New Ruling Allows Use Of Vocational Information Sources Other Than DOT

     From Social Security Ruling 24-3p.; Titles II and XVI: Use of Occupational Information and Vocational Specialist and Vocational Expert Evidence in Disability Determinations and Decisions, due to appear in the Federal Register tomorrow:

... VSs [Vocational Specialists, used at DDS] and VEs [Vocational Experts, used at OHO] may provide evidence based on their professional experience and any reliable source of occupational information that is commonly used in the vocational profession and relevant under our rules. VSs and VEs are in the best position to determine the most appropriate sources of data to support the evidence they offer. We expect VSs and VEs to identify the sources of the data they use and, where applicable, to explain their general approach to estimating job numbers. If the VS or VE uses a data source that defines exertion, education, or skill levels differently than our regulations, we expect the VS or VE to explain the difference. ...

Some sources of occupational data use definitions of exertion level, skill level, and education level that align closely with our program rules. The DOT is such a source. If a VS or VE uses a source that defines exertion, skill, or education level differently than our program rules, we expect the VS or VE to acknowledge the difference and explain whether or how they have accounted for the difference. ...

    You can start to see a new occupational information system coming. They're trying to avoid the necessity of changing their regulations. Also, they want to phase it in and they want to have it both ways -- use either the old or the new to deny claims with claimants unable to demand consistency.

Bisignano Nominated To Become Commissioner

     From USA Today:

President-elect Donald Trump said he's nominating financial services CEO Frank Bisignano to serve as commissioner of the Social Security Administration. ...

Bisignano currently leads the financial services and payments giant Fiserv, one of the largest financial software companies in the country.

He’s previously held executive leadership positions at major banks including JP Morgan Chase and Citigroup.  ...

    From Wikipedia:

... Under Bisignano's tenure, hundreds of First Data and FiServ locations have closed, resulting in the termination of thousands of employees. Employees who previously had remote positions due to the COVID-19 pandemic or other legacy reasons have reportedly been particularly targeted. ...

What About NTEU And ALJ Unions?

    The Biden Administration signed contracts with the American Federation of Government Employees (AFGE) to lock in telework at Social Security until 2029 but there are at least two other, smaller employee unions at Social Security -- the National Treasury Employees Union (NTEU) and the ALJ union. What's with them? Do they have new, unannounced contracts or were they just already protected?

Merry Christmas

 

Biden Administration Tries To Lock In Telework At SSA

      From Bloomberg News: 

A Biden administration appointee has agreed to lock in hybrid work protections for tens of thousands of Social Security staff, part of a slew of organized labor efforts that complicate President-elect Donald Trump's efforts to reshape the federal workforce.

 

The American Federation of Government Employees, a union representing 42,000 Social Security Administration workers, reached an agreement with the agency last week that will protect telework until 2029 in an updated contract, according to a message to its members viewed by Bloomberg.

The new deal, signed by President Joe Biden’s just-departed SSA Commissioner Martin O’Malley, will let workers “maintain current levels of telework,” AFGE chapter president Rich Couture wrote. …

  

A US president "can't just set aside lawfully signed collective bargaining agreements, without the unions' agreement," Indiana University law professor Kenneth G. Dau-Schmidt said via email. "The US government has to live up to its agreements, too.

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Don't Mess With Social Security

 

    The French government may soon fall because it has tried to ram through changes in social security benefits in that country. This will be the first time a French government has fallen due to a no confidence vote since 1962.

One Thing About Carolyn Colvin

     Let's say that someone other than Carolyn Colvin had been made the Acting Commissioner of Social Security and let's say it's a career employee in his or her prime working years. Let's also say that the Trump Administration decides a priori that Social Security will do just fine with a 20% reduction in staffing. That Acting Commissioner would face a dilemma. The person could forcefully resist internally in which case that person would probably be fired and their federal career would be at an end. That person could quit in protest in which case their federal career would also be at an end. That's tough on a person with a mortgage and kids in or near college.

    At her age, Colvin can easily resign in protest. She has no reason to worry about her federal career. She can court firing or quit without concern. If she leaves, she can be very noisy about it. This gives her a certain power that others, younger than her, don't have.

    By the way, if you're someone in line to succeed Colvin, what would you do as Acting Commissioner if the Trump Administration orders up something that you know will have disastrous effects? Would you have the courage to resign in protest? Would you be willing to preside over a disastrous situation? Is there some way of squirming out of the dilemma? These may not be abstract questions for a handful of people at Social Security.

FY 2024 DDS Allowance Rate

     From a recent release from Social Security: