Merry Christmas

 

No Answer From Saul Or Biden Transition On Commissioner Position

     Joe Davidson at the Washington Post has devoted a column to the effort to get Andrew Saul fired as Social Security Commissioner. It's clear that Davidson doesn't understand the constitutional issue involved but he does detail the pressure to get Saul out. Of interest to me in the column was this sentence: "Neither the agency nor Biden’s team responded to requests for comment." I have to guess that things are still up in the air.

     By the way, as I've asked before, when will the Post retire that same tired photo they've been using for years to illustrate articles having to do with the Social Security Administration?

Social Security Starts To Track Disability Claims As A Result Of Covid-19

      Social Security has issued an Emergency Message telling its staff to start flagging disability claims where Covid-19 is alleged as an impairment. They're not giving any instructions on how to adjudicate the cases. For now, they just want to track them.

     We'll see how common disability claims as a result of Covid-19 will be. Thus far in my practice, I have clients who have had Covid-19 but none who have suffered long term consequences as a result of the infection. I've not taken on any new clients alleging Covid-19 as an impairment. I haven't heard from other attorneys who have. It's still early, though. There may be cases coming but those affected are still hoping they'll get better. Remember, there's a 12 month duration requirement in the definition of disability that Social Security must use. You can be very, very sick but still recover in less than 12 months.

Merry Christmas

 

Try To Get Paid Before Checking Out

     From a recent report by Social Security's Office of Inspector General (OIG):

... When underpaid beneficiaries are deceased, SSA should pay the underpayment to a surviving spouse, child, or parent or to the legal representative of the decedent’s estate. ...

SSA did not always take proper actions to pay underpayments due terminated beneficiaries. In December 2015, SSA improved systems controls to pay underpayments due deceased beneficiaries to eligible surviving spouses. However, this control does not identify underpayments due to all terminated beneficiaries. For the 100 terminated beneficiaries in our sample, we found

• 39 had underpayments that should be paid to eligible beneficiaries;
• 25 were cases where SSA did not locate the beneficiaries or individuals who were eligible for the underpayments;
• 7 had erroneous underpayments that should have been corrected or removed from the Master Beneficiary Record; and
• 29 were correctly paid or resolved. ...

      When one of my clients dies, which is not a rare occurrence, I always make sure to find and alert the person due whatever back benefits there may be. I've always had the impression that unless I did it or some survivor of the decedent contacted Social Security, there was a good chance that it wouldn't get done, that the back benefits would never get paid.

     By the way, it's also not unusual for one of my clients to ask what happens if they die before getting paid. Yes, some of them are pessimistic enough to ask that question even though they're not facing a life threatening condition.

Merry Christmas

 

DAC Claims Get Missed All The Time

      From a recent report by Social Security's Office of Inspector General:

... An SSI recipient may be eligible for CDB [Child Disability Benefits -- Disabled Adult Child Benfits or DAC is what they're usually called] as a disabled child on a wage earner’s record [the father or mother] under the OASDI [Old Age, Survivors and Disability Insurance] program when the recipient meets the criteria for benefits. To conduct our review, we identified 1,017 SSI recipients who were potentially eligible for CDB from 1 of 20 segments in SSA’s system. From this population, we selected a random sample of 50 recipients for review.

... [W]e identified SSI recipients who were eligible for CDB. Our analysis of 50 SSI recipients identified 22 who were potentially eligible for, and 15 potentially technically entitled to, CDB. This occurred because SSA did not always (1) develop and dispose of leads related to CDB and/or (2) identify SSI recipients eligible for CDB during reviews of their non-medical eligibility factors and SSI payment amounts. Separate from our review, SSA has conducted projects, which identify SSI recipients who were potentially eligible for CDB. Based on the results of our review, we estimate 8,140 SSI recipients were potentially eligible for CDB and may be due underpayments totaling approximately $18.5 million. If SSA does not take action, we estimate the 8,140 SSI recipients may lose an additional $3.6 million over a 12-month period. ...

     In my experience there are two types of benefits that are very frequently missed: Disabled Adult Child and Widowers benefits. Parents benefits are usually missed but there are very, very few entitled to Parents benefits. I always discuss the possibility of DAC benefits with young disability claimants. Even if they're not eligible now because neither of their parents is on Social Security benefits or retired, they'll need the information for later. I also make a point of asking both older male and older female clients about their marital status so I don't miss Widows and Widowers claims.

Merry Christmas