Fee Cap Going Up And Will Be Indexed

      The National Organization of Social Security Claimants Representatives (NOSSCR) is reporting that there will soon be an increase in the cap on the amount that attorneys may charge under the fee agreement process and that henceforth the cap will be adjusted annually for inflation.

New SSI Regs Approved

      The final rules on the Nationwide Expansion of the Rental Subsidy Policy for SSI Recipients have been approved by OMB and should appear in the Federal Register soon.

Social Security Ready To Start Moving To The Use Of Generative AI

     From a Request for Information published by the Social Security Administration:

SSA is looking for a Generative Artificial Intelligence (GenAI) solution capable of: 

• assisting SSA developers in developing code more expeditiously, and/or
• transforming Legacy Code to modern languages for the purpose of refactoring Legacy Systems to leverage modern technologies and platforms. ...

Emergency Message On Change In Default Rate For Collecting Overpayments

     The Social Security Administration has issued Emergency Message EM-24011 SEN on the recent decision by the Commissioner to change the default rate of benefit withholding where there's been an alleged overpayment. It's labeled as "SEN" because they consider it sensitive. It's labeled at the top as "NOT TO BE SHARED WITH THE PUBLIC" but they are sharing it after redacting significant portions of the message. I don't get a feel for what's in the redacted part.

Severe Problems Remain After SSA Appropriation Determined

     From Federal News Network:

After a months-long hiring freeze, the Social Security Administration is once again facing even further declining staffing numbers.

But with agency spending now determined for the rest of fiscal 2024, and hiring now unfrozen, SSA Commissioner Martin O’Malley is readying the agency’s plans to rebuild its workforce as quickly and efficiently as possible.

Currently, SSA is at its lowest staffing levels in 27 years, while serving more customers than ever before, O’Malley told lawmakers on the House Ways and Means Committee during a hearing last week. As a result, customer service has worsened — there are longer wait times on phone lines, and longer delays in receiving decisions on disability applications and appeals. ...

In the 2024 spending agreement Congress reached last week, SSA received $14.2 billion for its administrative expenses. It’s a slight increase over SSA’s enacted budget of $14.1 billion for 2023. ...

Although SSA’s latest hiring freeze has ended, there have already been net staffing losses as a result of a months-long string of continuing resolutions — landing the agency once again at the lower staffing levels it had a year ago. ...

Right now, SSA employees “are understaffed, and they are overwhelmed,” O’Malley said. “Not surprisingly, when somebody’s been on hold for an hour, they come off that call hot. We right now have an attrition rate of about 24% in our teleservice centers.”     ...

“We need to change our [hiring] strategy as an agency,” O’Malley told lawmakers. “I think we target too much on college graduates and not enough on high school and community college graduates. And with proper training, that could really be an investment that holds for a long time.” ...

Final Regs To Omit Food From In-Kind Support And Maintenance To Become Effective On September 30 But SSA Seems To Be Worried About Litigation

     Social Security will publish final regulations to omit food from in-kind support and maintenance calculations for purposes of Supplemental Security Income tomorrow. The change will not become effective under September 30, 2024. That's an awful long lead time.

    By the way, the notice contains the following language:

Severability

In the event of an invalidation of any part of this rule, our intent is to preserve the remaining portions of the rule to the fullest possible extent. In particular, we intend the clarification of consideration of others in the household in 20 CFR 416.1131 [on the 1/3 reduction rule] to be severable, as it better explains our current policy and functions independently of the other changes reflected in this final rule. We also intend the clarification of constructive receipt of income in 20 CFR 416.1102 [defining what is income] to be severable, as it better explains our current policy and functions independently of the other changes reflected in this final rule.

Definition Of Public Assistance Regulations Advances

      The Social Security Administration has asked the Office of Management and Budget (OMB) to approve these final regulations:

We propose to expand the definition of a public assistance (PA) household for purposes of our programs, particularly the Supplemental Security Income (SSI) program, to include the Supplemental Nutrition Assistance Program (SNAP) as an additional means-tested public income maintenance (PIM) program. In addition, we seek public comment on expanding the definition to include households in which any other (as opposed to every other) member receives public assistance. We expect that the proposed rule would decrease the number of SSI applicants and recipients charged with in-kind support and maintenance (ISM). In addition, we expect that this proposal would decrease the amount of income we would deem to SSI applicants or recipients because we would no longer deem income from ineligible spouses and parents who receive SNAP benefits and live in the same household. These policy changes would reduce administrative burden for low-income households and SSA.

Rep Payee Fighting Overpayment

     From WMAR:

A Maryland senior is fighting an overpayment notice from the Social Security Administration. The additional money was supposedly paid out to her brother, but now the agency is withholding her monthly retirement benefits.

“They caught their mistake and tried to collect the money, but he had passed," said Everlon Moulton, whose brother died in 2006. Moulton said shortly before then, she had become his financial representative. ...

According to a letter sent to Moulton last November, Congress passed a law permitting the Social Security Administration to collect Supplemental Security Income (SSI) overpayments from the individual's payee. The SSA identified payments to Moulton's brother, while he was still alive, that exceeded the amount he should've received. Moulton said she never used money designated for her brother and was informed that $233 will be deducted from her monthly retirement benefits until the nearly $6,900 overpayment to her brother is settled. ...

    If she only became the representative payee shortly before her brother died how did she become responsible for a debt that must have accrued before she became involved?