Pay Attention If You’re Suing Social Security

     Social Security is announcing new addresses for service of process on the agency. This is effective immediately.

No Child Tax Credit Without SSN

     From the Journal Record, whatever that is:

The IRS, in an informational letter, has explained why taxpayers with a religious objection to Social Security may no longer claim the child tax credit for a child without a Social Security number. 

Certain recognized religious sects are conscientiously opposed to accepting the benefits of any public or private insurance for old age, death, disability, retirement, or medical care. Members of these religious sects may be exempted from paying Social Security, Medicare and self-employment taxes. Pursuant to IRC Code Sec. 1402(g), these individuals are not required to obtain a Social Security number for themselves or their dependent children. ... 

The Religious Freedom Restoration Act of 1993 prohibits the federal government from substantially burdening a person’s exercise of religion unless it demonstrates that application of the burden to the person furthers a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest. 

The information letter highlights that the RFRA does not require the IRS to provide administrative relief to taxpayers who have religious or conscience-based objections to obtaining SSNs. In enacting the new CTC rules, Congress unequivocally declared that only taxpayers who provide a qualifying child’s SSN should be allowed the CTC. As a result, children without SSNs don’t qualify for the CTC.

ALJ In Conn Case Dies In Prison

    David Daugherty, who was convicted of receiving a bribe from Eric Conn, has died in prison at age 83. Daugherty had been an Administrative Law Judge.

It's Like They Don't Want Any MEs

     Social Security has posted list of fees paid for Vocational and Medical Experts at hearings for 2018. Basically, it's $77 for the first appearance of the day and $39 for each additional appearance for VEs. It's $80 for each appearance for MEs. No wonder they can't get MEs. That's laughably low.

Student Loan Debt Hanging Over The Heads Of Retirees

     From the Texas Tribune:

 If 69-year-old Lynda Sue Costley wants to shower, she has to go to a friend’s house. Her trailer, on a gravelly road outside Amarillo, hasn’t had running water since 2014 — when her husband died from cancer. She spent the little savings she had on his medical care, she said, and hasn’t repaired the burst pipe. 

Costley works part time at a food bank, making $7.25 an hour, and said she stretches every dollar she has. But every month, she receives a letter in the mail saying the federal government is withholding $134 from her Social Security checks — the equivalent of 18 hours of work. 

Like death and taxes, Costley may be facing another certainty in life: her student loans.

Although she attended college decades ago and made payments when she could, Costley’s debt has gone into default, swollen with accrued interest and been turned over to a collection company. She’s had her wages garnished and her income tax refunds withheld. Nearing 70, she still owes nearly $12,000 for classes she attended in the 1980s and 1990s — and her balance continues to be padded by interest and the debt collector’s costs. ... 

Typically associated with millennials, the specter of student loan debt hangs over potentially thousands of retirement-age Texans, like Costley. Older Americans — ages 65 and over — were the fastest-growing demographic of student loan holders, according to a government report from 2016, and the most likely to be in default. ...

     Student loan debts aren’t like other debts. They can’t be discharged in bankruptcy and Social Security benefits may be garnisheed to collect them. It’s time to change one or both of these. 

Fun Times At One Hearing Office

     Social Security has recently posted a highly expurgated "Report of Special Investigation" by the agency's Office of Inspector General (OIG) into the Madison, WI hearing office after complaints including racism, sexism, sexual harrassment and bias. This report may have been done in 2016. Here's an excerpt from the conclusion (click on each page to view full size):

The deletions were made by SSA

User Fee Goes Up

     The Social Security Administration has posted the official list of cost of living and other adjustments for 2020.  Of interest to attorneys and others who represent claimants is the fact that the cap on the user fee goes up to $97 next year. Of course, there will be no increase in the cap that attorneys may charge.

     I’m reminded of what happened with attorney fees for representing claimants for VA benefits. That fee was capped at $10 in 1864 and stayed at that level until 1988. Of course, it didn’t take long for all attorney representation to cease at VA. There may be some who envision such a future for Social Security.

New Occupational Information System To Be Tested Soon?

     From a summary of remarks made by John Owens, Associate Commissioner, Office of Disability Determination, Social Security Administration at a conference of the National Association of Disability Examiners (NADE):

... The replacement for the Dictionary of Occupational Titles (DOT) is nearing completion. This new version, the Occupational Information System (OIS) is a collection of occupational-related data from multiple sources, which will be accessed through an online platform called the Vocational Information Tool (VIT). Testing of the OIS/VIS systems will begin in October 2019 with a focus group using the data in the development of vocational assessments in 5,000 that will be reviewed as part of a case study. ...

     I would caution readers that Social Security has been promising for years that a new OIS is just around the corner. Later in the same issue of the NADE newsletter, there’s this from a summary of remarks made by Gail Ennis, Social Security’s Inspector General:

... Ennis reported on the upcoming Vocational Information Tool. The initial implementation was targeted for fiscal year 2020. She noted a prior report on SSA's actions in updating the Department of Labor's Dictionary of Occupational Titles. She reported that a company had been contracted to build a Vocational Information Tool that would house Occupational Information System. She stated that SSA did not accurately capture all information needed for disability determinations, including the mental demands of work, as well as the current diverse occupational fields. SSA plans to update the system in FY 2024 and at that time, this information should be included. SSA intends to update the Occupational Informational System every five years. ...