everyone who would listen that we should be filing Lucia objections in every case pending at the Appeals Council.

Mar 14, 2019

New Lucia Ruling

 The Social Security Administration is publishing a new Ruling concerning the effects of the Supreme Court opinion in Lucia v. SEC. I haven’t had time to digest the Ruling but it sounds like there’s a lot of remands coming for those who filed timely objections.

The Emerging Republican Position: Increase Social Security Benefits Just A Little

     From Forbes:
Increasing Social Security benefits for widows can get enough support from both parties in Congress to become law, House Ways & Means Committee Social Security Subcommittee lead Republican Tom Reed said Wednesday.  
Stressing the need for an increase at a subcommittee hearing, the New York Congressman said the current system risks putting new widows in poverty by cutting their families’ Social Security payments by a third to a half. 
“Increasing the Social Security survivor’s benefit to 75 percent of the couple’s prior benefit could prevent hardship at a reasonable cost to the program,” said conservative think tank retirement expert Andrew Biggs. ...
     The Democratic proposal is for a general increase in benefits.  Their bill would also increase taxes.

Mar 13, 2019

That Trump Budget Proposal

     From Michael Hiltzik writing for the Los Angeles Times:
Much of the news coverage of President Trump’s proposed 2020 budget, which was released Monday, focuses on two aspects.
One: It’s just a PR exercise, since presidential budgets never get enacted. Two: Trump’s demand for $8.6 billion to build his border wall sets up a new conflict with Congress and maybe another government shutdown.
What shouldn’t fly under the radar, however, are the huge cuts to social safety net programs embedded in the document’s 150 appalling pages. These include drastic reductions in Social Security, Medicare and Medicaid—which Trump always promised to protect from any cuts—and to food stamps, housing assistance and family assistance. ...
Trump would gut the nation’s disability programs by $84 billion. At least $10 billion of that would come from Social Security disability through changes in eligibility rules. Another $400 million would come out of the Social Security Administration’s administrative budget, which is already strapped for cash, in the next year alone. Beneficiaries could expect more busy signals on the phone lines and longer waits at Social Security offices. ...