Oral Argument At SCOTUS On Social Security Case

      From SCOTUSblog:

Wednesday’s argument in Babcock v Kijakazi displayed a bench still uncertain about how to resolve a problem about the Social Security benefits available to a small group of National Guard workers.

The case involves a special rule that protects certain members of the “uniformed services” from a rule that limits Social Security benefits for people with irregular work histories over the course of their lifetime. … The case involves a group of about 50,000 people still living who worked before 1984 as a “dual-status military technician.” Although paid as civilians, those technicians provide a variety of services involving the National Guard and are obligated to maintain membership with an appropriate rank in the National Guard and to wear the corresponding uniform while on duty. At bottom, the question is whether the pay they receive for that work is “wholly” based on service “as” a member of a uniformed service, even though much of it is civilian rather than military work.

None of the justices seemed to approach the case with certainty. Two main threads of analysis dominated the argument. For Chief Justice John Roberts, it seemed obvious that some of the pay was for the serviceman’s work “as” a member of the National Guard, but much of it was for the various civilian duties of his technician status. …

Justice Elena Kagan – the only justice who seemed to state a settled view during the argument – seconded Roberts’ perspective, commenting “that we can sort of make this simpler” by following his lead, “and this is the way I read the language too.”

Conversely, Justice Neil Gorsuch found most relevant the statutory requirement that dual technicians must be members of the National Guard. In a colloquy with Nicole Reaves (appearing on behalf of the government), Gorsuch commented that “the work may be civilian for a bunch of other purposes, but it can only be performed by someone who is serving in the capacity of a National Guardsman.” …

Problems At OIG

Gail Ennis

     From Government Executive:

A group representing employees of the Social Security Administration’s office of inspector general is calling on lawmakers and President Biden to take action against the watchdog office’s leadership, saying the leaders have lost the confidence of their employees. 

The Federal Law Enforcement Officers Association’s promise to take its complaints directly to Capitol Hill and the White House follows a vote in which 98% of responding employees represented by the professional association said they no longer had faith in SSA Inspector General Gail Ennis. The inspector general has ignored employee complaints and defied efforts to engage with workers, the group said in a recent letter to Ennis. The association represents 90% of the IG’s agents. 

Employee satisfaction has declined since Ennis took office in early 2019 and took a significant hit this summer when the IG told employees the agency had begun conducting surveys of employee computer logs and telephone records to ensure its largely remote workforce was engaging in work activities at the proper times. Ennis said the agency was weighing disciplinary actions for those employees who were allegedly slacking off during their telework hours. 

After the law enforcement association raised concerns about those practices and other managerial decisions, asking Ennis to meet with labor representatives to discuss concerns, the IG responded directly to the workforce with a letter rejecting the group’s concerns. 

FLEOA suggested the total number of OIG special agents—plain-clothed federal law enforcement personnel who conduct investigations—has dropped by 37% in the last 18 months, though Ennis said the overall office of investigations was down just 7% since the pandemic began. She also vowed to oversee a workforce increase in the coming months as the agency fills vacancies.  ...

The IG’s office was ranked 382 out of 411 agency subcomponents on the Partnership for Public Service’s most recent best places to work rankings, which is compiled from the government’s annual Federal Employees Viewpoint Survey data. The office’s engagement score has fallen by 22% in the last two years.

5.9% COLA

      The Cost Of Living Adjustment (COLA) for Social Security benefits effective next year is 5.9%, slightly lower than had been anticipated, but still the highest in many years.

Supreme Court Hearing Social Security Case Today

      From Scotusblog:

Wednesday’s argument in Babcock v Kijakazi will take the justices deep into the intersection of the Social Security Act and a host of statutes defining the obligations and compensation of National Guard workers. This will definitely not be the most closely watched case of the month — but the court’s resolution of the arcane question in the case may determine how much money certain veterans can receive in retirement benefits.

At the highest level of generality, the case involves an exception from a “windfall elimination provision” of the Social Security Act. To understand the issues before the justices, it is enough to know that Congress has adopted a statute designed to eliminate what it regards as “windfalls” that some workers would receive – unjustly large Social Security awards that would flow to workers who spent a substantial share of their working years in jobs not covered by Social Security. The exception to the windfall-elimination provision describes some payments to which that provision doesn’t apply – employees for whom Congress would tolerate what it generally would regard as a windfall. Specifically, the exception protects any “payment based wholly on service as a member of a uniformed service,” a defined term that includes among other things the Army National Guard of the United States. To put that another way, the “uniformed-services exception” at issue here allows members of uniformed services a windfall Social Security payment that is barred for members of the general public.

The question before the court is whether the benevolence of that uniformed-services exception reaches dual-status military technicians who serve in the National Guard. Those technicians provide a variety of services involving the equipment and supplies of the National Guard. Although they are paid as civilian employees, they routinely wear military uniforms and are obligated to maintain membership with an appropriate rank in the state National Guard where they are located, which carries with it (by law) membership in the Army National Guard of the United States. …

How Social Security Screws Parents

 

    From Stephanie Murray writing for The Atlantic about her family’s experience:

… America’s retirement system is stacked against mothers. Women are more likely than men to reduce their hours or drop out of the workforce to raise children and, as a result, are likelier to face poverty in old age. America’s primary safety net for the elderly—Social Security—rewards long careers and high pay, all but guaranteeing that parents who focus on the work of child-rearing receive the smallest payouts. …

What Are The Numbers On The Back Of My Social Security Card?

      Greg Heilman writes about the myths and urban legends surrounding Social Security numbers. 

     I don’t know about numbers on the backs of Social Security cards. The only number on the back of my Social Security card is the form number — but I still have the original card I received at age 16 many years ago. Things have surely changed.

Three Months Since Saul Fired

      It’s been three months since President Biden fired Andrew Saul from his position as Commissioner of Social Security. I know there’s a lot on the plates of the President and Congress but I hope it won’t be too much longer until someone is nominated for the Commissioner position. There’s only so much that an Acting Commissioner can or will do.

Conn Clients Remain In Limbo

      From the Associated Press:

As disbarred lawyer Eric Conn sits in a federal prison, hundreds of people in one of America’s poorest regions remain mired in the legal mess he caused by running a $600 million fraud, the largest Social Security scam in U.S. history. 

Many of Conn’s former clients in eastern Kentucky’s Appalachian mountains, who counted on him for help getting their disability benefits, could again lose their monthly support. 

About 1,700 people already went through hearings to prove their disabilities after his fraud was exposed about six years ago, and roughly half lost their benefits as a result. Some 230 of these recipients managed to get their benefits restored years later by court orders, only to learn they may have to prove it all over again. 

That’s the situation confronting Mary Sexton, who suffers from scoliosis and has had two brain surgeries, plus spinal surgery to fuse vertebrae in her neck. Her maladies have left her with a limp and other chronic symptoms including headaches, kidney problems and an inability to concentrate that forced her to quit college. 

A court order restored her $1,100-a-month disability benefit in November. But two months later, she received a letter from the Social Security Administration telling her she would have to appear before an administrative judge to prove she is legally entitled to them. ... 

In a statement to The Associated Press, the Social Security Administration said it is bound by law to “conduct redeterminations of entitlement when there is a reason to believe fraud or similar fault was involved in a person’s benefit application.” The statement said Conn’s fraud, exposed by two agency employees in a whistleblower suit, is “well-documented.” ... 

In a letter to the acting commissioner of the Social Security Administration, Rep. Hal Rogers said the agency has spent millions to deny relatively small sums to unwitting victims of a con job. “These individuals are the victims of fraud, not the perpetrators, and it’s time for their uncertainty and anxiety to end,” the Kentucky Republican wrote, arguing for a process that would keep them out of court.