NOSSCR Opposes Mandatory Telephone Hearings

     From a letter from the National Organization of Social Security Claimants Representatives (NOSSCR) to Social Security’s Deputy Commissioner for the Office of Hearings Operations (OHO) and the Chief Administrative Law Judge (CALJ):

Some of our members have been told that SSA [Social Security Administration] plans to change its policy of making telephone hearings voluntary, perhaps as soon as April 27. This is not acceptable to NOSSCR and we urge you to clarify as soon as possible that telephone hearings remain optional. Claimants who want to wait for in-person hearings (or video hearings, if they have not submitted an HA-55 opt-out form) should be permitted to do so.

     In case it's not clear to you, let me spell out the subtext. NOSSCR is concerned that ALJ hearings will become mandatory not just for the current emergency but from now on; that the agency will use this emergency to  achieve an unrelated goal.

Social Security Loses A Lot In Federal Court

     The Administrative Conference of the United States (ACUS) compiles a yearly report on the attorney fees paid by federal agencies under the Equal Access to Justice Act (EAJA) to those who sue them or are sued by them when the court determines that the agency's actions were not "substantially justified." 

     The Fiscal Year 2019 report has come out. It shows that the Social Security Administration paid out a total of $45,842,213.45 in 8,223 cases, an average of $5,574.88 per case. To give a comparison, the agency that paid out the second most dollars was the Department of Commerce with $6,068,000.00 in just three cases. In terms of numbers, the Department of Homeland Security was second at 46 cases. Overall, Social Security accounted for 99% of the number of EAJA awards and 78% of the dollar amount of all EAJA awards.

OK, Now Let’s Take Care Of SSI Recipients; Also Don’t Change Your Mind Again

     From the Washington Post:

The Treasury announced late Wednesday that Social Security beneficiaries who typically do not file a tax return will automatically get the $1,200 payment. 

The announcement is a reversal from earlier in the week when the Internal Revenue Service said everyone would need to file some sort of tax return in order to qualify for the payments. Democrats and some Republicans criticized the IRS for requiring so many extra hurdles for this vulnerable population to get aid when the government already has their information on file....

No CEs For Now; Claimants Must Wait For Decisions

     I had posted to a news report from Buffalo about Social Security requiring disability claimants to attend consultative medical examinations during the Covid-19 epidemic. There is a new report out of Buffalo quoting an agency spokesperson saying that “We are not requiring applicants to appear in-person for consultative examinations during the national COVID 19 pandemic.” He went on to say that “We have instructed the DDSs [Disability Determination Services] to hold any case where the consultative exam, necessary for a disability decision, is canceled and to reschedule it once the COVID 19 pandemic subsides.”
     Social Security really ought to put out a national press release on this.

Great Work Everybody

     From your friends at the I.R.S.:

The Treasury Department and the Internal Revenue Service today announced that distribution of economic impact payments will begin in the next three weeks and will be distributed automatically, with no action required for most people. However, some seniors and others who typically do not file returns will need to submit a simple tax return to receive the stimulus payment. ...

How will the IRS know where to send my payment? 

The vast majority of people do not need to take any action. The IRS will calculate and automatically send the economic impact payment to those eligible. 

For people who have already filed their 2019 tax returns, the IRS will use this information to calculate the payment amount. For those who have not yet filed their return for 2019, the IRS will use information from their 2018 tax filing to calculate the payment. The economic impact payment will be deposited directly into the same banking account reflected on the return filed. 

The IRS does not have my direct deposit information. What can I do? 

In the coming weeks, Treasury plans to develop a web-based portal for individuals to provide their banking information to the IRS online, so that individuals can receive payments immediately as opposed to checks in the mail. 

I am not typically required to file a tax return. Can I still receive my payment? 

Yes. People who typically do not file a tax return will need to file a simple tax return to receive an economic impact payment. Low-income taxpayers, senior citizens, Social Security recipients, some veterans and individuals with disabilities who are otherwise not required to file a tax return will not owe tax. 

How can I file the tax return needed to receive my economic impact payment? 

IRS.gov/coronavirus will soon provide information instructing people in these groups on how to file a 2019 tax return with simple, but necessary, information including their filing status, number of dependents and direct deposit bank account information. ...

     Of course, Social Security’s databases have the needed information for those receiving benefits but that would be too easy. Let’s make sure we harass poor elderly and suck people and prevent as many of them as possible from getting the payments.

     Also, who were the Democratic staffers involved with this negotiation? What were they thinking?

Transmission of Fraudulent Robocalls Enjoined

     From a press release:

The Department of Justice announced that the U.S. District Court for the Eastern District of New York entered orders in two separate civil actions barring eight individuals and entities from continuing to facilitate the transmission of massive volumes of fraudulent robocalls to consumers in the United States.  In one of the matters, United States v. Nicholas Palumbo, et al., the court entered a preliminary injunction that bars defendants Nicholas and Natasha Palumbo and two entities from operating as intermediate voice-over-internet-protocol (VoIP) carriers during the pendency of the civil action.  In the other matter, United States v. Jon Kahen, et al., the court entered consent decrees that permanently bar defendants Jon Kahen and three entities from operating as intermediate VoIP carriers conveying fraudulent robocalls into the U.S. telephone system. ...

More Covid-19 Scams

     From a press release from Social Security's Office of Inspector General:

Today, I am warning the public about fraudulent letters threatening suspension of Social Security benefits due to COVID-19 or coronavirus-related office closures. Social Security will not suspend or discontinue benefits because their offices are closed.

The Social Security Office of the Inspector General has received reports that Social Security beneficiaries have received letters through the U.S. Mail stating their payments will be suspended or discontinued unless they call a phone number referenced in the letter. Scammers may then mislead beneficiaries into providing personal information or payment via retail gift cards, wire transfers, internet currency, or by mailing cash, to maintain regular benefit payments during this period of COVID-19 office closures. ...

Claimants Objecting To Health Risk Of CEs

     From the Buffalo News:

While safety concerns over the Covid-19 pandemic have closed government offices across the United States, the Social Security Administration is putting people in danger by directing them to a small Buffalo clinic for medical evaluations, five Buffalo-area attorneys said Friday. 

The Social Security Administration has continued to require applicants for disability benefits to be evaluated by doctors at the 699 Hertel Ave. clinic run by Industrial Medicine Associates, also known as IMA, the attorneys said. 

“I’ve had clients who have been told to go to this clinic and told that if they didn’t go, their applications for benefits could be negatively impacted,” said Richard G. Abbott, a Kenmore attorney who represents applicants for Social Security disability insurance. “Our president, our governor and county executive are telling people with underlying health issues to stay home. Social Security tells them to go to a place where they may be exposed to people who are sick. It’s outrageous.”