I Have Been Seeing More Of This Problem In The Last Year

      From a recent report by Social Security’s Office of Inspector General (OIG):

… [W]e reviewed a sample of 274 cases from a population of 1.5 million recipients SSA placed in non-payment status codes from March 2020 through May 2022 after determining the recipients failed to provide requested information or take requested actions. Additionally, we identified 61,176 recipients who were placed into 7 non­payment status codes during periods SSA had prohibited their use. 

Results 

SSA did not act in accordance with its policy and procedures when it processed SSI ineligibility determinations and suspensions based on applicants’, recipients’, or representative payees’ failure to provide information. SSA’s employees did not complete all required steps for 156 (57 percent) of the 274 sampled cases placed in non-payment status, which led to 96 of the 156 recipients not receiving $203,133 in SSI payments they should have received. Projecting these results to our population, we estimate SSA did not follow its policy before it denied or suspended SSI payments for 871,330 recipients. Of these recipients, we estimate 536,203 did not receive $647 million in SSI payments they should have received. …

     It’s way too easy for field office employees to deny on the basis of failure to provide information without making any serious effort to contact the claimant.

Supreme Court Refuses To Hear Conn Case

      The Supreme Court has declined to hear one of the Conn cases. The issue in this case is the statutory provision requiring that the agency act “immediately” when it detects fraud. In the Conn cases the agency didn’t act for 15 years. Did this failure give affected claimants who were not themselves guilty of fraud (their lawyer, Eric Conn, was the one who did that) a get out of jail free card? The lower courts didn’t buy that argument and the Supreme Court has refused to hear the case.

ALJ Hiring

      Social Security has posted an announcement that it is accepting applications for Administrative Law Judge positions. The announcement is only open until Wednesday.

It’s Hard To Administer SSI

      From a recent report by Social Security’s Office of Inspector General:

… SSA’s SSI financial account validation process for applicants and recipients who alleged having less than $400 in financial accounts did not always lead to accurate SSI determinations. SSA’s process led it to make inaccurate SSI resource determinations for 27 of the 140 recipients reviewed. Based on these determinations, SSA paid the recipients $130,430 in SSI payments they were not eligible to receive. Based on these sample results, we estimate SSA incorrectly made SSI resource determinations that led to 198,960 recipients receiving $718 million in SSI payments for which they were not eligible because applicants/recipients under­reported their financial account balances by $100 or more. 

SSA’s policy did not require that it validate the recipients’ financial account balances because they alleged they had less than $400 in liquid resources. The AFI reports we requested identified 102 of 140 applicants/recipients under-reported their financial account balances by $100 or more. Additionally, the AFI reports showed 28 of the applicants/recipients owned financial accounts of which SSA was unaware. Based on these sample results, we estimate 800,140 applicants/recipients under-reported their financial account balances by $100 or more, with 219,640 failing to report all the financial accounts they owned to SSA. ..

 

Rep Payee Problems

     From a recent report by Social Security’s Office of Inspector General:

SSA did not ensure employees made complete and accurate capability determinations for disabled beneficiaries who previously had payees.  We estimate, for approximately 19,000 disabled beneficiaries who previously had payees, there was no evidence SSA determined the beneficiaries were capable of managing, or directing the management of, their benefits.  In addition, there was no evidence SSA performed proper follow-up development.  SSA paid approximately $887 million in benefits directly to these beneficiaries without evidence to show they were capable of, or were, using the benefits to meet their basic needs.  Finally, we estimate SSA did not properly document capability determinations for approximately 6,700 beneficiaries. 

This occurred because SSA did not have effective system controls to ensure employees properly documented their capability determinations.  Additionally, SSA did not have controls to ensure employees authorized direct payments to incapable beneficiaries in accordance with SSA’s policy and properly performed the follow-up reviews after they made interim direct payment to those 

Social Security Beginning To Text With Claimants

     From Emergency Message EM-25051:

... Prior to September 28, 2024, technicians used email as the sole means to communicate with customers to initiate an Upload Documents request. eSignature/Upload Documents had required technicians to obtain customer consent prior to sending emails requesting document submissions.

Effective with the release on September 28, 2024, eSignature/Upload Documents will no longer require the collection of customer consent in TED for email messaging.

Additionally, text messaging will be added as a communication option in TED. Technicians must collect customer consent before sending text messages. ...

List Of Non-Attorney Reps

     Social Security makes periodic general voluntary releases of materials for which Freedom Of Information Act requests have been made. They have recently released what they describe as "CY 2021 Non-Attys Eligible for Direct Fee Payment (Redacted under b6)."

    I don't understand this list. It purports to show 44,134 non-attorney reps eligible for direct payment of fees. That can't possibly be right, can it? The list contains at least 40 times more names than what I would have expected.

ALJ Hiring?

      Posters on an online message board mostly frequented by wannabe Administrative Law Judges seem convinced that Social Security will soon be hiring more ALJs. We’ll see.