Social Security no longer has a commissioner, or for that matter, even an acting commissioner.
In a memo to all Social Security employees, which can be found here, Nancy Berryhill informed employees that she would no longer take the title of Social Security’s acting commissioner, after the Government Accountability Office (GAO) issued a letter to President Donald Trump informing it was unlawful. The letter informed that Berryhill could no longer serve as acting commissioner after Nov. 17, 2017 because there is a limitation of 300 days for someone serving as an acting commissioner.
Berryhill, who became acting commissioner Jan. 20, 2017, said she will resume her previous role as deputy commissioner of operations.
“Throughout my career, I have learned that position titles come and go, but what truly matters is the people we serve every day. Beyond the change in title, there will be no impact in our service to the American people. Now, as always, I look forward to continuing to focus on the mission of the agency,” Berryhill wrote.
After examining Berryhill’s statement, it appears that she will continue to run Social Security despite the change in title until a new commissioner is nominated and confirmed. Since being sworn into office, Trump has not nominated anyone for Social Security’s commissioner position and Trump has not publicly responded to the GAO’s letter issued March 6.
It would be difficult to believe if this issue just came up a couple of days ago and Trump was unaware of the time limitations for an acting commissioner and the need to nominate a new commissioner. In her memo to Social Security employees, Berryhill indicated she and other Social Security employees were aware of the problem back in November 2017 when her position of acting commissioner was coming to an end.
