Answers Hard To Come By For Those Formerly In Foster Care

    From NPR:

It's been almost 45 years since Kathy Stolz-Silvis was in foster care in Pennsylvania. Stolz-Silvis was nine when her father died, making her and her siblings eligible for Social Security survivor benefits. But she didn't become aware of those benefits until decades later — after reading an investigation published by The Marshall Project and NPR. ...

"Out of curiosity, I called them to find out what happened to my benefits when I was in foster care," Stolz-Silvis said. "The person on the other end of the line told me they were not allowed to give me that information." ...

In recent months, The Marshall Project and NPR have heard from dozens of former foster youth who described similar failed efforts to learn whether a state or local agency had applied to become their "representative payee," allowing the agency to receive their federal benefits, a process permitted by federal regulations. ...

In an email, Darren Lutz, a spokesperson for the Social Security Administration, said that for those inquiring about past benefits: "We maintain records on the benefits we have paid and can answer their questions." The agency has "provided guidance and training to our employees on our rules and requirements for selecting representative payees, notifying the proper parties, and monitoring the performance of foster care agencies that serve as the representative payee for a child in foster care."

For current foster youth, Administration for Children and Families spokesperson Pat Fisher confirmed that both the agency and the Social Security Administration are developing joint guidance to state agencies about how to handle these cases, though there is no timeline for releasing it. ...

It Just Took 30 Minutes After A Reporter Contacted SSA To Get This Widow's Problem Solved

     From WSET:

... Dolores Roake's husband passed away on Jan. 1, 2002 [2022?]. It's been nearly five months, and she still does not have her widow's social security fund in her pocket. ...

Roakes reached out on Jan. 10 to let social security know about the changes. Roakes had a phone call appointment on February 14, where they told her to file her paperwork at the local office.

She filed her paperwork at the local office on March 1.

"I kept waiting and waiting to hear something. Never did. Never got anything in the mail."

That's when she started to call the social security office. On April 26, she finally got ahold of someone.

"She said she would push it through and she would process it that day, and I'd get something in five days. Well, I never heard anything. I would go online to try to check this progress, but no results," Roakes said. 

That's when she reached out to ABC13 for help.

ABC13 emailed the Social Security Administration, asking about Roakes' benefits.

Only half an hour after ABC13 reached out, Roakes got some answers.

"After you sent the email, I got a phone call. She finally found where everything was processed on Friday. She just apologized, and that was about it," Roakes said. ...

Covid Is No Mirage

    From David Weaver, writing for The Hill:

The Social Security Administration (SSA) just released beneficiary death information for 2021. Together with the data for 2020, it is clear the COVID-19 pandemic has had a devastating effect on the beneficiary population — and it is well past time for the federal government to take additional steps to protect individuals served by SSA’s programs.

SSA recorded nearly 5.6 million beneficiary deaths in the 2020-2021 period, an increase of about 840,000 over the number recorded for the 2018–2019 period. This represents about a 17.7 percent increase in deaths from one two-year period to the next. ...

Based on SSA data on deaths and number of beneficiaries, the average annual death rate in the two years before COVID-19 was 37.7 deaths per 1,000 beneficiaries. The corresponding rate for the 2020-2021 period was 43.2 deaths per 1,000 beneficiaries, representing a 14.4 percent increase in the death rate. ...

Inconsistencies In Handling Of Critical Cases

     From SSA Expedited Most Critical Cases at Hearings Level but Lacks Consistent Policy Implementation, a report by the Government Accountability Office (GAO):

The Social Security Administration (SSA) flags a disability appeals case as critical after determining that the claimant’s health or financial condition, such as having a terminal illness or dire financial need, meets criteria in SSA’s policy manual. Cases can be flagged as critical before reaching a hearing office or during nearly any stage of the hearing process. SSA policy directs staff to expedite the case once it is flagged as critical. However, staff GAO interviewed from three of the five selected offices said that claimants must provide documentation of their dire financial need, even though SSA policy does not require it. 

Hearing offices consistently processed critical cases faster than non-critical cases between fiscal years 2010 and 2020, but wait times varied depending on when the case was first flagged. Cases that arrived at a hearing office with a flag took a median 201 days to reach a hearing decision; those first flagged while they were at a hearing office took a median 351 days. This difference exists because hearing offices quickly begin work on flagged cases. In contrast, non-critical cases took a median 469 days (see figure). GAO found that, across the stages of the hearings process, critical cases flagged after reaching a hearing office spent the largest portion of the wait time in the stage before being assigned to a case worker. Once flagged during this waiting period, hearing office staff assigned most cases to a case worker within a week. ...

    I wish they'd also look at expediting below the request for hearing level. Where appropriate, I help clients file critical case requests regardless of level. There's supposed to be expediting at the initial and reconsideration levels but I see little sign that it's happening. Backlogs at the initial and reconsideration levels are far worse than at the hearing level at least where I'm practicing.

    Also, it would help if the agency came up with its own form for requesting critical case status. My impression is that Social Security employees are often unsure of what to do with a request that doesn't arrive on an official Social Security form.

Covid And The Musculoskeletal Listings

     The Department of Health and Human Services (DHHS) has once again extended the declaration of public health emergency due to Covid-19. The earliest this could be ended is October 13, 2022.

    So, how is this Social Security News? The Musculoskeletal Listings, an important part of disability determination at Social Security, contain a provision (1.00.C.7.a.) making it slightly less difficult to be determined disabled during the declared public health emergency. The Listings are still harsh. This just makes them slightly less harsh.

    In my opinion, we should never go back to the pre-Covid standard.

A System That Trips Up 82% Of Those Who Attempt To Navigate It Is A Failed System

    From Work Overpayments Among New Social Security Disability Insurance Beneficiaries, a just released study by Denise Hoffman, Monica Farid, Serge Lukashanets, Michael T. Anderson, and John T. Jones:

This paper studies the experiences of the 2008 cohort of first-time Social Security Disability Insurance beneficiaries who were at risk of overpayment because they engaged in substantial gainful activity (SGA) after completing the trial work period and grace period (work incentives allowing beneficiaries to test work). ...

The paper found the following:

• Among a sample of 31,520 2008 first-time Social Security Disability Insurance awardees at risk of a work-related overpayment, 82 percent (25,846) were overpaid in the first 10 years after award.
• Among those overpaid within 10 years of award, half of all overpayments began in the first four years after award.
• Nearly all overpayments (89 percent) began in the first month of SGA after exhausting trial work period and grace period months. ...

Social Security Claimants Need To Ask For Help From Their Members Of Congress

    From David Weaver writing for The Hill:

While it is not uncommon for someone upset about a law to be told “You should call Congress,” the reality is that Congress is supposed to do more than just legislate. Early in American history, some of the most important work Congress performed was constituent service. For example, members of Congress often needed to help Revolutionary War veterans secure pensions promised by the government.

It’s the same today.

Constituent service is as important as ever in part because federal agencies are struggling to serve the public effectively. This can be seen in recent press reports that elderly and disabled people have had to wait in long lines in the hot sun of Florida, New Mexico, and Texas just to get service from understaffed local Social Security offices. ...

Why is this happening? Because appropriators in the current Congress cut nearly $1 billion from President Biden’s customer service budget for the Social Security Administration (SSA).

Congress fully expects that the complaining public will gripe to SSA, not to Congress. ...

Given that Congress is the root cause of the problem, it’s reasonable to think it should be part of the solution.

Providing greater levels of constituent service is one way Congress can help. ...

Congress needs to appreciate the consequences of its poor decisions on funding — and needs to try to perform better in the future.    

Today, it is easy for Congress to systematically underfund federal agencies and then hide behind those agencies (or even blame them) when things get ugly. Putting Congress on the front lines of service will — in a very real fashion — force elected leaders and congressional staff to deal with the mistakes they make. ...

    It's an old dodge. Underfund the agency and then blame poor service on agency leadership. Social Security management has the inevitable problems one would expect at a large agency but that's not why people have to line up before dawn outside Social Security field offices. That's 100% the fault of elected officials and particularly Republican elected officials who like to "cut it until it bleeds and then complain about the blood stains", to quote an old line.

Good Luck Getting Through On The Phone

     From the E-Verify website: 

Starting July 15, 2022, employees whose E-Verify cases are referred to SSA on or after July 15, 2022, will have the normal 8 federal working days to contact their local SSA office to begin resolving the mismatch. At the onset of the COVID-19 Pandemic in March 2020, E-Verify extended the timeframe for an employee to take action to resolve a Social Security (SSA) Tentative Nonconfirmation (mismatch). E-Verify cases referred on or after July 15, 2022, E-Verify will no longer provide extended timeframes for employees to visit SSA to resolve these mismatches. E-Verify cases referred between March 2, 2020 to July 14, 2022, with a SSA mismatch will still have an extended timeframe to be resolved ...