NYT On Selia Law

     The New York Times is running a piece on the Selia Law case that is to be argued before the Supreme Court on Tuesday. This case has the potential to cause massive problems at Social Security. The Trump Administration would like to limit it to regulatory agencies, particularly the Consumer Financial Protection Bureau but I don’t see any way to so limit it. Such wishful thinking may make it harder for this Administration to react properly and promptly once the position of Commissioner of Social Security is found unconstitutional, as it probably will be. If the agency is headed by a person who lacks a proper appointment, practically every decision he makes or which is made on a delegation of authority from him is illegitimate.

How Long Would It Have Taken To Get This Resolved Without The Help Of A TV Station?

     From some television station in Arizona:

Mary Jo Kavanaugh has a small home-based business where she does alterations. And, while Kavanaugh enjoys sewing, it's her finances that might be coming apart at the seams. That's because Kavanaugh recently retrieved a letter from the Social Security Administration, demanding that she pay a hefty sum of money. ...

The SSA wants Kavanaugh to immediately repay more than $28,000. Why? Well, the agency says it mistakenly overpaid her ex-husband, who was collecting disability. ...

"We were divorced in 2006," said Kavanaugh.

That divorce date is important because according to the letter, the Social Security Administration overpaid her ex-husband $28,116.44 between June 2009 through March 2013. ...

We asked [Social Security] to investigate the issue and once they did, Kavanaugh says she got a phone call from Social Security saying the matter has been dropped and they will not be pursuing her for $28,000 any longer. ...

Overpayment Problems For A 69 Year Old Grandmother

     From WKBW in Cincinnati:

Margaret Fitzwater insisted she wasn't going to cry, but her eyes quickly turned red and watery as the 69-year-old grandmother of six described the impact of unknowingly being overpaid $35,770 in monthly Social Security benefits, then having the Social Security Administration demand that she pay it back.

"I go to bed at night worrying about it," Fitzwater said. "I just want it to end."

Fitzwater, who worked a combined 37 years at Cincinnati Gas & Electric and the United States Postal Service, said the confusion over her Social Security benefits began in March 2011.

That's when she received a letter from the agency claiming it had overpaid Fitzwater $4,345 in benefits due to not including her workers compensation payments.

In an April 2011 letter the SSA sent to Fitzwater, the agency confirmed she had paid it back.

"I assumed when I paid them money back in the very beginning that they had it all figured out," she said.

Then, in 2016, she received another letter, saying she apparently owed $35,770.

The problem is not unique to Fitzwater. In a November 2019 audit, the Office of the Inspector General expressed concerns that the Social Security Administration was struggling with overpayments, its collection process and long delays on waivers and hearings. The audit revealed that the SSA estimated it had made $8 billion in improper payments in 2018 alone.

"It's a bureaucracy," Cincinnati attorney James Williams told the I-Team in January. "Probably the world's biggest bureaucracy."

Williams is not Fitzwater's attorney and we did not discuss the case with him, but he has represented clients in hundreds of disputes with the Social Security Administration. He also worked as an attorney for the SSA's Office of Hearings and Appeals. 

"They want to do a good job," Williams said. "Part of the problem is I don't think they have enough personnel to do the good job."

The audit also identified mistakes in calculating income of beneficiaries – which is what happened to Fitzwater – by nearly $1 billion in 2018. The same audit estimated that SSA would wrongly collect an additional $671 million if it didn't fix mistakes resulting from outdated computer systems and understaffing.

Fitzwater told the I-Team she was confused by some of the notifications she received from the SSA.

In April 2013, the SSA told Fitzwater it owed her money and that it would increase her benefits.

Then, in a May 2014 letter, she was notified that she had been paid $27,016 too much because of what the agency said was unreported workers comp. 

"I feel like the right hand doesn't know what the left hand is doing," Fitzwater said.

In December 2018, after waiting 53 months for a hearing on her case, an administrative judge determined Fitzwater still owed $30,000 for excessive benefits.

According to Fitzwater's records, the SSA is withholding $804 from her monthly Social Security benefit of $2,368 to refund the excess benefits. Fitzwater said she also receives about $3,700 a month in workers comp benefits.

In a December 2019 letter to the SSA, Fitzwater's attorney, Albert Brown Jr., told the agency it had violated her rights by withholding benefits without ruling on any of her three requests for a waiver on paying back the money. ...

What's In It For The Public?

     From Emergency Message  EM-20006:

Beginning February 29, 2020, SSA will be offering enhanced registration/identity-proofing methods to a limited number of specially selected potential customers. Emails will be sent to this limited group of ‘customers,’ inviting them to go online and create a my Social Security account.
We plan to release methodically this enhanced functionality. The first phase will include Social Security employees, friends, and family. The enhanced registration process through electronic access (eAccess) will introduce the verification of state issued identification documents (driver’s licenses, learner’s permits, state identification cards) and verification of digital addresses (email address and cell phone numbers). All accounts created through the link provided in the invitation email will be Extra Security accounts; therefore, financial verification may also be required online.
Beginning February 29, my Social Security will allow this limited group of customers to: · Take a photo of:

· the front of the state issued Identity Document (ID – driver’s license, learner’s permit, or state identification card)
· the back of the state issued ID
· his or her face (selfie), or

· Manually type the ID information (name, date of birth, ID#, issue state) plus financial evidence (Credit card number, W-2/Self-Employment information, direct deposit amount), or
· Answer Out-of-Wallet quiz questions plus financial evidence. In the first phase of this rollout, any customers receiving an error message during registration will be directed to send an email to the following address: mysocialsecurity.registration.support@ssa.gov

If any representatives from the FOs or on the N8NN receive any inquiries about the new registration process, send an internal email to: ^mySocialSecurity Registration Support

NOTE: Assist current my Social Security account holders and customers who register via the original registration path with the current policies in place.

Direct all program-related and technical questions to your Regional Office (RO) support staff or Program Service Center (PSC) Operations Analysis (OA) staff. RO support staff or PSC OA staff may refer questions, concerns or problems to their Central Office contacts.

POMS will be updated later due to several system releases in the upcoming months. POMS will be published with all-inclusive information from each of the releases planned. We will continue issuing EMs to assure everyone has the necessary information before these publications.

     I don't understand. A limited number of people would have the opportunity to go to the trouble of uploading personal information. What's in it for them? Why would they do it?

Home School Problems

     From the Home School Legal Defense Association:

After 40 years in the workforce, James Blume began collecting well-earned Social Security retirement benefits, including an additional amount for his son who was still in school. 

When the homeschool teen turned 18 last year, however, the additional benefit stopped—even though the law says he still qualified for the payment. 

“We filled out their form stating that he was still in secondary school,” James Blume recalled, “but this was not sufficient. The Social Security Administration needed more to substantiate [his status] and said they wanted the school to give a statement that he had met their requirements for education.” ... 

Sadly, situations like the one experienced by the Blumes are no longer a rarity. 

According to Senior Counsel Darren Jones, who deals with Social Security Administration (SSA) issues along with other members of Home School Legal Defense Association’s litigation team, the number of cases we’re dealing with in this area has nearly tripled in the past five years. 

The problem typically occurs after a homeschool student turns 18. That’s when the additional benefit granted on behalf of a child usually ends for parents receiving SSA payments for retirement, disability, or the death of a spouse. 

The law says that youth who are still going to school full-time qualify for Social Security students benefits until two months after their 19th birthday. And it’s fairly straightforward for students in traditional schools to show they are still eligible for these payments. ... 

Sometimes problems with Social Security stem not from the complications of individual cases but because of regional policies. 

This explains why several midwestern states, including Michigan and Minnesota, have proven especially troubling. 

Read Jones said that Social Security officials in these jurisdictions have developed local guidelines that discriminate against homeschool students based on a faulty understanding of compulsory education laws. Their view is that, because there is nothing compelling 18-year-olds to remain in school, these teens can’t legally be considered students....

      I saw a case like this maybe 20 years ago. I thought the agency had given up on harassing the home schoolers. I’m especially surprised to read that this may be a regional issue. 

About Time

     I was under the impression that Social Security had long since processed all of the claims based upon same sex marriages that had been held up pending policy decisions. It looks like I was wrong. The agency has just released a batch of cases that had been held up. I don't know what issues there might have been in these cases. I suspect that it could not have been many cases or I would have been aware of them. Perhaps this is just housekeeping, telling staff to check to make sure that they don't have any more cases on hold awaiting policy decisions that were made some time ago.

Final Regs On Removing Inability To Communicate In English As An Education Category To Appear In Federal Register Tomorrow

     Final regulations on Removing Inability to Communicate in English as an Education Category will be published in the Federal Register tomorrow. You can read them today. They will be effective on April 27. Social Security has also announced in the Federal Register that it is rescinding Social Security Acquiescence Ruling 86-3(5) which has to do with the consideration of inability to communicate in English.

     What a proud moment for Social Security -- being enlisted in Donald Trump's war on immigrants.

     Update: In an Orwellian touch, Andrew Saul is touting this as "updating" Social Security.

Three Listings Extended

     The Social Security Administration is extending without change the Medical Listings for Special Senses and Speech, Hematological Disorders, and Congenital Disorders That Affect Multiple Body Systems.