Major Frustration

 

    An email from a legal assistant at my law firm to others in the firm:

Is anyone else feeling the major frustration of attempting to get tasks done and not getting very far because the DO’s new phone system?

After waiting on hold for anywhere between 50-90 mins on a regular basis, I often get hung up on or the “this isn’t our jurisdiction” response and cannot get any assistance.

Also experiencing some frustration with the cases that are filed online as now Baltimore is “helping” but really just dropping the ball on these as well.

Is there anything that can be done other than getting in touch with our useless congressperson?

    No one had a response other than to say basically, "Yeah, I'm facing the same situation." 

A Poll

 

online polls

Still Standing After All These Years

     From Tom Margenau, a retired Social Security employee with a syndicated column:

… I remember way back in 1973 when I was sent out as a relatively new Social Security Administration spokesperson to deliver my first speech on the topic. And hardly before I had a chance to introduce myself, some guy in the audience who appeared to be around 40 years old jumped up and said, “I don’t know why we should listen to anything you have to say. We all know Social Security will go belly up long before we ever have a chance to collect a dime out of the system!” …

Well, of course, if that guy is still alive, he’d be pushing 90 now and would have been collecting many millions of dimes in the form of Social Security checks, month in and month out, for about 30 years now.  …

That story always reminds me of something I learned from one of my mentors when I started working for the Social Security Administration. He was a fairly high-placed official within the agency who started working for the SSA shortly after it was created in 1936. And he told me that way back then, many members of the public were telling him that the Social Security program was doomed to failure. …

More Oversight For Security Guards

     From Government Executive:

The House on Monday passed legislation that responds to issues flagged by watchdogs about oversight of contract security guards at federal buildings. 

The Personnel Oversight and Shift Tracking Act of 2025 (H.R. 3425), approved 402-0, would require the Federal Protective Service, which is responsible for guarding more than 8,500 facilities [including Social Security offices], to “establish processes to strengthen oversight, performance and accountability of contract security personnel.” 

Specifically, it would task FPS with developing a standardized process for collecting and analyzing the results of covert security tests when the employees don’t know that they’re being evaluated and mandating contract security companies to provide corrective training to any personnel who fail such tests. 

 The Government Accountability Office in March reported that contract guards who screen individuals entering federal buildings failed to detect prohibited items (e.g. baton, pepper spray) in about half of covert tests that its investigators conducted. GAO also analysed nearly 500 such evaluations performed by FPS between 2020 and 2023 and found that roughly half of the time the contract security did not notice the prohibited item. ...

    Let's be safe but let's not get carried away. I've met guards who did everything but a cavity search. 

4th Circuit Hears DOGE Case En Banc After SCOTUS Leaves Them In A Quandry

      From Courthouse News Service:

An en banc Fourth Circuit debated the role of appellate courts during a testy hearing Thursday concerning an attempt to stop Department of Government Efficiency employees from accessing Social Security data.

A federal judge blocked DOGE from accessing the systems in March, questioning why officials needed large quantities of sensitive information on Social Security recipients. The Fourth Circuit denied the government’s attempt to stay the injunction ruling on the side of labor unions and retirees.

“The crux of this case and the crux of plaintiffs’ position is that government cannot grant itself an all-access pass to confidential, sensitive information merely by boldly asserting the word ’need’ or even the word ‘fraud,’” attorney Alethea Swift of the Democracy Forward Foundation, representing the unions, said.

The Supreme Court issued a June order reversing the Fourth Circuit’s conclusion and implemented a stay on a 6-3 vote. The high court majority said President Donald Trump was likely to succeed in the litigation and would be injured if the justices didn’t intervene, but did not issue an opinion to explain their reasoning.

Eye rolls and sighs dominated the day as the judges fiercely debated their role at this juncture, with Republican-appointed judges arguing the court should simply affirm the Supreme Court’s decision. In contrast, Democrat-appointed judges viewed the appellate court’s role as one requiring deeper analysis. …

     Here’s another report on the oral argument. 

From The ISRP On The Future Of Occupational Data And Disability Adjudication

     From the newsletter of the International Association of Rehabilitation Professionals:

… Dr. Michelle Aliff and Ryann Hill recently met with SSA leadership including Jay Ortis (Acting Deputy Commissioner for Disability Adjudication) and Acting Chief ALJ to discuss efforts to improve disability determinations. 

• DDS Delays: SSA acknowledged long wait times and is exploring tech-based solutions to streamline case processing and flag idle cases. 
• Vocational Experts (VEs): SSA reaffirmed the essential role of VEs at the hearing level and emphasized that human adjudicators will continue to make final decisions.
• Occupational Data: Concerns were raised about the limitations of the Occupational Requirements Survey (ORS), including its lack of data on issues like cane use, absenteeism, and full-time work. SSA agreed ORS should not be the sole occupational data source. 
• ALJ Expectations & DOT: Some ALJs still expect VE testimony to align with the outdated DOT. SSA recognized the need to resolve this inconsistency as part of modernization efforts.

SSA Modernization Efforts: What’s on the Horizon for VEs?

SSA is revisiting proposed regulations that threatens utilization of vocational experts (VEs) by replacing the DOT with ORS data and relying on internal software (VIT) to determine job availability and potentially allowing ALJ’s to input RFCs without expert input. These changes, originally drafted but never released under the prior administration, may soon be issued as a Notice of Proposed Rulemaking. If the NPRM is issued, a public comment period will follow. This will be a critical opportunity to advocate for the continued role of vocational experts and ensure that decision-making remains grounded in expert analysis and not just algorithms. …

Whistleblower Complaint Triggers Questions

      Senator Crapo, the Chairman of the Senate Finance Committee has questions for Social Security over a recent whistleblower complaint but is he really willing to hold this Administration to account?

Gutting Congressional Affairs Office Turning Out To Be Not Such A Good Idea

      From Government Executive:

A Social Security Administration office tasked with resolving beneficiary issues brought to its attention by federal legislators has shrunk from about 50 employees to as few as three, according to an agency employee.

In addition to constituent casework, employees in SSA’s Office of Legislation and Congressional Affairs provide technical assistance to lawmaker offices when developing Social Security legislation and answer questions from Capitol Hill staffers, among other legislative and regulatory responsibilities.  … 

[After recent cuts] OLCA was left with just three staffers, two of whom were brought over from a different office.  … 

SSA did move a congressional casework team to a different component and remaining OLCA staffers have been instructed to contact other offices to help with their responsibilities, according to the employee. …

[An] employee said that some OLCA staffers were asked to return, potentially increasing the number of workers in the office …