A long time Social Security employee speaks out about the problems caused by Commissioner Saul's decision to open the agency's field offices on Wednesday afternoons. I hope she won't be punished. She's only speaking the truth.
Dec 23, 2019
Dec 22, 2019
Dec 21, 2019
Dec 20, 2019
I Don't Know What To Make Of This
I can track the top countries from which readers access this blog. Below is the list from yesterday. Notice one or more countries high on the list that surprise you? I've seen other days on which Ukraine, yes Ukraine, was listed as a country from which many have accessed this blog. I can also tell when people access the blog. Often there are a lot of hits in the middle of the night Eastern Time, like 4:00 a.m. I know that there are also quite a number of comments posted in the middle of the night. It's hard for me to believe that it's all night owls.
- United States 3440
- Brazil 2548
- Russia 125
- Unknown Region 103
- Finland 33
- Mexico 29
- Canada 20
- Portugal 18
- Puerto Rico 12
- France 7
Would This Be Workable?
From Florida Daily:
I wouldn't count on getting really good compliance if this is passed.
Three members of the Florida delegation are championing a proposal to have state courts notify the federal government when guardians are removed in order to keep them from collecting Social Security benefits.
At the end of last week, U.S. Rep. Charlie Crist, D-Fla., introduced the “Senior Guardianship Social Security Protection Act” which will direct “state courts to notify the Social Security Administration (SSA) when a court-appointed guardian is removed for cause, so they can be blocked from collecting Social Security benefits on behalf of the seniors under their care."
Two other members of the Florida delegation–Republican U.S. Rep. Gus Bilirakis and Democrat U.S. Rep. Darren Soto–are cosponsoring the proposal. ...
Dec 19, 2019
Proposal To Have AAJs Hold Hearings
From a Notice of Proposed Rule-Making (NPRM) that will appear in tomorrow's Federal Register:
I have heard recently that the Appeals Council is seeking "decision-writers." In the past, the category of employees reviewing Appeals Council filings and writing Appeals Council decisions has been called "analyst." Decision-writer is the job title for those writing decisions for ALJs. Hiring decision-writers makes sense if AAJs will soon start holding hearings but I don't see how that will happen, given the length of time it takes to go from the NPRM to final regulation stage. Could the AAJs start holding hearings under the framework of the current regulations?
As a workload matter, this NPRM makes no sense. The ALJs are rapidly working off their backlog. I haven't seen any improvement in the Appeals Council backlog. I think you have to assume that there's something about ALJs that Social Security management doesn't like.
By the way, this NPRM was cleared by OMB back in May. It's been sitting there, waiting for the Commissioner's approval for more than seven months. I don't think it's a coincidence that this gets published just before Christmas when it will get less attention.
... We propose to clarify that an AAJ [Administrative Appeals Judge] from our Appeals Council may hold a hearing and issue a decision on any case pending at the hearings level under titles II, VIII, or XVI of the Act. Just as ALJs [Administrative Law Judges] have the authority to hold hearings on a variety of disability and non-disability claims, we would not limit the kinds of claims that AAJs could hear. AAJs would be required to follow the same rules as ALJs, and the hearings they hold would apply the same due process protections as hearings held by our ALJs. ...This is only a proposal. The public may comment on the proposal. Social Security must consider the comments. If the agency wishes to go ahead with final regulations, they have to submit them to the Office of Management and Budget (OMB) for approval. This is a process that ordinarily takes many months.
I have heard recently that the Appeals Council is seeking "decision-writers." In the past, the category of employees reviewing Appeals Council filings and writing Appeals Council decisions has been called "analyst." Decision-writer is the job title for those writing decisions for ALJs. Hiring decision-writers makes sense if AAJs will soon start holding hearings but I don't see how that will happen, given the length of time it takes to go from the NPRM to final regulation stage. Could the AAJs start holding hearings under the framework of the current regulations?
As a workload matter, this NPRM makes no sense. The ALJs are rapidly working off their backlog. I haven't seen any improvement in the Appeals Council backlog. I think you have to assume that there's something about ALJs that Social Security management doesn't like.
By the way, this NPRM was cleared by OMB back in May. It's been sitting there, waiting for the Commissioner's approval for more than seven months. I don't think it's a coincidence that this gets published just before Christmas when it will get less attention.
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