Senate Hearing On O'Malley Nomination

   

     I listened to yesterday's Senate Finance Committee hearing on the nomination of Martin O'Malley to become Commissioner of Social Security. There seemed to be only limited Republican opposition. When a Republican Senator mentioned that he didn't like the firing of Andrew Saul, the Chairman of the Committee was prepared to politely mention that Republicans were hoist on their own petard. They were the ones who brought the lawsuits that led to the President's ability to fire people like Saul -- who richly deserved it!

    I liked one thing that O'Malley did. Whenever a Republican Senator complained about backlogs and delays and poor service generally, O'Malley had the numbers and could talk about the staffing cuts in the Senator's home state, which were in the 20-30% range for the field offices and DDS. That seemed to mute the complaints. Don't let them "cut it until it bleeds and then complain about the bloodstains."

 

Update: Another take on the nomination hearing.

   

O'Malley Nomination Hearing Today

    The Senate Finance Committee hearing on the nomination of Martin O'Malley to become the Commissioner of Social Security is scheduled for 10:00 Eastern today. You can watch it online.

Grassley Undecided On O'Malley Nomination

     From Radio Iowa:

The Democrat who finished third in the 2016 Iowa Caucuses is now being considered for the post of commissioner of Social Security. Former Maryland Governor Martin O’Malley will go before the U.S. Senate Finance Committee this week for his nomination hearing, and Republican Iowa Senator Chuck Grassley will be among the lawmakers asking him questions.

“I did meet with him in my office a month ago and I thought it was a very worthwhile meeting,” Grassley says. “I think his heart is in the right place, but I’m going to wait until the hearing’s over to decide whether to vote for him.”

The long-term viability of Social Security is the subject of much concern, but Grassley says they likely won’t be talking with O’Malley about that topic during the hearing on Thursday.

“I think we’re going to be more concerned about how he runs the Social Security Administration,” Grassley says, “and is he going to get people from remote work back into the offices around the country so they can serve the people better?” ...

OIG Chief Counsel Files Personal Suit Alleging Defamation, Tortious Interference, and False Light Invasion Of Privacy

     Michelle Murray, Chief Counsel of Social Security's Office of Inspector General (OIG), has filed suit on her own behalf pro se (meaning she is representing herself) in federal court in Pennsylvania against Debbie Shaw (Supervisory Attorney at the Office of the Counsel for Investigations and Enforcement -- or OCIE -- at OIG), Joscelyn Funnie (Senior Executive at OCIE), Lisa Rein (a reporter at the Washington Post), WP Company (which owns the Washington Post -- identified in the complaint as "left-centered"), Faith Williams (Director of the Effective and Accountable Government Program at the Project on Government Oversight) and the Project on Government Oversight. The complaint alleges defamation, tortious interference, and false light invasion of privacy. My name is mentioned but not as a defendant.

    There's probably a better way I don't know about but if you want to download this complaint you'll have to wait until I approve your request. I'll approve every request but I can't do it instantly.

    I'll say that as a general matter this sort of suit is difficult to win. I'd also say that if you're going to bring this sort of action your hands better be squeaky clean.

    Query: Do Debbie Shaw and Joscelyn Funnie qualify for government legal representation? I'd think so but I don't know the rules on this sort of thing.

Happy Halloween

 

ERE Only Partially Functional

     Social Security's ERE system that attorneys use to access their clients' files is only partially functional this morning.

    Does this also affect Social Security's internal systems?

Children Being Raised By Their Grandparents Poorly Served By Social Security

     From How Can Social Security Children's Benefits Help Grandparents Raise Grandchildren?, by Liu, Siyan, and Laura D. Quinby of the Center for Retirement Research at Boston College:

In 2020, around two million grandparents were responsible for the basic needs of their grandchildren, with grandparent care concentrated in historically disadvantaged communities. Despite being particularly vulnerable to financial insecurity, most grandparents are ineligible for formal support -- such as subsidies for foster parents, housing assistance, and Social Security dependent child benefits -- because they raise their grandchildren outside of the foster care system. Using the Health and Retirement Study and American Community Survey, this study documents how grandparent caregivers differ from typical grandparents in terms of time and money spent on grandchildren, demographic characteristics, and economic resources. It then evaluates how their finances would improve if eligibility for child benefits were aligned with the more lenient tax criteria for claiming a dependent grandchild.

    Being "outside of the foster care system" is definitely a problem but the Social Security aspect of it is that if you're on retirement benefits from Social Security, only your minor children and adult children who became disabled before age 22 can obtain child's benefits on your account. Your grandchildren are only eligible for these child benefits under very limited circumstances. 

    The children could get benefits if the grandparents adopted them but the grandparents are generally scared to try. The problem is that usually the children come to live with their grandparents because the parents have serious problems with substance abuse, other mental illness or are abusive. The grandparents are scared to rock the boat with an adoption petition. The parents may take the children back to a disordered, dangerous environment.

    The Social Security Act could be altered to give children's benefits to grandchildren in the custody of their grandparents. A change along these lines would certainly be family friendly but at this point no Social Security legislation, whatever its merits, can pass Congress.

A Question

     I know that many would like to turn over disability determination to artificial intelligence but there’s no gold standard for disability determination so let’s start out a little simpler. Could artificial intelligence be trained to do windfall offset calculations at Social Security? They're the agency's bane. They eat up tons of employee time. I'm sure that everyone familiar with the problem knows that there ought to be some computer fix. The Social Security Administration has tried two different windfall offset software packages in the past. Both cost in the tens, if not hundreds, of millions of dollars and both failed spectacularly. Is AI different?