Social Security's Regulatory Agenda

     Below is Social Security's Regulatory Agenda as of this summer. Proposed rule stage means that no proposal has been published in the Federal Register for comments. Final rule stage means that the proposed rule has been published in the Federal Register for comments. Social Security is dealing with the comments. In one case, the Musculoskeletal Listings changes, the agency has sent a proposed final rule to the Office of Management and Budget for review prior to publication as a final rule. How many of these will be completed by next inauguration day?

Agency	Stage of Rulemaking	Title	RIN
SSA	Proposed Rule Stage	Minimum Monthly Withholding Amount for Recovery of Title II Benefit Overpayments (3752P)	0960-AH42
SSA	Proposed Rule Stage	Use of Electronic Payroll Data To Improve Program Administration	0960-AH88
SSA	Proposed Rule Stage	Administrative Rules For Non-Attorney Representatives and Claimant Representatives	0960-AI22
SSA	Proposed Rule Stage	Privacy Act Exemption: Anti-Fraud Enterprise Solution (AFES)	0960-AI31
SSA	Proposed Rule Stage	Revising Evaluation of Vocational Factors in the Disability Determination Process	0960-AI40
SSA	Proposed Rule Stage	Revised Medical Criteria for Evaluating Cardiovascular Disorders	0960-AI43
SSA	Proposed Rule Stage	Civil Monetary Penalties, Assessments and Recommended Exclusions	0960-AI49
SSA	Final Rule Stage	Revised Medical Criteria for Evaluating Musculoskeletal Disorders (3318P)	0960-AG38
SSA	Final Rule Stage	Revised Medical Criteria for Evaluating Digestive Disorders and Skin Disorders	0960-AG65
SSA	Final Rule Stage	Hearings Held by Administrative Appeals Judges of the Appeals Council	0960-AI25
SSA	Final Rule Stage	Rules Regarding the Frequency and Notice of Continuing Disability Reviews	0960-AI27
SSA	Final Rule Stage	Improved Agency Guidance Documents	0960-AI47
SSA	Final Rule Stage	Extension of Expiration Dates for Three Body Systems	0960-AI48

A Social Security Payment Center In The Olden Days

Have A Safe Independence Day

Not Much Progress In Solving Covid-19 Problems

     The Coalition for Citizens with Disabilities (CCD), the country's major umbrella group for nonprofits involved in helping the disabled, has tried to get some answers from Social Security on its processes during the Covid-19 pandemic. The agency's answers indicate that not much progress has been made. They're working on it but there are major bottlenecks. It doesn’t help that there were major problems before Covid-19.

     I sometimes think that Social Security is like a team entering a high tech car in the Monte Carlo Grand Prix race with a flat tire. They try to implement sophisticated new technology before solving basic workflow problems.

No Noticeable Covid-19 Effect On Trust Funds -- So Far

     We now have some very early numbers showing how the Covid-19 pandemic has affected the Social Security trust funds. In the three month time period of March, April and May of 2019, the combined Social Security trust funds gained $560 million. In the same months of 2020, the combined trust funds gained $863 million. I'm sure it's coming but so far there's no evidence of a Covid-19 effect on the trust funds.

Social Security Loses In The Seventh Circuit On Conn Case

     The vast majority of Eric Conn's former clients reside in Kentucky. The Sixth Circuit Court of Appeals, whose territory includes Kentucky, has already ruled that the process used by Social Security to reopen the cases of Conn's former clients, could not stand. However, Conn had some clients who live in West Virginia, which is in the Fourth Circuit Court of Appeals territory and other Conn clients have moved all over the country. The latest appellate court to act on a Conn case is the Seventh Circuit Court of Appeals which has just ruled that the process that Social Security used cannot stand, although it did so in a narrower way that the Sixth Circuit. I believe there is another case pending at the Fourth Circuit Court of Appeals but I don't know the status of that case.

    The Conn cases that have been sent back for new hearings are on hold at the moment because of the Covid-19 pandemic. It's not at all clear how these will be handled.

What's A Poor Claimant To Do?

     The New Republic has an article up on the problems faced by Social Security claimants who are declared overpaid. The statutes, regulations and policies are complicated. Very few lawyers understand them and lay people never do. If you're declared overpaid, untnil you do something your monthly checks stop immediately. The system is undeniably harsh. Social Security is difficult to contact. Many of the agency's employees don't understand overpayments themselves. It can be well nigh impossible to get an explanation for a declared overpayment. Claimants can't afford lawyers. Even most Social Security attorneys have only a limited understanding of all the ways that alleged overpayments can happen and what can be done about them because they are so few cases where claimants can pay a fee. There's too many of the cases for the private bar to handle them pro bono. It would be best if legal services had the resources to handle all of the cases but they don't. A second best way of handling the problem would be if the cases could be made fee generating for attorneys in private practice but I don't see that happening.

     Think an attorney can't make a difference? I've had two cases in my career which started off with my client facing a large overpayment but which ended with my client receiving a large underpayment. Yes, they really do make mistakes that bad. The agency makes plenty of mistakes in declaring and computing overpayments. Even when the overpayment is real, there's always waiver for the claimant, waiver for dependents who received benefits, partial waiver, payment plans, lump sum payment offers, etc.

Field Offices To Resume Very Limited In-Office Appointments

    From an update to Social Security's Covid-19 webpage:

... Will SSA provide in-person services during the COVID-19 pandemic?

Date: June 29, 2020

If you have a critical situation we cannot help you with by phone or online, we may be able to schedule an in-office appointment for you. We remain unable to provide service to walk-in visitors due to the pandemic. ... 

New Card Requests 

We assign the vast majority of SSNs and issue SSN cards at birth. We will continue to process new card requests through our automated processes for newborns as part of the hospital registration process (we call that process Enumeration at Birth). We will also continue to process SSNs and issue cards for certain lawful immigrants [we call these processes Enumeration at Entry (EAE) and Enumeration beyond Entry (EBE)]. 

If these automated processes are not available to you, we will schedule an in-office appointment for a new card request for those with a critical need. ...