Unacceptable Service Draws Criticism

     From the Rochester Democrat and Chronicle:

Saying that the Rochester field office has one of the poorest records in the state, Sen. Charles Schumer on Monday called on the Social Security Administration to increase staffing to address long wait times and a backlog of cases.

Schumer said the Administration's internal reporting showed that the Rochester office only answered about 41 percent calls from customers seeking help on the phone in January.  Those that ventured into the office had to wait an average of 30.4 minutes to be seen by a screener and hours longer to meet with a claims representative to discuss their problem.  Hundreds simply gave up and went home. ...

Fred Happel’s Place In Social Security History

Happel’s original design

     From Social Security’s website:

Fred Happel of Albany, N.Y. designed the original Social Security card back in 1936. He was commissioned by the Social Security Board to submit three designs, one of which was ultimately selected. Mr. Happel was paid $60 for his work. (Mr. Happel was a skilled artist who also designed the famous "Flying Tigers" logo used by General Chennault's forces during World War II.)

They Were Waiting For The Right Person To Call

     From the Milwaukee Journal Sentinel:

Imagine paying your utility bill and having the cashed check to prove it, but still getting threatened over and over with having your power turned off.

Wendy Arnold ran into a scenario like this, but it was the giant Social Security Administration that couldn't figure out that she had sent back an overpayment of disability benefits for her 27-year-old son, despite the evidence she kept waving at them. 

What part of the $17,615 she mailed to the SSA didn't they understand? They kept telling Arnold, 62, her son's payee, to pay up and threatening to dock her own Social Security benefits if she didn't.

This has been going on for eight months. ...

 I'm happy to report the problem suddenly is fixed, and all it took was one news media contact to the Social Security Administration. Within a couple of hours of my call, Arnold received a voicemail from a Social Security rep saying, "We have zeroed out the overpayment that was on your son's record, and it's currently reflecting a zero balance now." ...

No Match Letter Worries

     Fruit growers are starting to worry about "no match" letters from Social Security telling them that an employee's name and Social Security number don't match.

How Is A Disabled Person Supposed To Look?

     From Imani Barbarin, writing for Forbes:

A new policy proposal by the Trump Administration calls for the surveillance of disabled people’s social media profiles to determine the necessity of their disability benefits. The proposal, which reportedly aims to cut down on the number of fraudulent disability claims would monitor the profiles of disabled people and flag content that shows them doing physical activities. When it comes down to it, the policy dictates that disabled people shouldn’t be seen living their lives for fear of losing vital financial aid and, possibly, medical care. ...

The proposal, like many of its policies regarding disabled people, shows a fundamental misunderstanding of disability and takes advantage of how social media operates in order to cut them off from the support they need. Disabled people don’t all function in the same way and disability is not a set of stereotypes like taking selfies staring longingly at the world. They live lives while managing their energy for the activities they can handle and trying to make those they cannot more accessible. ...

The truth about disability is that it isn’t a series of down moments but both highs and lows that comprise their lives. Simply because disabled people are seen exercising, dancing or shooting hoops does not mean that they have the ability to sustain that level of energy all day. ...

New HALLEX Provision Makes Me Wonder

     From material newly added to Social Security's HALLEX manual, which contains policy and procedure material for Administrative Law Judges (ALJs) and the Appeals Council:

When an ALJ approved a final draft decision but is unavailable to sign the decision, the HOCALJ has the authority to sign the final decision and any associated orders if the ALJ gave the HOCALJ written authorization to sign the decision on the ALJ's behalf. Any such written authorization must be associated with the claim(s) file and must include the following affirmative statements:

• The ALJ has read the decision and any associated order;
  
• The ALJ concurs with the decision (and any associated order) as written or concurs with the decision (and any associated order) with specified changes previously reviewed and approved by the ALJ before authorization; and
  
• “HOCALJ [NAME]” is authorized to sign the decision and any associated order on the ALJ's behalf.
  

The ALJ may give written authorization via email, fax, or any other writing. However, unless the authorization is provided through an official agency email, the ALJ must sign the written authorization with his or her “wet” signature (facsimile transmission is accepted). The ALJ may not use a rubber stamp or other mechanical signature. A HOCALJ may not use this procedure on his or her own initiative without specific written authorization from the ALJ.

If all of the requirements are met, the HOCALJ may sign the decision and any accompanying order.

     Previously, the rule had been that another ALJ subbing for a departed ALJ could sign only a fully favorable decision. A denial decision could not be sent out without a new hearing. I think this new provision is legally dubious. It treats the hearing as if it's a meaningless formality.
     Oddly, in North Carolina in recent months we've had several ALJs suddenly retire with no advance warning when they had hearings scheduled and decisions to be written. There were in the office on Friday and gone on Monday. The reports we've received indicate no dramatic health development in any of the cases. Each of the ALJs involved was an outlier, in one cases approving claimants at a low rate and in the rest of the cases approving claimants at a high rate. In one case there were signs of pressure from the agency but in that case I think there was universal agreement that pressure was merited because the ALJ, who approved only a low percentage of claimants, had a huge and growing backlog of decisions to be issued. In the other cases, there has been no sign of pressure. However, this cluster of cases seems very odd. I haven't heard of other examples from other parts of the country but this new provision in HALLEX makes me wonder.

First Lucia Remand

     I have received the first report of a case remanded by Social Security's Appeals Council on account of the Supreme Court decision in Lucia v. SEC. It was sent back to a different Administrative Law Judge.

Social Security Offfers Employees Early Retirement -- Except For ALJs

     From Federal News Network:

For at least the third time in the last seven years, the Social Security Administration is trying to reduce the average age, if not the size, of its workforce.

SSA sent out a note to all employees April 2 saying it would be offering Voluntary Early Retirement Authority (VERA) to all employees except for administrative law judges. ...

Employees must have at least 20 years of federal service and be at least 50-years old, or have at least 25 years of federal service regardless of age.

     It's interesting that ALJs are excluded. The Office of Hearings Operations, where the ALJs work, is probably the only part of Social Security with a declining backlog.