Doesn't Really Solve The Problem

     From The Tennessean:

A controversial [Social Security Administrative Law] judge who was disciplined in Texas over his refusal to watch a LGBT sensitivity training video has transferred to Franklin, Tenn., where he now hears cases from Tennesseans who believe they were wrongly denied federal disability benefits.

The judge, Gary Suttles, was also the subject of an internal inquiry after a Texas newspaper reported he had made disparaging remarks to a Gulf War veteran seeking disability for service-related health problems.

Veterans groups expressed outrage. The Social Security Administration issued an apology for the judge's comments. ...

Three Nashville-area attorneys who routinely represent clients in disability hearings said they were concerned about whether their clients, who include veterans and people of all sexual orientations, can get a fair hearing before Suttles. The three attorneys requested anonymity because they could appear before Suttles in the future. ...

     There is a longstanding tradition of encouraging ALJs who become controversial to transfer. It foists the troublesome ALJ on another region. However, controversial ALJs generally remain controversial even after they've moved.

Impostor Calls Are A Serious Problem

     From the Federal Trade Commission:

... [T]he Federal Trade Commission is reminding consumers that scammers are increasingly trying to make a buck by falsely claiming to be Uncle Sam. Monthly complaints to the FTC’s Consumer Sentinel Network about scammers pretending to be from the government reached the highest levels on record this spring.

Since 2014, consumers have filed nearly 1.3 million reports about these cons, far more than any other type of fraud. The FTC received about 46,600 complaints in May alone from consumers who were contacted by someone falsely claiming to be from the Social Security Administration, Internal Revenue Service, or another government entity, according to the latest FTC Consumer Protection Data Spotlight. These scammers may tell people that their Social Security number has been suspended, which does not happen, or that they are facing arrest because they owe back taxes, and demand payment from the consumer to avoid getting into trouble. Often, they demand that a consumer pay with a gift card, which is a dead giveaway that the consumer is dealing with a scammer.

While only 6 percent of consumers who report a government imposter scam say they lost money, when people do report a loss, it is a significant amount. The median amount consumers reported losing to a government imposter scam from January 2018 through May of this year was $960. Consumers under the age of 60 report losing money at higher rates than consumers over that age, but median individual reported losses increase with age. ...

     The 46,600 number for May is only the number who complained. Vastly more people received calls but didn't complain. I know. I'm one of them. So is my wife. So are many, perhaps most, of my readers.

The Saga Of Eric Conn’s Files

     Ned Pillersdorf has written a piece for the Lexington Herald-Leader on The Saga of Eric Conn’s Files, And How His Clients Got Shafted. The inaction of the Kentucky Bar Association is inexcusable.

Article On Vocational Evidence At Social Security

     Jeremy Graboyes has written a piece for The Regulatory Review on The Search for Sound Vocational Evidence in Disability Adjudication. The impetus for the piece came from the recent Supreme Court opinion in Biestek v. Commissioner of Social Security. Graboyes notes that Social Security has been working on a new Occupational Information System (OIS) which might help allay some of the problems that have existed for years.
     Grayobes doesn't mention that the process for creating a new OIS is anything but reassuring. We know almost nothing about what's going on even though it's been underway for more than ten years! There have been repeated delays in revealing the new OIS. It's obvious that there's something so unsatisfactory about the OIS that the agency cannot or will not let the public see it but no explanation has ever been given. There is reason for great concern that the Social Security Administration is trying to manipulate the presentation of data to achieve pre-determined goals for how it affects the number of disability claims approved and denied.
     The Social Security Administration isn't just a neutral adjudicator. It's a party to administrative adjudications with positions it wants upheld. Why should one party to an adjudication get to secretly create and edit evidence crucial to the outcome of cases?

Happy Independence Day!

AFGE Dismayed By Decision On Worker Rights

     From The Guardian:

Workers at the Social Security Administration (SSA) say that the Trump administration has imposed a new contract on their 45,000 workers that could effectively shut down their union and are warning that the same thing could be tried elsewhere in the federal government as part of a crackdown on the labor movement.

A federal panel, consisting mainly of Trump-appointed members, issued a decision in May to impose a new union contract for the 45,000 federal employees at the SSA. The move came despite a federal judge’s decision last year to strike down most provisions in similarly issued orders for violating collective bargaining rights for federal employees. ...

“If the agency is successful in implementing this panel order, it will decimate our ability to represent workers all over the country,” said Rich Couture, an agency employee for more than 30 years and the union’s chief negotiator.

The provisions in the new contract will reduce the time allotted to SSA employees for union activity from 250,000 hours annually to 50,000 hours and ban all workers from using government property to conduct union activities, such as office spaces and government emails and holding files on government computers or in offices. It will also grant management the discretion to eliminate remote work. ...

“We’ve never seen anything like it,” said David Cann, director of bargaining for the AFGE. “As we’ve been in negotiation with the Trump administration, we’ve seen a level of hostility toward labor unions that is unique and more coordinated from what we’ve seen with other administrations, even Republican administrations that are philosophically opposed to the mission of labor and the empowerment of workers.” ...

“Once Trump signed those executive orders, all employees who were union representatives lost the right to hold files in their offices, lost the right to represent employees unless we used our own personal leave or leave without pay and even with that management wouldn’t approve leave to represent people,” said Sherry Jackson, a social security field office employee in Connecticut who also works as a union representative in her region. ...

No More OT For Decision Writing

     There’s a report that the use of overtime for writing Administrative Law Judge (ALJ) decisions was ended yesterday. The agency is so short of staff that it has to use overtime to accomplish a significant part of its workload so this matters.

     I’m not surprised at this development. With the ALJ backload dropping rapidly it was inevitable that the agency would transfer resources to its needier parts.

Congressional Opposition To No-Match Letters

     From a press release:

Today, Ways & Means Committee Chairman Richard E. Neal (D-MA), Social Security Subcommittee Chairman John B. Larson (D-CT), and Oversight Subcommittee Chairman John Lewis (D-GA) sent a letter to Social Security Administration (SSA) Commissioner Andrew M. Saul stating their opposition to SSA’s resumption of sending “no-match” letters. Specifically, the members cite their concerns that the letters may lead to the firing of U.S. citizens and work-authorized immigrants, that they may result in the unauthorized sharing of tax data, and that they are a poor use of SSA’s scarce resources. 

SSA started sending these no-match letters (also known as Educational Correspondence (EDCOR) and Employer Correction Request letters) earlier this year to employers who have a W-2 employee name or Social Security number that does not match SSA’s records. This discrepancy may occur for a variety of reasons, including typographical errors, misspellings of complex names, name changes due to marriage or divorce, or with respect to undocumented workers. 

SSA had not sent these letters for years because they have been shown to be wholly ineffective in correcting wage records and not a cost-effective use of the agency’s limited resources. Moreover, SSA is prohibited by law from using its funds for any purpose other than administering Social Security, such as immigration enforcement. ...