Payment Centers Are A Mess

      Here's a note recorded by a legal assistant in my firm's database: "TC [Telephone Call] Mid Atlantic PSC [Program Service Center] (816) 936-3910 and he said they have it [a fee petition] but they're taking about a year to process fee petitions and we are about half way."

     How can law firms be expected to represent Social Security claimants in this sort of environment? And we're paying a user fee for this sort of service!

     It's not just attorney fees that are a problem. All sorts of things are a problem for the payment centers. It's obvious that they "fast track" the simplest work and almost nothing else is getting done. However, even the "fast tracked" work is slow.

     I'm not blaming the people. They're just overwhelmed.

Reopening Plans At Two Other Agencies

      From a Federal News Network piece on agency reopening plans:

... The Agriculture Department is eyeing an Oct. 1 reentry date for some — but not all — of its employees. ...

At the Labor Department, offices will reopen on a phased basis    , starting with 50% of the workforce no earlier than Sept. 7 ...

Proposed Rules On Frequency Of CDRs Being Withdrawn

      Tomorrow's Federal Register will include a notice from the Social Security Administration that it is withdrawing a Notice of Proposed Rulemaking posted while Andrew Saul was Commissioner that would have made continuing disability reviews more frequent for some recipients of disability benefits.

This Would Help

     There's an emergency appropriations bill pending in the Senate mostly designed to cover the costs of the January 6 insurrection. However, there's $150 million tucked away in the bill (page 20) for Social Security which has been buffeted by many things in the last year but not so much by the insurrection. There is not a similar special appropriation for Social Security in the version of this bill passed by the House of Representatives.

Some SSI Reform May Come In Reconciliation Bill

      From Time:

... Democrats have another, less well-known plan to improve an element of the country’s social safety net that supports the neediest Americans: boosting Supplemental Security Income (SSI) benefits. ...

[Senator Sherrod] Brown and other powerful Democrats in Congress, along with disability and aging advocates, want to increase SSI benefits as part of their $3.5 trillion budget reconciliation package, which they can pass along party lines over Republican opposition. ...

Brown’s plan would cost $46 billion next year, according to an estimate from the Social Security Chief Actuary, but he believes the pandemic has changed the conversation about the role of government in Americans’ lives and opened the door to many long held Democratic priorities. ...

But SSI reforms are unlikely to be included in a bipartisan package because of cost concerns ...

Brown says he has been talking to Senate Majority Leader Chuck Schumer and other negotiators about ways to make the SSI changes work and says he is “optimistic” that at least some can be included in the reconciliation bill. ...

SSAB Roundtable On Medical Evidence Collection

     From the Social Security Advisory Board (SSAB):

On Thursday afternoon, July 29, from 12:45 to 4 pm EDT, the Board will bring together state Disability Determination Services managers and staff, a claimant attorney, and former Social Security executives for a roundtable on the agency’s medical evidence collection.

Register Here

The roundtable will cover an introduction to the evidence collection process and state approaches to collecting evidence.

Participants:

• Bob Emrich, Senior Technical Consultant SSA Portfolio, Peraton; former Director, Federal DDS, SSA (retired)
• Marjorie Garcia, President, National Association of Disability Examiners (NADE); Disability Analyst, Oregon DDS
• Paul Kreger, Medical Professional Relations Officer, Iowa DDS
• Jennifer Nottingham, Legislative Director, NADE; Operations Manager, Nevada DDS
• Marjorie Portnoy, Managing Partner, Portnoy Disability Practice in Radnor, Pennsylvania
• Teresa Sizemore-Hernandez, Professional Relations Team Leader, Virginia DDS
• Melissa Spencer, former Deputy Associate Commissioner, Office of Disability Policy, SSA (retired)
• Sara Winn, Immediate Past President, NADE; Program Specialist, Louisiana DDS

The Reopening Controversy

      From the Washington Post:

... Hundreds of agencies submitted their return-to-office plans to the White House budget office to meet last Monday’s deadline, laying out how they would begin to phase out remote work for hundreds of thousands of employees after Labor Day, with a full return to federal offices planned by the end of the year. ...

But with the more contagious delta variant surging and sending tens of thousands of unvaccinated people to hospitals across the nation, trepidation over the reentry plans has risen among some Biden administration officials ...

The Social Security Administration, the focus of increasing pressure from Republicans on Capitol Hill to reopen, has not submitted its reentry plans to the White House budget office. ...

The White House is under intense pressure from disparate sides of the debate over reopening. Unions that represent the majority of the federal bureaucracy of 2.1 million workers — and are a key Democratic constituency — are reluctant to cede full control of workplace decisions to the administration, although they have not disagreed publicly.

Advocates for the disabled, meantime, have pushed for reopening some of the nation’s 1,240 Social Security field offices. Applications for disability benefits have plummeted during the pandemic, as low-income Americans without access to the Internet have been prevented from seeking benefits.

And the administration has been hammered for months by Republican lawmakers over the slow pace of returning federal employees to the workplace. Republicans have charged that closed offices and remote work, particularly at the Social Security Administration and the Internal Revenue Service, have led to diminished services for the public. ...

On a conference call Tuesday, the agency’s union leaders concurred that the administration’s push to reopen, particularly the field offices around the country that provide vital face-to-face service to low-income applicants for disability benefits, “is happening a little prematurely,” ...

     Covid is now an endemic disease. It's not going away ever. The toll it takes can be dramatically reduced by vaccination but we can no more eliminate all Covid risk now or in the future than we can completely eliminate all risk from influenza. It's unlikely that we'll ever find a way to be any safer from Covid at any time in the future than we are now. The risk from Covid, including all variants, is minimal if you're fully vaccinated and we're never going to be able to remove that minimal risk.

     Anyone who claims that Social Security is getting its work done now is either a fool or a liar. The agency is having massive problems. Certainly, the biggest cause is a lack of adequate staff. There would be major problems even if Covid-19 had never happened. However, it's going to be impossible to convince me or anyone else who deals with the agency that employees are just as productive working from home every day. There's just been too much deterioration in service since last March. And, of course, there's some things that can't be done from home, like meeting claimants in person. However, quaint that may seem to some, there's a huge demand for that sort of service.

     Many Social Security employees find working from home every day to be quite satisfactory. Their unions are hyping the risks of the the delta variant to the hilt to try to stave off the day when those employees are forced to return to the office. However, let's be honest, how many of those employees are really cowering in their homes in terror of Covid-19? In the world where I live, it's hard to get a restaurant reservation on the weekend. People are attending concerts and ball games in large numbers. Families and friends are gathering for social occasions. My guess is that the vast majority of Social Security employees are out and about doing these things and more, just like their neighbors. If they can do that, they can come into work.

     If you think that delaying reopening is a good idea, what's your end game? What do you think is going to happen to make it safer in the future than it is today? If your position is that we should never reopen the offices to the public, do you honestly think the public will tolerate Social Security field offices closing for good?

     The unions will never be happy with it but the field offices will reopen to the public at some point in the future and I can guarantee that they won't be any safer then than they would be now. Let's get on with it. The American public needs and deserves it. 

Temporary Change To MS Listings

      From a temporary final rule that Social Security is publishing in the Federal Register tomorrow:

Since the outset of the COVID-19 national public health emergency, many individuals have experienced barriers that prevent them from timely accessing healthcare. In response to those barriers, we are issuing this rule to temporarily revise our requirement in the Listing of Impairments (listings) that, for purposes of applying several of our musculoskeletal disorder listings, all relevant medical criteria be present simultaneously or “within a close proximity of time,” which we define as being “within a consecutive 4-month period.” While this rule is in effect, we will find that the evidence of a musculoskeletal disorder is present “within a close proximity of time” if the available evidence establishes such a condition within a consecutive 12-month period. We expect that this temporary change to our rules will allow us to make findings of disability in appropriate cases in which individuals have experienced barriers to access to healthcare because of the COVID-19 national public health emergency.