Class Action Helps Protect Some Social Security Disability Benefits From Student Loan Collection

     From Marketwatch:

Since 2007 Linda Carrasquillo has been unable to work due to an injury she suffered at her job cleaning buses.  

And yet, every month for seven years, the government took great pains to collect on a $4,000 loan she took out to pay for her daughter’s schooling — by withholding part of the money she received through her Social Security disability benefits. 

Feeling stressed by the loan, Carrasquillo and her daughter called the nonprofit organization collecting the debt on behalf of the federal government to see if she could work out a deal. But they couldn’t come to an arrangement Carrasquillo could afford. Eventually she fell behind on her rent and faced the possibility of eviction. ... 

But what Carrasquillo didn’t know is that the entire time she was struggling to manage her limited finances, the government should have never been collecting on her debt. She qualified for what’s known as a total and permanent disability discharge, which allows borrowers to have their federal student loans wiped away if they have a physical or mental disability that makes it impossible for them to work.  

Recently, Carrasquillo finally got the more than $4,000 the government garnished from her Social Security checks back — but it took a lawsuit. She’s one of nine plaintiffs in a case brought by Brooklyn Legal Services, a division of Legal Services NYC, in 2016 against multiple federal agencies that settled last month. In total, the plaintiffs got back nearly $23,000 that was garnished from their disability benefits to repay their student loans. ... 

But advocates would like the government to go further by automatically cancelling the debt in cases where they know a borrower qualifies for a disability discharge. A bipartisan group of 51 attorneys general wrote to Secretary of Education Betsy DeVos last monthasking that she automatically cancel the debt of veterans who the agency has identified as qualifying for a disability discharge. ...

Former Social Security Employee Facing Many Years In Prison

     From the Sacramento Bee:

A former Social Security Administration employee from West Sacramento plead guilty Monday to stealing $480,000 from the agency through identity theft, officials said.  

Eric Lemoyne Willis, 43, targeted at least 160 Social Security beneficiaries and spent the money on trips to Las Vegas and Rolex watches, according to a news release from the Department of Justice. Willis plead guilty to conspiracy to defraud the United States, theft of government property and aggravated identity theft, the Department of Justice said.  

From 2003 to January 2018, Willis was employed by the SSA, the news release said. From 2016 on, he was an operations supervisor in the south Sacramento and Lodi field offices. Willis used his power as an SSA employee to access confidential records for multiple Social Security beneficiaries, according to the news release. These records contained personal information, including names, addresses, social security numbers, dates of birth, account numbers, family information and benefit payment amounts, according to the news release.  

Willis sought beneficiaries who received large amounts of money and used direct deposit, according to court documents. 

Then, he gave their personal information to his alleged accomplice, Darron Dimitri Ross, who lived in North Carolina. Ross, who plead not guilty and is awaiting trial, allegedly called numerous SSA offices across the country and impersonated beneficiaries, court documents say. 

He allegedly opened at least 44 online bank accounts under fraudulent identities to redirect the Social Security benefits, according to court documents. If Ross convinced the SSA he was the beneficiary, he would allegedly request the beneficiary’s direct deposit account be changed to one of the fraudulent accounts, according to the Department of Justice. The benefits would then deposit into the fraudulent account until the fraud was detected, the Department of Justice said. Willis and Ross could spend the money in the accounts using debit cards, officials said. ...

Message From New Commissioner

From: ^Commissioner Broadcast <Commissioner.Broadcast@ssa.gov> 

Sent: Monday, June 17, 2019 4:03 PM

Subject: New Commissioner

A Message to All SSA and DDS Employees

Subject: New Commissioner

This afternoon, I was sworn in as your Commissioner, and I am eager to get to work.  In ways that many of us do not have the perspective to appreciate, running an agency for this long without confirmed leadership is quite difficult.  Please join me in thanking Nancy Berryhill for her leadership, and I welcome her ongoing support.  

Throughout the confirmation process, one consistent theme has been how fantastic SSA employees are.  I can certainly use your help.  Although I am just now beginning my briefings, I am aware that we face a number of challenges.  I look forward to hearing your ideas about how best to improve public service and be supportive to you in that endeavor.  

My plan is to get out and talk with as many of you as I can.  I will also be meeting with SSA’s senior leaders, associations, and unions.  Meanwhile, I thought you might want to know a little about me.  I am a lifelong New Yorker, born and raised in New York City.  My wife of 50 years, Denise, and I are blessed with two daughters, two sons-in-law, and three grandchildren.  I am a graduate of the University of Pennsylvania’s Wharton School of Business and I have worked in the private and public sector and with non-profit organizations.  I am most proud of my nine years as the Chair of the Federal Thrift Investment Board, which administers the Thrift Savings Plan, working to improve service by modernizing it into what is today one of the most successful 401K plans in the nation.    

My family and friends will tell you I have a sense of humor, but I take work seriously.  Hard work is especially necessary when what we are doing matters to every American.  As I mentioned, I have already heard how dedicated you are to SSA’s mission, and your dedication gives me great confidence about what we can achieve.  

I am taking a little time to assess how the agency is doing, and you will hear more soon about my priorities and plans in the coming weeks.

Thank you for the warm welcome I have received thus far.  I look forward to working with you.

Andrew Saul

Commissioner

Updated Stats On Fee Payments

     Social Security has updated its posted statistics on payments of fees for representing claimants before the agency. You may recall that a few months ago I posted that the agency had taken down the statistics altogether and they then put them back up. More recently I posted that they had stopped updating them. Now they’ve updated them for the last two months.

     Come on guys! I know you’re keeping track of these numbers internally. It can’t be that hard to post them online. I’m not the only one paying attention to them.

Saul Officially Commissioner

     Andrew Saul has been sworn in as Commissioner of Social Security.

GAO Criticizes SSA Online Verification

     From a recent Government Accountability Office (GAO) report:

Remote identity proofing is the process federal agencies and other entities use to verify that the individuals who apply online for benefits and services are who they claim to be. To perform remote identity proofing, agencies that GAO reviewed rely on consumer reporting agencies (CRAs) to conduct a procedure known as knowledge-based verification. This type of verification involves asking applicants seeking federal benefits or services personal questions derived from information found in their credit files, with the assumption that only the true owner of the identity would know the answers. If the applicant responds correctly, their identity is considered to be verified. For example, the Social Security Administration (SSA) uses this technique to verify the identities of individuals seeking access to the “My Social Security” service, which allows them to check the status of benefit applications, request a replacement Social Security or Medicare card, and request other services. 

However, data stolen in recent breaches, such as the 2017 Equifax breach, could be used fraudulently to respond to knowledge-based verification questions. The risk that an attacker could obtain and use an individual’s personal information to answer knowledge-based verification questions and impersonate that individual led the National Institute of Standards and Technology (NIST) to issue guidance in 2017 that effectively prohibits agencies from using knowledge- based verification for sensitive applications. Alternative methods are available that provide stronger security, as shown in Figure 1. However, these methods may have limitations in cost, convenience, and technological maturity, and they may not be viable for all segments of the public. ...

Social Security Reform Proposal Draws Widespread Protests In Brazil

     From Xinhua:

Brazilians took to the streets on Friday for a nationwide massive protest against the social security reform proposed by the government. 

According to local media, there were protests in at least 190 towns in all Brazilian states.

As a full strike was called, buses halted in 19 state capitals, subway and urban train workers in several cities joined the strike, classes were cancelled in public schools and many private schools in at least 23 state capitals, and road blockades were seen in the country. ...

Government Health Care Has Been Around For A While And It's Still Part Of The Social Security Act

Signed by Harry Truman, the first President to propose Medicare