Devastating Effects From Field Office Closures

      From an op ed by Jonathan Stein and David Weaver in the New York Times:

At a time when the pandemic has hit the disabled and elderly the hardest, they also face the erosion of a critical income lifeline, Supplemental Security Income (S.S.I.). The program has collapsed during the pandemic: From July to November 2020, the Social Security Administration awarded benefits to about 100,000 fewer individuals compared with the same period last year. In July 2020 the agency distributed just 38,318 new awards — the fewest in 20 years of available data.

At this rate, more than 230,000 low-income disabled and elderly Americans will miss out on vital cash benefits and access to health care (via Medicaid, which S.S.I. recipients generally qualify for) in one year. ...

The immediate cause of this ongoing crisis is the closure of Social Security’s network of 1,200 field offices during the Covid-19 pandemic. Generally, the agency does not take online applications for S.S.I. benefits, leaving these disabled and elderly people with one primary service option: calling its overburdened general phone line. Further, the field offices were a source of information and assistance for millions of Americans, many challenged by cognitive, learning, language and poverty-related issues. ...

Even before this crisis, two-thirds of those who completed the initial 23-page application for the program failed to qualify under the current burdensome disability and means tests. ...

Social Security executives are aware of the existing and pandemic-era challenges and are making good-faith efforts to address them, including a rare and laudatory engagement with claimants’ advocates. But these important steps by the agency are undermined by an effort to close the doors to hundreds of thousands of claimants during a time of economic collapse and labor market contraction. ...

The S.S.I. elderly and disabled await Jan. 20, and a Biden White House that understands their plight.

U.S. v. Vaello-Madero Relisted

     United States v. Vaello-Madero, the case on the constitutionality of denying SSI to U.S. citizens who live in Puerto Rico, has been relisted by the Supreme Court, meaning that the Court will consider again on Friday whether to schedule the case for oral arguments. My understanding is that relisting like this is common in cases that the Court eventually agrees to hear. However, it would also be possible for the Court to summarily reverse the decision below without an oral argument. 

     If the Court does decide to hear the case, there is the issue of when it gets heard. The Court's argument calendar for this term is nearly full. If it gets heard in this term, we get an opinion by early July at the latest. The Court's new term always begins on the first Monday in October so if it gets pushed into the next term we're not likely to get an opinion before early 2022.

"Bold Vision"?

      From Policy Pillars and Priorities: A Bold Vision for a Legislative Pathway Toward Health and Economic Equity issued this month by Richard Neal, the Chairman of the House Ways and Means Committee:

... The framework we present here is Ways and Means Committee Democrats’ plan to make our nation a more just and equitable place. ...

Congress must do more to help American families, especially minority families, have a secure and dignified retirement. Social Security provides the foundation of retirement security, and its benefits must be strengthened and improved, particularly for low-wage workers. Social Security disability benefits must be protected against harmful attacks.  ...

Policy Approaches 

•Strengthen and improve Social Security benefits, particularly for low-wage workers 

•Protect Social Security disability benefits from harmful regulations and other attacks designed to reduce access to benefits ...

     As far as Social Security goes, that's all there is in this document. Note that there's no legislative action even suggested as far as Social Security disability benefits go and only the vaguest suggestion that something unspecified might be done more generally to "strengthen and improve Social Security benefits." SSI isn't even mentioned.

     Perhaps I shouldn't be critical. Perhaps this is meant to be something similar to the vapid "mission statements" that many corporations and organizations pointlessly struggle to put out but, honestly, I don't see even a hint of boldness in this document, at least as far as Social Security is concerned.

Saul Mum As Outside Groups Plan Press Conference

     From a press release issued by Social Security Works:

This Tuesday, Jan. 12th at 2pm ET, unions representing Social Security Administration (SSA) employees and advocates representing Social Security beneficiaries will hold a virtual press conference calling on Joe Biden to clean house by removing all of Donald Trump’s political appointees from SSA on day one of his presidency. The press conference will air live on the Social Security Works Facebook page. ...

Who:

• Ralph de Juliis, President of AFGE Council 220
• The Honorable Melissa McIntosh, President of the Association of Administrative Law Judges
• Matthew Biggs, Secretary-Treasurer of the International Federation of Professional & Technical Engineers
• Alex Lawson, Executive Director of Social Security Works ...

      It seems to me that if I were Andrew Saul and I were planning to hang around as Commissioner, I would have put out a press release sometime in the last two months congratulating Joe Biden and expressing an intention to work with the Biden Administration. If I weren't planning on hanging around, I think I would have already put out a press release saying that I was resigning on a specific date. Neither has happened. I don't know what the lack of any press release means. Maybe somebody should ask Saul what it means, like a reporter seeking a comment on this press conference.

The Numbers Are In

      The Social Security Administration has updated its statistics through the end of 2020 on the number of disability claims filed and adjudicated. (This website may be down at the moment. Social Security's websites seem to be having some problem this morning. I can't get up any of them including the main website.)

     The number of disability claims for which adjudication began went from 1,309,863 in 2019 to 1,226,2236 in 2020, a decline of 6.4%. The number of disability claims entering adjudication has now declined by 36% from its peak in 2010. The number of claims approved went down by 38% over the same time frame.

     By the way, do you remember what happened in the November 2010 election? Republicans gained control of the House of Representatives. They commenced relentless attacks on Social Security disability claimants and beneficiaries.  That wasn't the only thing causing the decline but I'm pretty sure it was a factor.

Waiting Period Eliminated For Those With ALS

      In the midst of everything else I missed that the Congress passed and the President signed a bill that eliminates the five month waiting period for Disability Insurance Benefits for those found disabled due to Amyotrophic Lateral Sclerosis (ALS), often referred to as Lou Gehrig’s Disease. Can somebody explain to me why those with ALS receive this break but not people suffering from terminal cancer? I’ve had the experience of explaining to my sister that there was no point in her applying for Social Security disability benefits because she wouldn’t live long enough to collect them so, yes, this feels personal to me.

Serious Question

      When was the last time anyone at Social Security saw Andrew Saul?

Supreme Court To Again Consider Hearing Puerto Rico SSI Case

     The Supreme Court has "relisted" U.S. v. Vaello-Madero, the case presenting the issue of the constitutionality of denying SSI to U.S. citizens who reside in Puerto Rico and most other U.S. territories. This means that the Court will once again consider whether to agree to hear the case. John Elwood, writing for SCOTUSblog, says that the Court is likely to agree to hear the case.

     This case is a big freaking deal to Social Security world. If the Court finds that it's unconstitutional to deny SSI to Puerto Rico residents, there will be an avalanche of new claims. All parts of the Social Security Administration will be affected. I expect that it will be the biggest logistical challenge for the agency since the creation of SSI in the 1970s.

     It's not clear what position that the new Administration will take on this case. The nomination of Merrick Garland to be Attorney General suggests that the Biden Administration will follow traditional policies which include defending the constitutionality of any statue but there's not been an announcement of a Solicitor General nomination. It's the Solicitor General who actually handles Supreme Court cases for the federal government. The Trump Administration abandoned traditional policies and routinely refused to defend statutes it disagreed with. If the Biden Administration follows suit, it could settle this case as well as any class actions on the issue. Yes, even cases scheduled for oral argument at the Supreme Court can be settled.

     Update: The Supreme Court took no action on the Vaello-Madero case today.