Guidance On Long Covid

      From Guidance on “Long COVID” as a Disability Under the ADA, Section 504, and Section 1557 issued jointly by the Office of Civil Rights at the Department of Health and Human Services and the Civil Rights Division at the Department of Justice (footnotes omitted):

Although many people with COVID-19 get better within weeks, some people continue to experience symptoms that can last months after first being infected, or may have new or recurring symptoms at a later time.1  This can happen to anyone who has had COVID-19, even if the initial illness was mild.  People with this condition are sometimes called “long-haulers.”  This condition is known as “long COVID.” ...

Long COVID is a physiological condition affecting one or more body systems.  For example, some people with long COVID experience:

• Lung damage
• Heart damage, including inflammation of the heart muscle
• Kidney damage
• Neurological damage
• Damage to the circulatory system resulting in poor blood flow
• Lingering emotional illness and other mental health conditions

Accordingly, long COVID is a physical or mental impairment under the ADA, Section 504, and Section 1557. ...

     I expect that Social Security will "consider" long COVID in determining disability. Decisions will say that long COVID  was "considered" but determined to have been a non-severe impairment.

No Additional Money For Social Security In Bipartisan Agreement On Emergency Supplemental

      The emergency supplemental appropriation bill pending in the Senate had included additional funding for the Social Security Administration. There is now a bipartisan agreement on the bill and it appears that additional money for Social Security didn't make the cut. Starving Social Security for operating funds appears to be a fundamental GOP goal.

Broadcast E-Mail To SSA Personnel

 From: ^Human Resources Internal Communications <Human.Resources.Internal.Communications@ssa.gov>

Sent: Wednesday, July 28, 2021 9:01 AM
Subject: New CDC Guidance and COVID-19 Workplace Reminders

TO:  All SSA Personnel

SUBJECT:  New CDC Guidance and COVID-19 Workplace Reminders

A Message to All SSA Personnel

While the Centers for Disease Control and Prevention (CDC) updated guidance on the Interim Public Health Recommendations for Fully Vaccinated People yesterday, all SSA personnel are reminded that we continue to follow the policies in our current Workplace Safety Plan (WSP), which include properly wearing a face mask and maintaining physical distance in all offices, along with adhering to self-screening criteria.  

SELF-SCREENING:  Prior to entering SSA facilities, everyone must self-screen.  If the answer to any of the screening questions is “yes,” you must not enter SSA facilities, regardless of vaccination status.  The self-screening questions are:

• Do you have any symptoms of COVID-19 including:
• Cough or sore throat;
• Fever (100.4 degrees or higher);
• Chills;
• Shortness of breath or difficulty breathing;
• Muscle pain or body aches;
• Headache;
• New loss of taste or smell; or
• Gastrointestinal symptoms like nausea, vomiting, or diarrhea.
• Within the last 14 days, have you:
• Been diagnosed with COVID-19;
• Received instructions from a public health authority (local health authority, medical professional, etc.) to self-monitor for symptoms or self-quarantine;
• Traveled outside the country, including on a cruise ship; or
• To your knowledge, been in close physical contact (within 6 feet) with a person who was diagnosed with COVID-19 within 14 days of your contact with them.

FACE MASKS AND PHYSICAL DISTANCING:  Everyone must wear face masks covering the nose and mouth at all times in SSA facilities and avoid close contact with other people.  Close contact is defined by the CDC as being within 6 feet of another person for a total of 15 minutes or more during a 24-hour period.  Everyone must physical distance at least 6 feet while in SSA facilities.

TESTING:  Free COVID-19 testing is available from many local pharmacies.  The CDC recommends that anyone with symptoms of COVID-19 or who has had a close contact with someone who tested positive for COVID-19 get tested (refer to screening questions above), regardless of vaccination status.  Remember to stay away from other people pending a test result and consult with your healthcare provider. 

VACCINATION:  According to the CDC, vaccines for COVID-19 are safe and effective at preventing COVID-19, including severe illness and death.  We encourage all eligible employees to become vaccinated as soon as possible.  The agency continues to offer up to 4 hours of administrative leave for vaccination and up to 2 days of administrative leave for any adverse reactions to vaccination.  To find a COVID-19 vaccine near you:  Search vaccines.gov, text your Zip Code to 438829, or call 1-800-232-0233.

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. ...