O'Malley Trashed

     Mark Warshawsky, of the right wing American Enterprise Institute, has written an op ed for the Baltimore Sun trashing Social Security's Commissioner, Martin O'Malley. Warshawsky blames O'Malley for asking for greater operating funds for Social Security. He says that the increasing number of people drawing Social Security benefits is large irrelevant to the agency's workload since it is mostly retirees who put little burden on the system. He says that the agency's real problem with getting its workload done is employees working from home and Social Security adding a new step in the process of disability review in 2019 and 2020. I don't know what new step he's talking about here. Of course, there's also the problem that in 2019 and 2020 O'Malley wasn't the Commissioner and Biden wasn't the President. Warshawsky goes on criticize what O'Malley is doing about overpayments and O'Malley's failure to adopt new regulations drafted while Republicans were in office to deny far more disability claimants. By the way, Republicans could have adopted those regulations but were no more eager than O'Malley to do so and for good reason. They're not justified by the data not to mention that all hell would break loose if they were adopted.

    By the way, not to knock the Baltimore Sun, which is a fine newspaper, but I'm betting that the New York Times, the Washington Post and the Wall Street Journal passed on this piece before the Sun finally agreed to publish it.

Backlog Improvement At OHO

    Dispositions continue to outpace receipts at Social Security's Office of Hearings Operations (OHO), i.e.,  it's taking less time to get a hearing on a disability claim. The biggest reason is that cases are hung up at lower levels of review where backlogs are burgeoning. One day that dam will burst and OHO will be inundated.

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New ISM Rules

     The Social Security Administration will be publishing final rules tomorrow which provide:

... that a “business arrangement” exists, such that the SSI applicant or recipient is not considered to be receiving ISM [In Kind Support and Maintenance] in the form of room or rent, when the amount of monthly required rent for the property equals or exceeds the presumed maximum value (PMV).

    This sounds awfully tedious, and it is, but the estimate of Social Security's Chief Actuary is that it will increase SSI payments to about 41,000 people by an average of $132 a month.

    The new regulations will not go into effect until September 30, 2024.

    Unfortunately, there is nothing in these new regulations to help those who have an agreement to pay for their room and board once they get some income, that is, a loan of room and board. There are a lot of people in this situation and Social Security is treating them harshly.

Past Relevant Work Regs Advance

     The Office of Management and Budget (OMB) has approved final regulations on Intermediate Improvement to the Disability Adjudication Process, Including How we Consider Past Work. When published as a proposal these included a reduction in the time period for considering past relevant work from 15 years to 5. Expect to see the regulations in the Federal Register soon. 

    I hope the effective date isn't six months into the future.

Controversy Over Benefits For Children In Foster Care

     CBS News is reporting on the issue of what happens to Social Security dependent benefits for children who end up in foster care. In most cases, the state applies for and receives the dependent benefits. The child receives nothing. The child usually doesn't know this is happening or has happened. The theory is that the states need this money to pay for foster care. The contra argument is that the foster care is often terrible and it's not the state's money to begin with. This controversy has been around forever.

    I note the contrast with SSI child's benefits where a child's parent or guardian must establish a separate bank account to receive the benefits for a child and must show how the money was spent. Not so with Title II dependent benefits. The state just gobbles up the money.

    Social Security's new Commissioner, Martin O'Malley, is quoted in the piece as opposing what's going on. However, he has no authority that I can think of to do anything about this.

Former SSA Employee Sentenced For Fraud

      From the Times Leader of Scranton, Pennsylvania:

A former employee with Social Security Administration was sentenced to three years in federal prison for pandemic relief fraud.

U.S. District Court Judge Malachy E. Mannion sentenced Takiyah Gordon Austin, 47, formerly of Wilkes-Barre, to three years in federal prison and three years of supervised release on charges of wire fraud and aggravated identity theft, according to U.S. Attorney Gerard M. Karam.

Austin was also ordered to pay $288,590 in restitution.

Austin, as a claims specialist, filed Pandemic Unemployment Assistance claims for ineligible recipients in exchange for payment from the individuals, according to a news release. …

Why Is SSA Still Relying On Ancient Occupational Data?

     David Weaver asks why Social Security doesn't do something about its reliance upon the ancient Dictionary of Occupational Titles in making disability determinations. Everyone agrees it's unreliable. People are being approved and denied based upon data collected more than 40 years ago. Why? My guess is that all of us are afraid of what comes next if we drop the DOT.

Where We’re At As A Nation

      From Reuters: 

Fact Check: Biden did not sign executive order to terminate Social Security.