Chaotic Budget Process Makes Hiring Difficult

    From a report by Social Security's Office of Inspector General (OIG) on The Social Security Administration's Human Capital Planning (footnotes omitted):

... In a May 2022 hearing on customer service, Grace Kim, SSA’s Deputy Commissioner for Operations, explained “. . . insufficient funding over multiple years to hire the level of staff needed, and higher than average attrition rates across the agency” had driven SSA to its lowest staffing levels in 25 years. SSA’s ability to hire during the year is affected by when SSA receives its funding. SSA’s final budget is not usually passed timely as appropriations for agencies are not always signed into law when the FY begins on October 1 each calendar year. Congress and the President must approve the budget or a continuing resolution (short-term legislation to keep the Government open). Otherwise, a funding lapse may result in a Government shutdown where agencies can only conduct mission-critical activities, and non-essential work like training is suspended. As a result, SSA will send guidance as to when components can hire. SSA stated it is difficult to plan and manage funding under the Federal budget process especially if there are funding lapses or continuing resolutions. Office of Operations staff explained they cannot over-hire to account for losses throughout the year. 

When SSA can hire, it often hires staff in large numbers after it receives an approved budget and trains the new hires together. One Regional Commissioner noted a “steady source of income” would allow for more balanced planning and hiring all year as uncertain budgets create cycles of hiring and freezes. Other Operations subject-matter experts explained hiring staff in large numbers creates a strain on human resource support staff who need to address a large number of staff hired at one time. Also, SSA reported the timing of funding can limit SSA from strategically hiring staff during advantageous times of the year, such as recruiting before students graduate and during the times college campuses typically hold recruitment and job fairs. Not being able to strategically time when to hire staff places SSA at risk of not hiring the most qualified candidates as they may have accepted offers from other employers and are no longer seeking employment opportunities when SSA receives funding. ...

I Guess The Attorney Had No Choice But To Turn In The Client

      From The Daily Independent:

Jeffery Daniel Gladney, 55, of Willcox, was sentenced early this week by U.S. District Judge John C. Hinderaker to time served, amounting to over 25 months in prison.

Gladney previously pleaded guilty on June 29 to threatening to assault a federal employee.

During the summer of 2020, Gladney left several messages on the voicemail of his attorney’s office, threatening the U.S. Social Security Administration Law Judge assigned to his case.

In the voicemails, Gladney threatened to assault and kill the judge, demanding his benefits be approved immediately, and instructing the legal assistant to relay the messages to the judge. …

     I once notified the Hearing Office that I considered a client to be a potential threat at the hearing. I was told that the Hearing Office had received multiple warnings about the claimant who was clearly severely mentally ill but lacked enough earnings to qualify based upon her earnings and had too much income to qualify for SSI. Her husband was with her hen I saw her in the office. I advised him to take her directly to a psychiatric hospital. I got out of the case before the hearing. 

Nominate A Commissioner Already

      From a press release:

Senator Edward J. Markey (D-Mass.) today joined his colleagues led by Senators Chris Van Hollen (D-Md.) and Sherrod Brown (D-Ohio) in a letter to President Biden, urging him to nominate a Commissioner and Deputy Commissioner to serve at the Social Security Administration. The Social Security Administration has been without permanent leadership for over a year, making it difficult to address longstanding challenges that the agency faces in providing service to Americans who rely on these benefits. …

Joining Senator Markey in signing the letter led by Senators Van Hollen and Brown were Senators Carper (D-Del.), Padilla (D-Calif.), Baldwin (D-Wis.), Casey (D-Pa.), Whitehouse (D-R.I.), Markey (D-Mass.), Cardin (D-Md.), Murray (D-Wash.), Gillibrand (D-N.Y.), Sanders (I-Vt.), Warren (D-Mass.), Schatz (D-Hawaii), Feinstein (D-Calif.), and Blumenthal (D-Conn.). …

    I’ve never heard why Biden is delaying the nomination. My guess is that Republican Senators have vowed to delay any nomination because they’re still miffed that Biden fired Andrew Saul. They can’t prevent confirmation but they can slow down the Senate at a time when Biden wants to get other things accomplished. Anybody else have a theory? 

Workforce Decline Continues

    The Office of Personnel Management (OPM) has posted updated numbers showing the headcount of employees at each agency. Note that these numbers do not tell the whole story. They don't account for part time employees nor for overtime. Overtime is a huge part of the story at Social Security. A Full Time Equivalent (FTE) report would cover that but we seldom see FTE reports. I'm not sure why. Here are Social Security's numbers as of June with earlier headcount numbers for comparison:

•  June, 2022 58,332
  
• March, 2022 59,257
  
• December, 2021 60,422
  
• September, 2021 59,808
  
• June 2021 59,707
  
• March 2021 60,675
• December 2020 61,816
  
• September 2020 61,447
  
• June 2020 60,515
  
• March 2020 60,659
  
• December 2019 61,969
  
• December 2018 62,946
  
• December 2017 62,777
• December 2016 63,364
• December 2015 65,518
• December 2014 65,430
• December 2013 61,957
• December 2012 64,538
• December 2010 70,270
• December 2009 67,486
• December 2008 63,733

Social Security An Issue In Campaign 2022

     It is becoming clear that Democrats want to make Social Security a significant campaign issue for the upcoming mid-term election. Yesterday, the President warned that Republicans want to "sunset" Social Security.     

    Of course, the New York Times tried to "both sides" the issue by warning that Social Security is in "limbo" and on "unstable ground" neither of which is true. The Department of Defense isn't funded past midnight Friday. Does that mean that the nation's defense is in "limbo" and on "unstable ground"? 

    Current funding mechanisms for Social Security really aren't what assures that Social Security will remain afloat. Those could always be changed for the worse. Social Security's future is guaranteed because the American people love Social Security and depend heavily upon it. That's not going to change. This means that Republican talk of "sunsetting" Social Security is absurd. You could also say that it's absurd to warn that Social Security could be "sunsetted" if Republicans have their way but at least the President is talking about the hopeless desire of many Republicans.

House Version Of Continuing Resolution Gives Social Security More Operating Funds

     The House version of the Continuing Resolution (CR) that will fund government operations until full year appropriations bills can be passed is out. In general, CRs allow agencies to continue to spend money at the same rate as during the preceding fiscal year.  The Biden Administration had asked that Social Security be allowed to spend money during the CR time period as if the FY 2022 appropriation had been $800 million higher than it actually was. The House bill doesn't go that far. If passed it will allow Social Security to spend money at a rate $400 million higher than during FY 2022. (§148, page 28) That's certainly better than nothing but it isn't nearly enough to help the agency address its severe problems.

Few People Cut Off Disability Benefits Can Work Enough To Support Themselves

     From Outcomes Following Termination of Social Security Disability Insurance by Michael T. Anderson, Monica Farid, Serge Lukashanets, Denise Hoffman and Kai Filion:

...  The paper found the following:

• Among people whose benefits terminated due to medical improvement from 2005 to 2014, 16 percent of former DI-only beneficiaries and 14 percent of former concurrent beneficiaries returned to DI within five years.
• Among people whose benefits terminated due to work from 2005 to 2014, 32 percent of former DI-only beneficiaries and 50 percent of former concurrent beneficiaries returned to DI within five years.
• Fewer than half of former beneficiaries whose benefits terminated due to medical improvement had average post-termination earnings above the poverty threshold. Those whose benefits terminated due to work were more likely to have post-termination earnings above the poverty threshold than those whose termination was due to medical improvement.
• Age and certain diagnoses were strongly associated with earnings below the poverty threshold and return to disability entitlement, especially schizophrenia and other psychotic disorders, and intellectual disabilities. ...

    I think the attitude of many people can be summarized as "It's easy to get on Social Security disability. Except for the 'truly disabled' those drawing benefits are mostly lazy or just wusses who don't have the courage to overcome their disabilities and work. I'd never let that happen to me."  That's the attitude among many of my clients who are themselves trying to get on Social Security disability benefits. Of course, they know themselves to be "truly disabled" without realizing that prior to becoming disabled they would have naively judged someone with their health problems to not be "truly disabled" because they didn't look sick enough. Often my clients have unrealistic expectations of their own ability to recover or overcome their disabilities and delay filing claims for disability benefits for years, until they become destitute, and then feel guilty about going ahead with a disability claim when they finally do.

    This study demonstrates that it's damned difficult to get on Social Security benefits. Those who do should be recognized as "truly disabled." It should be acknowledged that they have little hope of ever again supporting themselves with work. However, we see proposal after proposal that purport to demonstrate a path for getting disability benefits recipients can be returned to work.

CRS On Jarkesy Case

     The Congressional Research Service has a piece out on the implications of the decision of the 5th Circuit Court of Appeals in Jarkesy v. SEC, holding that removal protections for SEC Administrative Law Judges are unconstitutional. Supposedly, there are high constitutional principles at stake in cases such as this but it's mostly people trying to avoid punishment for securities violations. Also, there's basic right wing nihilism that equates thwarting administrative agencies with protecting freedom. Nevertheless, this could certainly affect Social Security.