EM On Overpayments During Covid

     From Emergency Message EM-24005:

... On January 20, 2024, the United States District Court for the Eastern District of New York approved a settlement agreement in Campos v. Kijakazi, No. 21-cv-05143. The case involved Title XVI overpayments incurred during the COVID-19 pandemic from March 2020 through April 2023.

C. FO [Field Office] instructions

Effective immediately, when making a fault determination on a waiver request for an overpayment incurred in any month since March 2020, technicians must consider any circumstances related to the COVID-19 pandemic that an overpaid individual alleges prevented the individual from reporting changes. When COVID-19 circumstances are alleged, technicians must also document the individual’s allegations of COVID-19 circumstances that prevented the individual from reporting changes in the file. ...

Examples of circumstances related to the COVID-19 pandemic that may have prevented an individual from complying with Title II or Title XVI reporting requirements include, but are not limited to, the following scenarios:

The overpaid individual:

• attempted to contact us but was unable to visit a FO, mail us information, reach us by phone, or get transportation because of the COVID-19 pandemic;
• was unable to contact us because of government-imposed COVID-19 travel restrictions;
• was unable to contact us because of child-care or family-care changes due to COVID-19 stay-at-home orders or school-at-home requirements;
•  was unable to contact us because of the overpaid individual’s COVID-19 illness or related serious illness; 
•  was unable to contact us because the overpaid individual’s representative payee died or became seriously ill due to COVID-19 or serious illness related to COVID-19; or
•  was unable to contact us because the overpaid individual’s immediate family member died or became seriously ill due to COVID-19 or related serious illness.

NOTE: This list is not exhaustive. ...

Equite Action Plan Report

     The Social Security Administration has recently issued its Equity Action Plan: 2023 Update. It sounds like they're about a year behind in getting this out. It's full of vague, largely unmeasurable goals. Look at it yourself but what I've pulled  out below is all the content that I can find that seems vaguely interesting to me, at least:

• ... In FY 2023, to restore SSI applications closer to pre-pandemic levels, we launched a new SSI “Basic Needs” campaign in support of our FYs 2022-2023 Agency Priority Goal (APG) to increase SSI applications nationwide by 15 percent and increase applications from underserved communities by 25 percent, 1,758,656 and 127,749 applications, respectively. We have seen an increase in the overall number of SSI applications, nationally and in underserved communities. Since the campaign launched:

a. Our digital marketing tactics generated 1.81 million referrals from our SSI website to the online SSI Protective Filing tool, yielding 345,000 SSI applications through September 3, 2023. The tool allows individuals and third-party helpers to establish a protective filing10 online and request an appointment to file for benefits.

b. Our marketing generated more than 1.9 billion impressions across all tactics and over 2.7 million website visits.

c. Through September 29, 2023, we exceeded our APG target for SSI applications in underserved communities relative to the 2021 baseline by receiving nearly 135,000 applications. ...


• In May 2023, we established the Office of Transformation (OT), which includes our Customer Experience (CX) team. The OT’s mission is to facilitate the most critical business enhancements that serve the public and support our frontline employees. ...
• As of August 23, 2023, there were about 220,000 pending [SSI] underpayments, of which more than 140,000 underpayments (with corresponding alerts) have been pending for a year or more or are priority cases. ...
  

    I can be critical of the vagueness of the report but in an organization as large as the Social Security Administration a 1% improvement in service which might seem trivial to me could still improve the lives of a not insignificant number of people. We'd all love to see transformative changes but with current levels of funding all that's possible are the tiniest baby steps.

News?

     When you look online now for news about Social Security, you mostly come across clickbait and "listicles" like those shown below. These pieces have little or no value to people who work in the field but they're indicative of what the public reads:

• Social Security update: Third round of February payments worth $4,873 goes out in five days
• 3 Things To Know About Social Security Payments If You’ve Ever Been on a Payroll
• Social Security Benefits for Spouses: 4 Things Retired Couples Need to Know
• Social Security update: March direct payment worth $943 goes out in seven days
• Social Security Recipients: Will You Get a March Check if the Government Shuts Down? 
• Goodbye to the $1,900 Social Security check: retirees will earn less money as of this date

New SSI Regs In The Pipeline

     The description of a packet of proposed regulations that the Social Security Administration has asked the Office of Information and Regulatory Affairs (OIRA) to approve for publication in the Federal Register:

We propose expanding the rental subsidy exception beyond the 7 states to which it already applies so that it applies nationwide. Accordingly, our nationwide policy would be that a business arrangement exists when the amount of monthly rent required to be paid equals or exceeds the presumed maximum value or the current market value, whichever is less. We expect that the proposed change would improve service delivery by making our policy uniform throughout the country and reducing administrative burdens for individuals seeking access to the Supplemental Security Income (SSI) program.

Final Rules Approved To Omit Food From SSI Support And Maintenance Calculations

    The Office of Information and Regulatory Affairs (OIRA) has approved publication of final rules to omit food from SSI support and maintenance calculations. Expect to see it in the Federal Register in the near future.

A Poll

 

online polls

A Sunday Medley

     Social Security news has been scarce. Below are some links to recent media articles. I wouldn’t normally post them but you may find one of interest:

• ‘I cannot understand how they can do this to people’: Social Security admits to overpaying a North Texas widow by $41K — and now demands she pay the money back. How did this happen?
• Opinion: Hey, Donald Trump, where’s your plan to save Social Security?
• Divorced? Here's How to Tell If You Qualify for Spousal Social Security Benefits
• Security Administration sends new checks to retirees born between the 11 – 20
• Those Cost-of-Living Adjustments to Social Security Add Up Quickly
• Divorced? Here's How to Tell If You Qualify for Spousal Social Security Benefits

Wyden Praises O'Malley

     The Chairman of the Senate Finance Committee has saluted the new Commissioner of Social Security for going forward with proposed rules to allow use of electronic wage reporting to reduce overpayments.