No Looking Good For The Puerto Rico SSI Case At The Supreme Court

    U.S. v. Vaello-Madero,  the case pending at the Supreme Court that concerns whether it is constitutional to deny SSI benefits to U.S. citizens who reside in the territory of Puerto Rico, has been listed for review at the Court's conference this Friday. This is the third time the case has been relisted for review.

     I have little knowledge of Supreme Court practice so I'll quote someone who does: 

If a case has been relisted once, it generally means that the Court is paying close attention to the case, and the chances of a grant [that is, agreeing to schedule oral arguments in the case] are higher than for an average case. But once a case has been relisted more than twice, it is generally no longer a likely candidate for plenary review, and is more likely to result in a summary reversal or a dissent from the denial of cert.

     The decision in the Court of Appeals was that it is unconstitutional to deny SSI benefits to U.S. citizens residing in Puerto Rico so a summary reversal would mean no SSI for Puerto Rico residents. It seems unlikely that the Count would refuse to hear the case (deny the petition for a writ of certiorari) since it presents a constitutional issue and there is a good deal at stake.

Headcount Changes Little From End Of 2019 To End Of 2020

    The Office of Personnel Management (OPM) is really trying hard to catch up.  Here is the headcount of Social Security employees are as of December with some earlier headcount numbers for comparison:

• December 61,816
  
• September 2020 61,447
  
• June 2020 60,515
  
• March 2020 60,659
  
• December 2019 61,969
  
• December 2018 62,946
  
• December 2017 62,777
• December 2016 63,364
• December 2015 65,518
• December 2014 65,430
• December 2013 61,957
• December 2012 64,538
• September 2011 67,136
• December 2010 70,270

Take A Look

      I can't figure out how to reproduce it here but this piece on the hearing backlog at Social Security has a nice interactive chart displaying the backlog at each hearing office. It's noticeable that the worst backlogs seem to be West of the Mississippi.

Improve Retirement Income By Increasing The Minimum Wage

     From Market Watch:

...If a single worker with a life expectancy of 90 were to earn the current minimum wage her whole life, and claimed Social Security benefits at her full retirement age, she would receive a monthly benefit of $924, compared with that same type of worker earning $15 an hour, who would receive $1,337, said Bill Meyer, chief executive officer of software firm Social Security Solutions.

But Social Security benefits can also be calculated cumulatively — that is, the total amount in one’s lifetime. Cumulatively, a worker claiming at 62 after having earned the current minimum wage his whole life would receive $294,000 (assuming a 2% cost-of-living adjustment), and $398,000 if he claimed at 70. But if a worker earned $15 an hour and claimed at 62, he would see $425,000 in lifetime Social Security benefits, and $576,000 if he claimed at 70. ...

Does This Matter?

      An addition to Social Security’s HALLEX manual:

A.

General

Hearing office (HO) staff will initiate and conduct a prehearing case analysis and workup when the HO receives a claim(s) file. HO staff will consult with the administrative law judge (ALJ) and HO management on the issues discussed below, as needed.

B.

Prehearing Analysis of Evidentiary Issues

As part of the prehearing case analysis, HO staff will review the claim(s) file to determine whether the claimant informed the agency about additional evidence that is not in the record. If the evidence is not in the record, HO staff will develop the evidence according to the regulations and instructions in Hearings, Appeals and Litigation Law (HALLEX) manual I-2-5-13.

If HO staff determines additional evidence may be needed for a full and fair inquiry into the matters at issue, they will consult with an ALJ to determine whether to develop the evidence. See HALLEX I-2-5-2. If the ALJ decides that he or she needs additional evidence, the HO will develop the evidence before scheduling the hearing.

C.General Overview of Prehearing Analysis and Workup

In addition to performing a prehearing analysis of evidentiary issues, as discussed in subsection B above, HO staff (or the ALJ, if otherwise stated in the referenced citation), will take the following actions:

• Ensure the claim(s) file is associated with the correct claimant.

• Assess whether there is a prior claim(s) file. See HALLEX I-2-1-13.

• Determine whether special handling procedures apply. See HALLEX I-2-1-55 D.

• Determine who is a party to the hearing. See HALLEX I-2-1-45.

• Determine the issues in the case. See generally HALLEX I-2-2.

• Ensure concurrent claim(s) or requests for escalation of claim(s) are associated with the case. See HALLEX I-2-2-22.

• Determine whether special notices are required. See HALLEX I-2-3-45 and I-2-3-50.

• Document whether the claimant has objected to appearing at the hearing by video teleconferencing. See HALLEX I-2-0-21.

• Note whether the case may be appropriate for a decision on-the-record, or whether the claimant has waived the right to a hearing. See HALLEX I-2-1-82.

• Select the proposed exhibits and prepare an exhibit list. See HALLEX I-2-1-15 and I-2-1-20.

• Determine whether an interpreter or other special accommodations are needed at the hearing. See HALLEX I-2-0-15 C, I-2-1-70, I-2-1-72, I-2-1-74, and I-2-3-10.

• Determine whether expert testimony is needed at the hearing. See HALLEX I-2-5-34 and I-2-5-50.

• Determine whether the testimony of any other witness is needed at the hearing. For instructions regarding when field office employees can be called as witnesses, see HALLEX I-2-5-71.

• Give the claimant or the representative the opportunity to examine the claim(s) file. See HALLEX I-2-1-35.

• Schedule a prehearing conference, if appropriate. See HALLEX I-2-1-75.

• Schedule a hearing and send a notice of hearing (if applicable). See HALLEX I-2-3-10 and I-2-3-15.

• For claim(s) remanded by the Appeals Council, request clarification before scheduling a hearing if the ALJ cannot carry out the directive(s) set forth in the remand order, or if the directive(s) appears to have been rendered moot. See HALLEX I-2-1-8.

A Message From Andrew Saul, Who's Still Calling Himself "Commissioner", Not "Acting Commissioner"

 Maintaining Service during the COVID-19 Pandemic

02-11-2021 · 2 MINUTE READ · Commissioner Broadcasts

A Message To All SSA and DDS Employees

The COVID-19 pandemic continues to impose hardships especially on our country’s most vulnerable citizens. Of concern, we have seen reduced application filings for the Disability Insurance (DI) and Supplemental Security Income (SSI) programs since the middle of last year. Many of these individuals, including those people with low-income, limited English proficiency, facing homelessness, or with mental illness, have historically relied on meeting with you face-to-face to get the help they need.

Over the past year, we have worked closely with national and local advocacy groups to improve service to vulnerable populations. We have also engaged Federal, State, and local agencies, as well as private industry, to raise public awareness of how to access our services during the COVID-19 pandemic. The positive response demonstrates how much our programs matter. Agency resources, like the recently implemented “Information for People Helping Others” page at www.ssa.gov/thirdparty, provide the type of information the beneficiaries, and the advocate communities who help them, need, but we can do more.

I know our frontline employees witness the hardships our customers endure firsthand. Soon, I will share a number of initiatives with you that are designed to help us provide better service through enhanced outreach and communication with our most vulnerable populations.

We are determined to continue to keep you safe while ensuring we do not fail the people who depend on us. Additionally, these efforts align with President Biden’s executive order on supporting underserved communities. With your continued help and that of our partners, we can ensure that the people know about and apply for our programs.

Thank you for your continued commitment and dedication to the public we serve.

Andrew Saul
Commissioner

Three Sandwiches And Three Bottles Of Beer

     From the Virginian-Pilot:

William Rankin came to Norfolk’s Social Security Administration building Monday afternoon with a simple message — “I want my money!” — and a plan to get it, one that involved a handgun, rifle and some 600 rounds of ammunition, according to the FBI.

It appears he was prepared to stay a while: He brought three sandwiches and three bottles of beer. ...

On Thursday, federal prosecutors charged the 44-year-old Rankin with attempted murder of someone helping an employee of the U.S government, assault, having a firearm in a federal facility and being a felon in possession of a firearm. If convicted, Rankin faces 10 years to life in prison, although sentences for federal crimes are usually less than the maximum. ...

It all started a little before 3:30 p.m. Monday, when Rankin entered the Social Security Administration building at 5850 Lake Herbert Drive. Right after he entered with a rifle bag slung over his left shoulder, a security guard approached him. ...

Rankin yelled, “I want my money!”

The guard told Rankin that, because of the coronavirus pandemic, the building was closed; he needed to call the phone number listed on the front door. Rankin clarified he was there because he wanted his mother’s money. The guard said he still needed to call the number listed on the door.

Rankin then pulled a .380 pistol and told the guard he wasn’t leaving without the money. The guard tried to keep Rankin calm. But Rankin became more agitated and demanded the guard unholster his gun and put it on the ground. The guard refused.

So Rankin fired at least five rounds at the security guard, hitting him in the left arm, left shoulder, left leg, right leg, left upper chest and the lower abdomen. A bulletproof vest saved the security guard from the shots to his upper chest and abdomen.

 After firing, Rankin turned and started to move to the front door, at which point the security guard drew his weapon and shot Rankin several times. Even though he’d been shot multiple times, the guard was able to get into an elevator, go to the second floor and tell others he’d been shot and to call 911. He then went back downstairs and watched Rankin until backup arrived. ...

Law enforcement found a 9mm Hi Point rifle and roughly 600 rounds of ammo in his rifle bag, including nine boxes of 9mm and three fully-loaded extended 9mm magazines. Officers searched Rankin’s Chesapeake home and interviewed his wife, who told them about his struggle to get Social Security benefits for his mother. ...

A Bulletproof Vest Saved His Life

      From WAVY:

A security company says a bulletproof vest likely saved the life of a 52-year-old guard who was shot at a U.S. Social Security Administration building in Norfolk on Monday. ...

In the message Tuesday, the president of [the security company] said an “armed assailant” attempted to gain entry into the Social Security building, but it was closed to the public.

When he was refused entry, he opened fire into the lobby. ...

The security guard was hit four times, but returned gunfire “until the threat was neutralized.”

After he was shot, the security guard went to the second floor to alert the other officer he was working with. That officer was already responding to the sound of gunfire downstairs, and had secured the seven employees on the floor and called 911.

Despite being injured, the officer who was shot went back to the main floor and secured the scene until police arrived. ...

[T]he guard was set to have surgery Tuesday and was in stable condition. ...