Hearings To Go Ahead On Friday After Thanksgiving

     I've seen a tweet from the National Organization of Social Security Claimants Representatives (NOSSCR) saying that any hearings scheduled for the Friday after Thanksgiving will go forward despite the announcement that Social Security offices will be closed to the public that day. 

     I've been practicing Social Security law for 40 years and I don't think I've ever had a hearing scheduled for the day after Thanksgiving. (I did have one scheduled for 8:30 a.m. an December 26, however, many years ago.)

Is Bed Bug Problem At Tulsa Hearing Office Over?

     From Government Executive:

Nearly 50 employees at the Social Security Administration as well as members of the public have been exposed to bedbugs and poor air quality for almost a year and a half at a hearing office in Tulsa, Okla., officials with a union representing administrative law judges said this week.

Reports from the Health and Human Services Department and the Occupational Safety and Health Administration both confirmed that despite the fact that the Social Security hearing office, which is located in a converted mall at 14002 E. 21st St. in Tulsa, is kept “clean and in good repair,” the office continues to suffer from a nagging bedbug infestation, as well as high levels of carbon dioxide related to the building’s HVAC system.

Last month, OSHA determined the problems constituted “unsafe and unhealthful working conditions,” and gave the agency until Nov. 19 to abate the violations. In a statement, Social Security Administration spokeswoman Nicole Tiggemann said the air quality issues were tied to “humidity/air flow issues during the summer” and have been addressed. Tiggemann said the facility has been treated for bedbugs again following a positive “canine alert” test last month. ...

“Staff has taken them home,” [the union president] said. “It’s horrible, and very upsetting that they’ve exposed their families to that. It’s very unfortunate, and costly to eliminate them . . . This is a very serious matter that has impacted staff, judges and exposed American citizens, and it needs resolution.”

Social Security Offices Closed To Public Next Friday

     I received a broadcast e-mail this morning saying that Social Security offices will be closed on the Friday after Thanksgiving. I assume that Social Security employees have not been given the day off however. That happened in the past when Michael Astrue was Commissioner.

The Tale Of Andrew McGuffin

     Indy Week has an article giving a lot of fascinating background on the case of Andrew McGuffin, a Social Security attorney-advisor who was fired less than a year after being hired. I had posted earlier about the decision of the 4th Circuit Court of Appeals in McGuffin's case.
     It's clear from the records that McGuffin was fired so quickly because he is a veteran. After only a year, it's much harder to fire a vet. The same protections only kick in after two years for non-veterans. The problem for Social Security was that McGuffin demonstrated low productivity but there were no productivity standards for the first year of employment for attorney-advisors. Those kicked in only after the first year after which it would have been harder to fire McGuffin because he is a vet. They fired him anyway. McGuffin sued and eventually won.
     By the way, while it has nothing to do with this case, I can't help thinking of Alfred Hitchcock when I hear the name McGuffin.

New Effort On Fraudulent Calls

     From a press release:

The Inspector General for the Social Security Administration, Gail S. Ennis, and Commissioner of Social Security Andrew Saul announce the launch of a dedicated online form at https://oig.ssa.gov to receive reports from the public of Social Security-related scams. These scams—in which fraudulent callers mislead victims into making cash or gift card payments to avoid arrest for purported Social Security number problems—skyrocketed over the past year to become the #1 type of fraud reported to the Federal Trade Commission and the Social Security Administration. 

To combat these scams, the Office of the Inspector General (OIG) will use the new online form to capture data that will be analyzed for trends and commonalities. The OIG will use the data to identify investigative leads, which could help identify criminal entities or individuals participating in or facilitating the scams. Ultimately, these efforts are expected to disrupt the scammers, helping reduce this type of fraud as well as the number of victims. ...

Some People Are So Stupid

     From the Mercury News:

An employee in a Social Security Administration office and her husband have been indicted in federal court on charges that they stole nearly $45,000 in social security funds intended for others, according to court documents released Monday.

Kimberly Dominguez and her husband, Erick Dominguez, are accused of conspiring to commit wire fraud by diverting funds received by Social Security recipients into accounts they controlled, authorities said. The indictment was executed in the Northern District of California.

According to court documents, Kimberly Dominguez used her employment with the SSA’s Oakland Teleservice Center to access SSA databases and divert the direct deposits. She and Erick withdrew that money from their own accounts and used it, the indictment alleged. ...

Another Possible Reason Why The Number Of Disability Claims Started Declining In 2011

     From The Role of Information in Disability Insurance Application: An Analysis of the Social Security Statement Phase-In by Philip Armour published in the American Economic Journal in August 2018:

This paper exploits a natural experiment in information provision on US Disability Insurance (DI) applications: the Social Security statement. Although the effect of the statement on DI application was negligible in the general health and retirement study population, among those previously reporting a work limitation, biennial DI application rates approximately doubled. This effect was driven by previously uninformed individuals. Additional analyses show these were new applicants and were no less likely to be accepted onto DI, accounting for a substantial fraction of the rise in DI rolls from 1994 to 2004 and indicating the importance of informational frictions in disability policymaking.

     I know this study is dealing with an earlier time period but there have been changes in Social Security's mailing of benefit statements. Since the beginning of 2017, the statements are only sent to those who are already at least 60 and not drawing benefits. Between 2011 and September 2014, the agency sent out no benefit statements at all. Between October 2014 and the end of 2016 the benefit statements were sent out but only every five years. However, prior to 2011 the benefit statements were sent out annually to everybody over 25. The decline in the number of disability claims began in 2011 just when the mailing of benefit statements ended. The benefit statements have since resumed but only in a very limited way. 

     Correlation isn't causation but this is certainly suggestive.

SSI Income And Resources Rules Need Fixing And ABLE Isn't The Solution

     From Robert Farrington, writing for the Washington Post:

Living with a disability comes with all kinds of challenges, but the financial impact of being unable to work can be absolutely devastating. Imagine not being able to support yourself due to your disability, but also not being able to save money so you can continue qualifying for government aid including Supplemental Security Income (SSI).

To qualify for SSI, your countable resources must not be worth more than $2,000 for an individual or $3,000 for a couple. No matter how you cut it, that’s not very much.

This situation creates a kind of forced poverty for many individuals with a disability and the family members who care for them. But many experts say that the 529 ABLE Account, which was first introduced in 2014, can help curb this ongoing problem. ...

Contribution limits are extremely generous. With a 529 ABLE Account, individuals with disabilities are able to save up to $15,000 per year in 2019. On top of that, a designated beneficiary who works can contribute their income up to the poverty line for a one-person household, notes the IRS. ...

     SSI income and resources rules are barbaric so we create a loophole so the well to do can help their disabled family members. I've got a better idea. Why don't we just make the SSI income and resource rules less barbaric so every family can benefit! I think the illustration that the Post picked for this column -- a pretty blonde girl who's a double amputee -- pretty much sums up what's going on with ABLE.