Time To Raise The LSDB?

     David Weaver argues in The Hill that the Covid-19 pandemic is good reason to update Social Security’s Lump Sum Death Benefit (LSDB). Weaver thinks it should be increased from the absurdly low amount that is now paid, $255, to something that comes closer to the costs of a funeral, $2,500 and that it should be available not only to surviving spouses, as it mostly is now, but to any survivor handling the disposition of the earthly remains. I don’t think he goes far enough. I think the LSDB should be raised to $5,000 or even $10,000. There’s little point in the current LSDB. It probably costs more to administer than is paid out as benefits.

FSIP Rules Against ALJ Union

     The Federal Services Impasse Panel (FSIP) has authority to resolve disagreements in contract negotiations between federal employee unions and employing agencies. FSIP has recently issued a long decision and order resolving a contract dispute between the Social Security Administration and the union that represents its Administrative Law Judges (ALJs). It was a foregone conclusion that FSIP would go against the union and it did. The Trump Administration has packed FSIP with anti-union activists. 

     I am no expert on this contract but the most obvious and important sign of FSIP hostility towards the union concerns the amount of paid time that union officials can put in on union business each year. In the past, the union was provided up to 22,000 hours per year of which it used an average of 15,226 hours per year. FSIP ordered that the union receive only 1,200 hours per year. This is only a third of the 3,600 hours that Social Security had already offered the union! The appearance is that the union was punished for its audacity in not accepting what the agency offered.

     The American Federation of Government Employees (AFGE) recently sued to remove FSIP members for bias. This was added to already pending litigation over the fact that FSIP members have not been subject to Senate confirmation. Those suits will probably still be pending come next January. Should Joe Biden be elected President, his Administration would have the opportunity to settle the suits in a manner favorable to the employee unions. This is one of a number of recent actions by this Administration that may be quickly reversed if Trump is not re-elected.

When Do You Think Social Security Should Reopen?

Trump Administration Relents -- SSI Recipients Will Get Stimulus Payments Without Need To File "Tax Return"

     From a press release:

The Social Security Administration announced today that Supplemental Security Income (SSI) recipients will automatically receive their Economic Impact Payments directly to their bank accounts through direct deposit, Direct Express debit card, or by paper check, just as they would normally receive their SSI benefits. Treasury anticipates SSI recipients will receive these automatic payments no later than early May.  

“SSI recipients with no qualifying children do not need to take any action in order to receive their $1,200 economic impact payment. The payments will be automatic,” said Secretary Steven T. Mnuchin. “Recipients with qualifying children should use the ‘Non-Filers: Enter Payment Info Here’ web portal to enter basic information so they can receive their payments as quickly as possible.” ...

     This means that SSI recipients with children as well as those with pending disability claims who have not filed a tax return for 2018 or 2019 still need to file the "tax returns" but that's a much smaller problem.

An Economic Simulus Question

     Let me ask a question that probably won’t get answered here. Let’s say a disabled person has a Title II Social Security disability claim approved next month. He hasn’t already gotten an economic stimulus payment previously because he didn't file a tax return in the last two years. Will he get an stimulus payment once he gets on Social Security benefits? The question is whether the Treasury Department will just look once for Title II beneficiaries eligible to receive economic stimulus payments or whether it will continue to pay attention to those newly entitled. I'm guessing the Treasury won't pay attention to those newly entitled to Social Security benefits but we'll see. I'll bet that no one at Treasury has even though about this issue. It's going to affect thousands of disabled people each month and some non-disabled people filing for retirement and survivors benefits as well.

SSI Claimants Will Have A Lot Of Trouble Getting Economic Stimulus Payments

     To get a Covid-19 economic stimulus payment if you receive SSI benefits without also receiving Title II Social Security benefits you have to file an online  "tax return" unless you happened to have already filed a tax return in the last couple of years. To file the "tax return" you have to have an e-mail address. 

     I think that filing even though this process seems simple to most that it will defeat many SSI recipients. I decided to pull up all my firm's active SSI only cases to see how many have an e-mail address. I looked at the first 100 that came up in alphabetical order by the client's name. Of that 100, only 43 had an e-mail address.

     You might think that getting a G-mail account is simple and something that's necessary for modern life but most of my SSI clients haven't done it. Why? Many lack internet access. Many have mental limitations that make online transactions impossible for them. I'm not necessarily talking about cognitive limitations, although there's plenty of that in this population. Depression and anxiety make it hard to overcome even slight obstacles.

     I hope that many SSI claimants can overcome the hurdle that has been placed in their path, perhaps with help from others, but this hurdle shouldn't have been there to begin with. This online form is unnecessary. Social Security's databases already contain all the information needed to make these payments. No one has even tried to defend this cumbersome process as necessary.

First Circuit Rules That Puerto Rico Residents Can Be Paid SSI

     The First Circuit Court of Appeals has issued an opinion in the case of U.S. v. Vallelo-Madero holding that it is an unconstitutional denial of equal protection to refuse to pay Supplemental Security Income (SSI) benefits to qualified residents of Puerto Rico. Puerto Rico residents are citizens of the United States but since the beginning of the program ineligible for SSI. If they move to a state, however, they can get the benefit.

     The background of the case is interesting. Vallelo-Madero was receiving SSI while living in New York but then moved to Puerto Rico. Apparently, he didn't tell Social Security he had moved but they somehow found out later. It looks as if they did a criminal investigation but eventually decided not to bring charges. Instead, they did something they rarely do, they filed a civil suit to try to collect the overpayment. It was at this point that he raised the defense that his SSI never should have stopped so there wasn't an overpayment.

     Social Security can now ask all the judges of the First Circuit Court of Appeals to hear the case en banc or they can ask the Supreme Court to hear the case or they can give up and start paying SSI to all eligible applicants living in Puerto Rico. I don't think this Administration is going to pay SSI to a bunch of brown skinned people if it can avoid it. However, if Joe Biden is elected President in November and this case is still pending as I expect it will be, he may decide to accept the First Circuit opinion and start paying SSI to eligible people living in Puerto Rico.

SSI Recipients Must File Tax Returns To Get Stimulus Payments

     It's now official. If you're an SSI recipient who is not also receiving benefits under Title II of the Social Security Act, you must file a "tax return" in order to get the economic stimulus payments recently enacted. The "tax return" can only be filed online.

     This is terrible. It's completely unnecessary. Social Security's databases already contain all the information needed to make the payments. Social Security's databases are already being used to pay those receiving Title II benefits.

     This is a problem because many SSI recipients will never received the payment they are due because:

• They don't know that they need to file a "tax return" and no one is making any meaningful effort to tell them.
• They lack internet access.
• They lack an e-mail address, which is required to complete the "tax return."
• They can't figure out how to use the online form.
• The "tax return" requirement is going to generate a lot of calls to Social Security at a time when the agency already hopelessly overburdened with calls.

     Some may respond, wondering who lacks internet access and who lacks an e-mail address and who can't figure out how to complete the simple form. Many SSI recipients, that's who. If you actually deal with SSI recipients you already know this. If you don't, listen to someone who does. SSI recipients are far poorer, far less educated and far less sophisticated than most people can imagine.

     Why is this requirement imposed upon SSI recipients? I can't think of a reason other than hostility towards poor people.

     To respond to responses I know I'll get, of course SSI recipients haven't lost wages because of Covid-19. So what? Most people receiving the payments haven't lost income due to Covid-19. That's not the point of the payments.