Mar 25, 2021

Biden's Suggestive History On SSI For U.S. Territories


      I just became aware of President Biden's history with  U.S. v. Vaello-Madero, the case to be heard by the Supreme Court on the constitutionality of denying SSI benefits to U.S. citizens who reside in Puerto Rico. On September 6, 2020, a reporter for a Puerto Rican newspaper posted a story about the Trump Administration requesting that the Supreme Court hear U.S. v. Vaello-Madero and then tweeted about the story. Then candidate Joe Biden tweeted the following in response:

Time and again, the president has refused to provide Puerto Rico with much-needed resources. He’s repeatedly insulted Puerto Ricans and this latest action is another example of his disrespect for the island. 

This ends when I’m elected president.

     This isn't exactly a promise to withdraw the request that the Supreme Court hear  U.S. v. Vaello-Madero, although it can be interpreted that way. This twitter history is drawing attention and some are expressing disappointment that Biden hasn't already changed the government's position on the case. Biden's press secretary has said that Biden supports legislation to extend SSI to U.S. territories.

     Biden hasn't yet nominated a Solicitor General, the official who represents the federal government before the Supreme Court. Once he does, I hope that the Biden Administration's position on U.S. v. Vaello-Madero comes up in the confirmation hearing.

Mar 24, 2021

Why Are There Delays In Stimulus Checks To Social Security Recipients?

      From a press release: 

Today, House Ways and Means Committee Chairman Richard E. Neal (D-MA), Social Security Subcommittee Chairman John B. Larson (D-CT), Oversight Subcommittee Chairman Bill Pascrell, Jr. (D-NJ), and Worker and Family Support Subcommittee Chairman Danny K. Davis (D-IL) wrote to the Internal Revenue Service (IRS) and Social Security Administration (SSA) to express their concerns over reported delays in automatically issuing stimulus checks to some of the most vulnerable Americans. In previous rounds of direct payments, IRS and SSA worked together to deliver assistance to Social Security, Supplemental Security Income (SSI), Railroad Retirement Board (RRB), and Veterans Affairs (VA) beneficiaries automatically and promptly. There is no excuse for the delay this round, which puts critical assistance on hold for millions of Americans in need. ...

Don't Listen To This Nonsense

     I have no idea whether Democrats will advance President Biden's Social Security plan in this Congress. However, if it does start to advance, we're likely to see opposition of the sort put forward recently by Alicia Munnell of the Center for Retirement Research at Boston College. She is disappointed that the Biden plan doesn't solve Social Security's long term funding issues for the next 75 years!

     Why is it essential or even important that all issues be solved until near the year 2100? First, any projections that far out are inherently unreliable so no plan can conceivable solve all issues this far in advance. Second, if it's important to solve problems that far in advance, why hasn't the Department of Defense already solved our national security issues for the next 75 years? Why adopt any plan to address global warming that doesn't solve the issue once and for all? We don't expect any other sort of legislation to solve problems 75 years into the future. Why should we expect Social Security legislation to do so? 

     Listening to people like Alicia Munnell would make any legislation impossible. Don't make the perfect the enemy of the good.

Mar 23, 2021

Dismissals Resumed

     From the White Mountain Independent, of all places:

The Social Security Administration has lifted lifted the temporary suspension of issuing dismissals for untimely filed hearing requests and for failure to appear at a scheduled hearing.

That temporary suspension was implemented in October. Effective March 8, absent a showing of good cause, they will resume issuing dismissals in cases involving an untimely filed hearing request, or when neither the claimant nor the appointed representative, if any, appeared at a scheduled hearing.

Before issuing a dismissal, however, they will take additional steps to confirm that they are complying with established notice procedures including conducting quality reviews for these specific dismissals.

If they mail a notice of hearing at least 75 days before the date set for the hearing, but do not receive the acknowledgement form at least 30 days before the hearing, they will attempt to contact the claimant or appointed representative for an explanation.

Similarly, if they mail an amended notice of hearing or notice of supplemental hearing at least 20 days before the hearing date, but do not receive the acknowledgement form at least 10 days before the hearing, they will attempt to contact the claimant or appointed representative for an explanation. ...

For more information, contact Jack Burns, public affairs at Social Security Administration, 866-331-4359.


Mar 22, 2021

When Will Social Security Offices Start Reopening For Vaccinated Employees?


      I know that it's way too early for Social Security to require its employees to return to the office. If current predictions are accurate it won't be until about late June before all Social Security employees will have had a reasonable chance to be fully vaccinated. However, even now a not insignificant number of Social Security employees are fully vaccinated. By the end of April, the number fully vaccinated should be quite significant. Can Social Security employees who have been fully vaccinated return to their offices now? If not yet, when? Should this be delayed until everyone who wants the vaccine has been vaccinated? I think that by now, Social Security should have a plan. I suppose they need to talk about it with the union but it's about time to announce something.

E-Fax Capability Now At SSA

      From Emergency Message EM-21023: 

Any SSA employee that has access to Microsoft Outlook has the ability to send and receive faxes electronically via their Outlook email client. Sending an outbound fax by email is similar to sending a normal email. The only difference is that the fax will go to the recipient’s fax machine instead of an email address. ...    

This enables SSA employees to fax digital files easily from their email client instead of using a fax machine/multifunction device. In addition, incoming faxes can be delivered to a shared mailbox as a PDF file, enabling users to receive faxes by email. ...


Mar 21, 2021

More On The Efforts To Oust Saul

      From Yahoo News:

... According to two inspector general complaints filed in January of this year and reviewed by Yahoo News, an administrative law judge claimed that Saul, Black and their deputies put “illegitimate political pressure on Administrative Law Judges to reduce the rate of Social Security disability case approval.”

The whistleblower said the complaints were initially acknowledged by the inspector general, but they have yet to receive any further communication.

The SSA Office of the Inspector General did not immediately return a request for comment. ...

The complaints detail an example of Saul and Black's behavior by recalling a meeting in February 2020. Brian Blase, then special assistant for health to the Trump White House’s National Economic Council, met with management in the SSA’s Office of Hearings Operations to demand that the agency fire administrative law judges with high rates of disability claim approval. ...

According to [Alex] Lawson [of Social Security Works] and other sources familiar with conversations within the SSA, Biden’s four-person transition advisory committee attempted to put backstops within the agency to limit Saul and Black by installing union-friendly Democratic staffers. Scott Frey of the AFL-CIO joined as Saul’s chief of staff, and Kilolo Kijakazi of the Urban Institute replaced Trump administration-era deputy Mark Warshawsky as the deputy commissioner of the Office of Retirement and Disability Policy. ...

[Chairman of the Senate Finance Committee, Senator Sherrod] Brown said he has not yet personally asked Biden to fire Saul and Black, but his subcommittee staff is in regular communication with White House staff on the situation. Brown suggested that both he and Biden would prefer it if the two officials stepped down rather than having to be fired. He noted the lengthy legal fight either could take against the White House. ..

     Brian Blase certainly has a history of hostility to Social Security disability claimants. 

     By the way, while Saul might be able to fight being ousted, Black’s position has no such protection. I have no idea why he’s still there.


Mar 20, 2021

Disability Claim Of Man In Hospice Care Denied On Grounds He Has No "Severe Impairment"

    From some television station in Florida or Georgia that wishes to be known as Firstcoast News:

Before his illness, Aaron Conner was relatively healthy and enjoying life and working as a hair stylist. Now, at age 34, he is at the opposite end of the life cycle.

"I am in the process of writing down my final wishes," Conner said.

In November, he entered hospice for a terminal illness; he is battling congestive heart failure, liver failure and other diseases. ...

Before it got to where it is today, Conner said he applied for Social Security Disability Insurance. He was denied and appealed, and on March 1, his appeal was denied.

Hospice counselors and health care providers all petitioned SSI but in vain. The agency already backlogged with claims stated in its denial, in part:

"...we have determined that your condition is not severe enough to keep you from working." ...

On Your Side reached out to the Social Security Administration office in Atlanta for answers.

Privacy laws restrict discussing the specifics of a case unless there is a written waiver from the client in hand or on file.

However, a spokesperson told On Your Side Social Security will reach out to Conner and provide assistance. ...