Union Asks "Where Is Saul?"

     Below are two graphics that the American Federation of Government Employees (AFGE), a labor union which represents most Social Security employees, sent to its members recently. Apparently, the milk carton graphic was sent 25 days after the "Where is Saul" graphic.

     I can guess that Social Security has some online system that employees use to sign in and out and that any agency employees can check to see if any other agency employee is on duty. If that's the case, I don't know why Saul wouldn't use it. It seems quite unlikely that he was away from his office for more than two months. I hope that's not the case.

Union Files Grievance

     The labor union that represents most Social Security employees has filed a grievance against the agency based upon the alleged failure to provide physical security at agency offices. The complaint concerns the unescorted presence of contractors and cleaners and the like. This may or may not be a threat to the security of Social Security data but I don’t see how it is a threat to union members.

Saul To Testify Before Congressional Committee

     Andrew Saul, Commissioner of Social Security will make his first appearance before a Congressional committee as Commissioner on January 29 at 9:30. It will be before the Senate Special Committee on Aging and the hearing will concern "Social Security Impersonation Scam." 

     Will the House Social Security Subcommittee schedule even one oversight hearing in this Congress?

Social Security Loses In CA3 On Issue Of When Lucia Argument Had To Have Been Raised

     After the Supreme Court held in Lucia v. SEC that Administrative Law Judges (ALJs) as then appointed were unconstitutional, there was the inevitable issue of which Social Security claimants would get new hearings. The Social Security Administration argued that the issue had to have been raised before the Administrative Law Judge or at least before the Appeals Council. They have now given up on the argument that Lucia had to have been raised before the ALJ and have remanded all of the cases where the Lucia issue was raised at least before the Appeals Council. The issue of whether the issue had to have been raised at least before the Appeals Council is being litigated in the federal courts. 

     We have our first Court of Appeals opinions in one of the post-Lucia Social Security cases, Cirko v. Commissioner, a Third Circuit case. Social Security lost. The Court held that it did not matter that the Lucia issue wasn't raised until after the matter reached the United States District Court.

     Social Security is still litigating this issue before other Courts of Appeals. It's possible that the agency will win elsewhere. If that happens, the issue will have to be decided by the Supreme Court.

Why Not Just Ban The Testimony Outright?

     From the summary of a change to Social Security's HALLEX manual:

We clarified that an ALJ must obtain concurrence from the Hearing Office Chief Administrative Law Judge (HOCALJ), Regional Chief Administrative Law Judge (RCALJ), and Regional Commissioner (RC) of the appropriate region to request the testimony of a particular FO [Field Office] employee at an appearance. We removed the phrase stating that the RCALJ may waive notification of the request because RCALJ's concurrence is now required.

     How might this come up? Let's say it's the testimony of a claimant that a particular field office employee, that he can identify by name, told him that he could not file a claim for Social Security benefits and that advice was incorrect and cost the claimant money. The Social Security Act would allow backdating of a claim in this circumstance. Wouldn't the field office employee's testimony be relevant?

Where Are We This Afternoon?

     Social Security's ERE system which attorneys like me use to obtain access to the agency's records on our clients is working. However, there are persistent reports that there are major problem across computer systems at Social Security preventing many, perhaps most, agency employees from fully doing their jobs. I'm sure they're concentrating on what can be done without using the IT systems but I'm sure they can only do so much offline. Maybe something this extensive has happened previously but it certainly hasn't happened lately. This is a big deal and Social Security needs to get out a press release.

Where Are We This Morning?

     I had posted yesterday afternoon that ERE, the online system that I and other attorneys use to access the files that the Social Security Administration keeps on our clients, was down and had been down the entire day. Comments made in response to that post indicated that many systems used by Social Security employees were also down. 

    So, where are we this morning? I got into ERE without difficulty a few minutes ago but there were comments, apparently from Social Security employees even this morning saying that many of their systems are still down. Did I just happen to access ERE just as it came back up? Did I just happen to get into a system that's mostly non-functional? What about the systems that Social Security employees use? Are they back up?

     I think what has happened or may still be happening is a big enough deal that Social Security ought to send out a press release.

ERE Down

     Social Security's ERE system that allows those representing claimants at hearings before the agency to access their clients' files is down. It has been down most if not all of today. Social Security has the ability to e-mail those who have access to the system to let them know that there's a problem but has not done so.