Mar 25, 2022

Social Security Is Back To The Position That There Are No Time Limits On Collecting Overpayments

      Social Security had been observing a 10 year time limit on collecting overpayments by recoupment from current benefit payments. That's over now. The agency has sent out instructions to its staff saying that once again there is no time limit on recouping overpayments. You can be retiring at age 67 and be told that you won't be paid now because you were overpaid when you were a child. This has happened before and will soon happen again, not in a few solated cases but as a matter of routine in many cases. Social Security has records of how much these alleged overpayments are but doesn't have records showing why these alleged overpayments happened or whether the claimant was ever given due process rights. The claimant is left with the daunting task of trying to get in touch with Social Security to explore what their rights are.

Mar 24, 2022

Online Protective Filing Tool Released

     From a recently released Emergency Message: 

A. Purpose
This emergency message (EM) provides policy guidance and processing instructions for handling protective filings established by the Online Protective Filing Online Protective Filing tool which was released into production on March 19, 2022.
 

B. Background
... The Online Protective Filing tool is a public-facing web tool to submit a request for an appointment to file for benefits and record a protective filing date for individuals who cannot contact us by phone or does not wish to utilize existing Online Services, such as the Internet Claim (iClaim) Application. The request can be submitted by an individual interested in benefits for themselves, or on behalf of certain other individuals. Upon submission, a protective filing date is established. The Online Protective Filing tool fills gaps in existing online methods for establishing a protective filing date for (or on behalf of) potential claimants of any age interested in receiving Supplemental Security Income (SSI).  

The Online Protective Filing tool is targeted to individuals interested in filing for SSI. The Online Protective Filing tool will:

    · Collect responses to preliminary screening questions,
    · Determine the applicable Title II and Title XVI claim types,
    · Establish Title II and Title XVI protective filing dates, and
    · Provide appropriate closeout language for both Titles (in certain situations).
 Once the appointment request is submitted, the Online Protective Filing request is sent to the Enhanced Leads and Appointment System (eLAS) to create a record for further action. If the individual does not complete all required fields to submit the Online Protective Filing inquiry, or the submission fails, no data is saved or sent to eLAS, and no protective filing date is established. ...

Mar 22, 2022

Priorities

      From David Weaver writing for The Hill:

Elites in America often marvel at the supposed ignorance of the American people, who, when surveyed, overestimate how much is spent on foreign aid. However, it is possible the public understands something the elites do not: Service from the government is often so bad that there must be something wrong with domestic spending.

Congressional appropriators recently provided more money for the country of Ukraine ($13.6 billion) than they did for administering Social Security ($13.3 billion).  ... Congress rapidly approved the president's request for Ukraine funding and even added an extra $3.6 billion.

Funding for the Social Security Administration (SSA), which runs the largest and most important program in the United States? That's different. Congressional appropriators decided to cut the President's FY 2022 request by about $1 billion, which will result in severe hardship for Americans, particularly Americans from low income and minority communities, who will now not be able to access benefits.

It's possible to laud assistance to Ukraine and still wonder what's wrong at home.

Since 2010, SSA's operational budget has fallen in real terms by 13 percent while the number of beneficiaries it serves has grown by 21 percent. 

The effects of underfunding an agency with a growing workload are not particularly surprising: large backlogs (one million Americans are currently waiting for a disability determination from SSA), a collapsing service infrastructure (SSA's phone systems are physically breaking down under the volume of calls), and furious members of the public who, in the most difficult times of their lives, cannot get help. ...

 

Mar 21, 2022

Something Coming?

     There have been rumors that an increase in the cap on fees that attorneys can charge for representing Social Security claimants is coming. That hasn’t happened yet but Social Security just saw fit to update its POMS manual section on increases in the fee cap. 

     I will say, though, that I look at these POMS updates generally and a lot of the time I wonder why they bothered with the update.

Mar 19, 2022

Senators Want Answers

    Three Senators have written Social Security's Acting Commissioner demanding answers about the agency's policies for long Covid disability claims. 

    However, so far, the real long Covid story at Social Security has been how few disability claims have been filed based upon long Covid.

Mar 18, 2022

Reopening Plans: Bringing Back Retirees, Union Negotiations


      From Federal News Network (emphasis added):

The Social Security Administration remains on track to bring most of its employees back into the office on March 30, and plans to increase in-person service to the public, including walk-in service to customers without an appointment, starting in early April.

SSA leadership, however, anticipates higher than normal wait times for customers seeking assistance for at least the first month of the agency opening its doors to walk-in traffic.

SSA is looking to hire back retired employees on a temporary basis to assist with crowds expected to line up at its field offices once they accept walk-in customers. ...

The agency plans to hire retirees to work in field offices for up to 30 days, but may extend assignments depending on office needs.

Temporary hires will be paid at a GS-11 base rate of $74,074 a year, plus locality pay based on their location.

SSA retirees accepted for this work will also receive a dual compensation waiver, which will allow agency retirees to continue to draw their full monthly annuity and a full salary with no reduction.

The agency is also offering to cover travel expenses, including lodging and per diem costs, as needed, for SSA retirees who need to work further from home. ...

Eligible retirees must have retired from a non-bargaining unit position and under optional retirement to be eligible for this temporary work. ...

These temporary hires will help field office management oversee reception area operation and lines of visitors waiting for in-person service. SSA said this assignment may include working outside or in adjacent spaces to help manage “overflow lines.” ...

Christie Saunders, the president of the National Treasury Employees Union Chapter 224, said SSA has agreed to its employees to telework up to five days a week, at least through the end of a six-month evaluation period.

NTEU Chapter 224 represents attorneys and paralegals that work for SSA’s Office of Hearing Operations. ...

The American Federation of Government Employees Council 220, however, describes negotiations with SSA leadership that have been more contentious and less productive. ...

AFGE Council 220 Executive Vice President Bill Price said the agency, so far in meetings with the union, has “refused to agree to implement any of our proposed ideas” for a safe return to the office. ...

Mar 17, 2022

Reopening Plans

From: ^Human Resources Internal Communications
Sent: Thursday, March 17, 2022 8:55 AM
Subject: A Safe Return to Official Duty Stations

To:  All SSA Employees

Subject:  A Safe Return to Official Duty Stations

Please carefully read the updated Medical Office COVID-19 Employee FAQs, which become effective upon reentry on March 30, 2022.  While you must review the complete FAQs, below are some of the most important policy changes.  

Masking and Physical Distancing (FAQ #7)

All employees, contractors, and visitors must mask while in SSA space.  Employees may use a mask of their choice, so long as it meets the agency mask guidelines.  Offices will have disposable surgical masks for the public, and employees may also use these masks.  Upon request, the agency will provide KN95 masks.  Fully vaccinated employees do not need to physically distance from each other while in SSA worksites, but employees who are not fully vaccinated and members of the public do need to maintain at least 6 feet physical distance in SSA worksites. 

Updated Signage - Daily Self-Screening (FAQ #10)

Employees who are diagnosed with COVID-19 or who are in close contact with someone diagnosed with COVID-19, must remain out of the office for 10 days.  The updated daily screening criteria and new signage will be posted at the entrances to SSA facilities.

Telework and Laptops (FAQ #14)                                                          

Employees approved for telework should take home their laptops each day to be prepared for possible quarantines, isolation, or failed self-screening.  Because we are sharing the agency safety protocols in advance, employees approved for telework will not be granted weather and safety leave (WSL) if they are unprepared to telework.  Under Federal leave regulations, agencies may grant WSL only to employees who are participating in a telework program if a safety condition preventing work at the official duty station could not reasonably be anticipated.  Employees are responsible for the proper care, use, and security (both equipment and data) of their laptop.  Please see the Annual Personnel Reminders, Section 1.4, Use of Government Property, Portable Computing Devices.

The COVID-19 Vaccination Status Portal remains open for you to continue to enter updates to your vaccination status.  We encourage all employees to receive booster shots and to include the booster shot record in the Vaccination Status Portal.  You can find more information about booster shots here.  The agency provides up to 4 hours of administrative leave for employees to receive a booster.

Your manager will be meeting with you soon, and you may direct any questions to your manager at that time.  Please be patient as this is new information for all of us, including your managers. 

Thank you for your commitment to our critical public service mission.

25 Months In Club Fed For Former Field Office Employee

     From a press release:

Sean Okrzesik, age 34, of Syracuse, was sentenced today to serve 25-months in federal prison on charges of aggravated identity theft and theft of Supplemental Security Income (SSI) benefits. ... Okrzesik’s conduct occurred while he was employed in the Syracuse District Office of the Social Security Administration (SSA). ...

Okrzesik admitted that from February of 2020 through February of 2021, he opened bank accounts using the names and Social Security numbers of various SSI beneficiaries or their representative payees.  Okrzesik also admitted that once these accounts had been created, he would divert SSI benefit payments intended for these beneficiaries into the accounts, which he then used to pay personal expenses including the purchase of video gaming equipment, a custom suit, jewelry, airline tickets to the Caribbean, and online gambling.  The total amount of SSI benefits stolen by Okrzesik was $103,798.77. ...