Merry Christmas!

 

Merry Christmas!

 

This Is An Area That Needs Reform

      From the Philadelphia Inquirer:

... Philadelphia’s Department of Human Services ... took in nearly $5 million in children’s Social Security benefits between fiscal years 2016 and 2020 that belonged to hundreds of youth in foster care, according to records obtained by Resolve Philly and The Inquirer through a Right to Know request. Then DHS swept the money into the city’s $5 billion general fund. 

Around the country, the practice of DHS agencies taking Social Security benefits from kids to pay for their own foster care is under increasing scrutiny. In Maryland, a 2013 appeals court decision held that agencies violated foster children’s due-process rights when they took their benefits without informing them or their legal representatives. Maryland later enacted a law that mandates, among other things, that foster youth, or their lawyer, receive notice, allowing them an opportunity to claim the money. The law also calls for increasing amounts of their Social Security money to be set aside for them as they approach 18 years old. ...

In response to more than a dozen written questions about its practices, DHS sent a brief response that didn’t address most of the matters asked:

 “When SSA appoints DHS as the representative payee, the funding is spent on youth’s daily care, such as food, clothing, and shelter. Philadelphia collects benefits as allowed by law and is open to improving its practice as it relates to this issue. To confirm, it is lawful for DHS to collect survivor’s benefits.” ...

Philadelphia DHS said it has no process in place to provide notice to youth whose money is being collected. ...

     Could Social Security reform this with regulations? I don't know but if they can, they should.

Fewer Claims But Higher Backlogs At DDS

      From the conclusions of Comparing the Social Security Administration’s Disability Determination Services’ Workload Statistics During the COVID-19 Pandemic to Prior Years, a report by Social Security's Office of Inspector General:

Although the DDSs [Disability Determination Services] experienced some increases/decreases in their workload categories from year to year for the period April 2016 through March 2021, the largest year-to-year changes occurred from the COVID-19 period of April 2020 to March 2021 compared to the prior-year period (April 2019 to March 2020). DDSs received 15.9 percent fewer initial claims during the COVID-19 period compared to the prior-year period. Additionally, SSA sent 40.2 percent fewer CDRs [Continuing Disability Reviews] to the DDS during the COVID-19 period compared to the prior-year period. 

Despite the decrease in initial claims, DDS processing times increased during the COVID-19 period, which indicates claimants waited longer for DDSs to make medical determinations. Furthermore, even though receipts decreased for initial claims, reconsiderations, and CDRs, the pending workloads for these groups increased—which indicates the DDSs could not keep pace with workloads received. 

Finally, we noted that DDSs significantly decreased the use of consultative examinations; however, allowance/continuance rates remained relatively the same when comparing the COVID-19 period to the prior-year period. ...

New Process For 1696s And Fee Agreements

      Social Security requires documentation (primarily a 1696 form and fee agreement) in order to accept that a claimant is represented by an attorney or other person. Even though a case might be pending at a hearing office, these documents had to be submitted to the field office. There have been very serious problem processing this documentation at the field offices due to inadequate staffing. Processing the forms has also been delayed because the process for inputting data has been more complicated for agency employees than it should be. It has often been treated as a low priority matter meaning weeks, if not months, of delay. This leads to many telephone calls and letters from attorneys. Attorneys often resubmit the paperwork which causes unnecessary work at the field offices. The attitude of the field offices seems to be "Quit bugging us. We'll get to it when we get to it." The attitude of the attorneys is "We can't represent our clients at all until you take care of this. It can't wait for weeks or months." 

     Effective on December 13, this process has been changed to some extent. Now the documentation may be submitted directly to the hearing office if the claimant's case is pending there. This cuts down on the work at the field offices. Also, I understand that the process for inputting data into Social Security's systems has been simplified. That should also cut down on the workload at the field offices.

     Let's hope for some improvement in performance.

Social Security Directed To Stop Requiring So Many Wet Signatures

      From an Executive Order signed by President Biden on December 13:

... (k)  The Commissioner of Social Security shall:
            (i) within 120 days of the date of this order, provide a report to the Director of OMB [Office of Management and Budget] that analyzes all services of the Social Security Administration that currently require original or physical documentation or in-person appearance as an element of identity or evidence authentication, and that identifies potential opportunities for policy reforms that can support modernized customer experiences while ensuring original or physical documentation requirements remain where there is a statutory or strong policy rationale;
            (ii) develop a mobile-accessible, online process so that any individual applying for or receiving services from the Social Security Administration can upload forms, documentation, evidence, or correspondence associated with their transaction without the need for service-specific tools or traveling to a field office;
            (iii) consistent with applicable law and to the extent practicable, maintain a public policy of technology neutrality with respect to acceptable forms of electronic signatures;
           (iv) consistent with applicable law and to the extent practicable, revise any necessary regulations, forms, instructions, or other sources of guidance (to include the Program Operations Manual System of the Social Security Administration) to remove requirements that members of the public provide physical signatures; and
            (v) to the maximum extent permitted by law, support applicants and beneficiaries to identify other benefits for which they may be eligible and integrate Social Security Administration data and processes with those of other Federal and State entities whenever possible. ...

     Should anything at Social Security really require a wet signature? I'd say "no."

Two New Tasks For Social Security?

     The Senate Finance Committee has released an updated version of its portion of the Build Back Better Act, the huge budget reconciliation bill that has already passed the House of Representatives. It contains two parts that affect the Social Security Administration. At the very beginning of the 1,180 document is a four week comprehensive paid leave benefit to be administered by Social Security and at the very end of the bill is extension of SSI to U.S. territories. As best one can tell, extension of SSI to the territories is uncontroversial, at least among Democrats, while paid leave is very controversial with one Democrat, Senator Joe Manchin. His possible opposition is crucial since it will take every Democrat in the Senate voting for the bill to pass it.

     The comprehensive paid leave part of the bill would appropriate to Social Security at addition $1.5 billion in the current fiscal year and $1.59 billion a year thereafter for administration of the benefit. §2206(b). There would be an additional half a billion for FY 2024, the year in which comprehensive paid leave would start. §2206(c). By the way, there's no additional money appropriated in the bill for the extension of SSI to the territories.

     No doubt Social Security will find administration of comprehensive paid leave challenging, if it passes. The thing about this is that if this passes getting it going will become a huge priority for the Biden Administration. The Social Security Administration's current backlogs cannot be allowed to persist or it will be impossible to implement comprehensive paid leave. If it is to get this additional workload, the agency's field offices, payment centers and teleservice centers must be massively buttressed with additional staff and this can't wait until the last minute. This can't be accomplished just with overtime. The agency will need to completely clear off its current backlogs and fully train its staff. If this passes in its current form the money may be there to do that. If this bill doesn't appropriate enough, the Biden Administration will be highly motivated to find additional money. I don't know how this sounds to Social Security employees but to someone like me who's on the receiving end of the agency's services, it sounds great.

Federal Student Loan Discharge Changes Coming

      From Forbes:

The Biden administration took a big step this week towards making significant changes to a key federal student loan forgiveness program that provides relief for disabled student loan borrowers.

The Total and Permanent Disability (TPD) discharge program provides student loan forgiveness to federal loan borrowers who are unable to maintain substantial, gainful employment due to a physical or psychological medical impairment. …

The Education Department is moving forward to implement significant changes to the TPD Discharge program through a process called negotiated rulemaking — a lengthy, formalized procedure where a committee of key stakeholders must hold public meetings and reach consensus to overhaul the rules that govern federal student loan programs.

Yesterday, the negotiated rulemaking committee reached an agreement on implementing several big changes to the TPD discharge program:  …

• Expand Eligibility For Recipients of Social Security. For borrowers receiving Social Security disability benefits, the new rules would eliminate the requirement that a borrower’s disability review period be at least five to seven years. Instead, borrowers who have been receiving Social Security disability benefits for at least five years prior to applying for TPD relief, or have a disability onset date at least five years before applying, would be eligible. This would effectively expand the pool of eligibility for disabled borrowers and make it easier for borrowers to show that they qualify for relief.

     Far more disabled people have federal student loans outstanding than you might imagine. This is a big deal for them.