Demystifying

Social Security has a strict definition of disability. That definition is “inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.” That is all well and good, but actual people are the ones who determine whether a claimant is disabled and those people could be examiners at a state agency or an Administrative Law Judge (ALJ). Below is an explanation of who makes a disability determination at different stages of the process. We’ll review your application to make sure you meet some basic requirements for disability benefits. We’ll check whether you worked enough years to qualify. Also, we’ll evaluate any current work activities. If you meet these requirements, we’ll process your application and forward your case to the Disability Determination Services office in your state. This state agency completes the initial disability determination decision for us. Doctors and disability specialists in the state agency ask your doctors for information about your condition. They’ll consider all the facts in your case. They’ll use the medical evidence from your doctors, hospitals, clinics, or institutions where you’ve been treated and all other information. They’ll ask your doctors about: Your medical condition(s). When your medical condition(s) began. How your medical condition(s) limit your activities. Medical tests results. What treatment you’ve received. They’ll also ask the doctors for information about your ability to do work-related activities, such as walking, sitting, lifting, carrying, and remembering instructions. Your doctors don’t decide if you’re disabled. The state agency staff may need more medical information before they can decide if you’re disabled. If your medical sources can’t provide needed information, the state agency may ask you to go for a special examination. We prefer to ask your own doctor, but sometimes the exam may have to be done by someone else. Social Security will pay for the exam and for some of the related travel costs.  

Each year Social Security beneficiaries brace for the annual cost-of-living adjustment (COLA) in the fall to find out what sort of increase in benefits they will receive the following year. Married couples who both receive Supplemental Security Income (SSI) already know that their combined benefit amount will be less than two individuals in the same household who are not married and eligible for SSI benefits. This is one of Social Security’s rules that does not make sense. The agency would say that a married couple will combine resources to provide for a household, but wouldn’t two un married individuals living together in the same household do the same thing? And if so, why is the married couple eligible for $400 less in benefits every month because they are married? The maximum monthly SSI benefit rate for an individual in 2022 is $841. The maximum monthly SSI benefit rate for a married couple in 2022 is $1,261. That is $421 less per month than two unmarried SSI beneficiaries. Below is a portion of a summary from a policy paper Social Security conducted on the matter. The treatment of marriage is a frequent consideration in the discussion of government benefit policies. In the Supplemental Security Income (SSI) program, for example, two recipients married to each other receive a benefit that is one-quarter less than if they simply lived together but not as husband and wife. The treatment of marriage has been an issue in other means-tested programs as well. For example, legislation passed in 2001 reduced the marriage penalties identified with the earned income tax credit (EITC), an income supplement for low-income workers. Within that context, this paper examines SSI policy toward marital status. Although each member of an SSI married couple is guaranteed an income level equal to only 75 percent of the federal benefit rate, they are generally financially better off than SSI individuals living alone. This comparison reflects the economies of scale from sharing living expenses as well as higher incomes. However, members of the opposite sex who cohabitate and do not marry (or are not found to be representing themselves as husband and wife) are each guaranteed an income level equal to 100 percent of the federal benefit rate and generally fare better financially than SSI married couples. This paper identifies how marital status affects benefits and provides options for making the program more neutral toward marital status. The options include changes to three aspects of the SSI program: the benefit rate, income and resource exclusions, and counting spousal income and resources. There is plenty of Social Security rules related to disability programs that should be changed or that should never have existed, but this is one rule that should have been dismissed long ago. The SSI benefit rate is already too low to allow beneficiaries to provide for themselves and penalizing married couples, by more than $400 every month, is just wrong. Under this rule Social Security is influencing SSI couples not to get married so they can receive the individual maximum SSI benefit, so much for marriage incentives.

We realize it may be a stretch for ordinary people to want to keep up with the comings and goings of the Social Security Administration, but sometimes circumstances permit where someone does want to follow the latest news regarding the agency due to a possible retirement or disability interest. This blog is an ongoing piecemeal of recent stories that have involved Social Security. Some are tidbits and some are important things that should be known in the world of retirement or disability and others are just interesting stories and nothing more. Online Tool to Assist with Scheduling Appointments to File Claims Making appointments with Social Security to conduct business is never an easy proposition, but since March of 2020 the process has become even more difficult due to shutdowns and Social Security’s remote work options, but a new online tool offered by Social Security should assist with more customers being able to schedule appointments to file claims. Social Security recently announced this new option, below is more information about the project. SSA developed an online tool to allow internet users to request an appointment to file an application for benefits and to establish a protective filing date with SSA. The electronic protective filing tool will allow individuals to submit information for the appointment request using a computing device, such as a personal computer or handheld (mobile) device instead of calling SSA by phone or visiting a field office. The tool will be available to potential claimants, as well as those individuals assisting them. Although this new option will eventually be available, Social Security had not indicated when this option might be available to customers. Disability Claims more Challenging in Rural Areas A recent article offered by Blue Virginia shows that there is a significant discrepancy between Social Security disability claimants who live in urban areas as compared to rural areas. The article examines the lowest average disability approval rates by state. States that have larger rural populations are behind ones with urban populations. Below are the numbers identified in the article. Of the top 15 states with the lowest disability claim approval rates, Oklahoma (30 percent), Hawaii (30.2 percent), and West Virginia (31.9 percent) have the lowest overall approval rates. Seven of the remaining 15 states have approval rates that fall at or below 35 percent: Alabama (32.3 percent), Kentucky (32.9 percent), North Carolina (33.5 percent), New Mexico (34.4 percent), Florida (35 percent), Indiana (35.2 percent), and Maryland (35.9 percent). The other six states have marginally higher approval rates. Still, they fall below the national approval rate average of 41.7 percent: Montana (36.2 percent), Utah (36.2 percent), Arizona (36.4 percent), Mississippi (36.6 percent), Georgia (36.7 percent), and Tennessee (37.9 percent). Unfortunately, this is not a new phenomenon. People who live in more rural areas have had increased obstacles to obtaining Social Security disability benefits. As identified in the article, many people who live in rural areas face a lack of transportation options and limited medical treatment options, which are likely to contribute to the discrepancy among urban and rural claimants.

We finally received some news on a definitive date in which the Social Security Administration will execute a reentry plan for employees to return to the office. This is not the end of telework for Social Security employees, but a new telework schedule will be offered to most employees. This is good news for anyone who felt they needed in-person service at a Social Security office, but have not been able to get it. Since March of 2020 Social Security closed all of its offices to visitors. At that point, due to the COVID-19 pandemic, many businesses moved to allowing employees to work from home, including at Social Security. Most businesses have moved to bring back employees to their place of work, but Social Security has not and will have another two months to work on the reentry plan that is expected to take action at the end of March. Last week Acting Social Security Commissioner Kilolo Kijakazi sent a message to all Social Security employees regarding the reentry plan. One of the big sticking points for executing the reentry plan was the agency’s need to come to an agreement with the three different labor unions that represent Social Security employees. It appears that all sides are in agreement with the plan, but Kijakazi did not offer many details, only that an agreement was reached and telework is a part of that agreement. Below is the message the acting commissioner sent to employees on January 21, 2022. A Message to All SSA Employees On Wednesday, I shared that we reached agreement with our three labor unions.  I have additional updates to share about timing. We are planning reentry and the implementation of new telework schedules for most employees on March 30, 2022.  This date allows us to ensure that the necessary measures are in place to keep you and the public safe, is consistent with our union agreements, and gives us time to provide you with appropriate notice of return. I appreciate your patience while we continue to work through the reentry process.  In early February, your managers will talk with you about telework eligibility and the days for your position, as well as explain next steps including when and how to request telework. We anticipate that field offices will restore increased in-person service to the public, without an appointment, in early April.  As we expand the availability of in-person service, we will continue to encourage the public to go online, call us for help if they cannot complete their business online, and schedule appointments in advance.  Customers who walk in without appointments may encounter delays. We will begin limited in-person hearings in March with our management judges and plan to expand in-person hearings in the spring and early summer based on required notice to affected claimants. Please plan according to the dates above.  We will continue to monitor the course of the pandemic, and our reentry plan allows us respond to changing pandemic conditions. I will continue to share updates as we move forward with our preparations for reentry. Kilolo Kijakazi Acting Commissioner

We realize it may be a stretch for ordinary people to want to keep up with the comings and goings of the Social Security Administration, but sometimes circumstances permit where someone does want to follow the latest news regarding the agency due to a possible retirement or disability interest. This blog is an ongoing piecemeal of recent stories that have involved Social Security. Some are tidbits and some are important things that should be known in the world of retirement or disability and others are just interesting stories and nothing more. No Time Limit on Acting Commissioner There has been some chatter about how long current Acting Social Security Commissioner Kilolo Kijakazi can serve in that role without being nominated and confirmed as the Social Security commissioner. There was some concern that the Federal Vacancies Reform Act would limit Kijakazi’s stay as acting commissioner, but the Government Accountability Office said that Act does not prevent Kijakazi’s stay as acting commissioner because of the Social Security Act. Below is the decision from the GAO. DECISION This responds to a congressional request regarding the legality of Dr. Kilolo Kijakazi’s service as Acting Commissioner of Social Security at the Social Security Administration (SSA).[1]  As explained below, we conclude that Dr. Kijakazi is lawfully serving as the Acting Commissioner under section 702(b)(4) of the Social Security Act.  See 42 U.S.C. § 902(b)(4).[2]  Neither the Vacancies Act’s time limitations on acting service nor the restrictions on performance of the position’s functions and duties apply to Dr. Kijakazi.   In accordance with our regular practice, we contacted SSA to seek factual information and its legal views on this matter.[3]  SSA responded with its explanation of the pertinent facts and legal analysis.[4]  SSA also provided a copy of the President’s designation of Dr. Kijakazi as Acting Commissioner.[5] Biden Names Lewis to Social Security Board President Joe Biden recently nominated Sharon Lewis to the Social Security Advisory Board. Lewis, who currently works for Principal Health Management Associates working with clients on publically funded health care, served in the U.S. Department of Health and Human Services from 2010-2016. Below is a short background on Lewis’ prior responsibilities. Lewis served in multiple leadership roles at the U.S. Department of Health and Human Services (HHS) from 2010-2016, including Principal Deputy Administrator of the Administration for Community Living, Senior Disability Policy Advisor to the HHS Secretary, and Commissioner of the Administration on Intellectual and Developmental Disabilities. At HHS, Lewis established initiatives to improve employment outcomes for people with disabilities, championed efforts to develop alternatives to guardianship, promoted Olmstead enforcement and Medicaid policy reform to ensure community integration for older adults and people with disabilities, and sought to improve support for family caregivers, among other efforts. Lewis also served on the U.S. Department of Education agency review team during the 2008 Presidential transition. From 2007-2010, Lewis served as Senior Disability Policy Advisor to the U.S. House Committee on Education and Labor, and as a Joseph P. Kennedy Public Policy Fellow for the U.S. Senate HELP Subcommittee on Children and Families. Social Security Conducts Forum on Programs for LGBTQIA Communities Social Security’s National Disability Forum on equitable access to Social Security programs focused on programs for the LGBTQIA+ community in an effort to educate about the different types of programs the agency offers. The forum was held February 4, 2022. Below is a description of the event’s focus. The purpose of this forum is to learn from stakeholders, advocates, researchers, medical experts, and the public how SSA can provide equitable access to the LGBTQIA+ communities to our disability programs. The discussion topics are: Challenges gender diverse individuals face in finding and receiving healthcare; Challenges gender diverse individuals face accessing SSA programs; Self-attestation of gender markers; Challenges gender diverse individuals face in finding work or re-entering the workplace; and Issues gender-diverse children face.

A recent news story from the Federal News Network focused on the recent approach by President Joe Biden’s administration to get federal employee feedback on employee engagement, the pandemic and plans to return to the office, and equity and inclusion. Any time a survey is done there is typically some bad that comes with the good, but a telling part of this survey is the lack of employee satisfaction at the Social Security Administration. Workers from all agencies participated in the survey, but Social Security employees, more so than other agencies, expressed frustration with high workloads and identified exhaustion as common when it comes to their jobs. Social Security continues to be understaffed and it is likely to be a reason for high workloads and exhaustion. Below is a portion of the study that addresses Social Security employee concerns as identified by the Federal News Network. Most responses from the federal workforce, as a whole, generally fell between “neutral” and “somewhat agree” for most of the survey’s prompts. Going deeper into the responses, however, agencies and their components showed the most variation on responses about whether leadership was doing a good job protecting employees’ health, safety and wellbeing. Employees at DoD, the Education Department, the Department of Housing and Urban Development and SSA said they were the most likely to take a different job with more remote work options or workplace flexibilities. Aside from feedback on return-to-office plans, federal employees on average gave the highest ratings to having someone at work they could talk to about their day-to-day problems, and agency leadership showing they value diversity and inclusion goals in the workplace. Employees at SSA, followed by the Veterans Affairs Department and USAID, were more likely than employees at other agencies to feel exhausted in the morning at the thought of another day of work. Employees at DHS and SSA said they were most likely to take another job that offered the same pay and benefits as their current position. Respondents who work at SSA, followed by USAID, gave the lowest marks to the reasonableness of their workloads.  

We realize it may be a stretch for ordinary people to want to keep up with the comings and goings of the Social Security Administration, but sometimes circumstances permit where someone does want to follow the latest news regarding the agency due to a possible retirement or disability interest. This blog is an ongoing piecemeal of recent stories that have involved Social Security. Some are tidbits and some are important things that should be known in the world of retirement or disability and others are just interesting stories and nothing more. Workshop on Social Security and COVID-19 March 21-22 There have been some discussions on how COVID-19 impacts some people where they develop long-term symptoms and impairments, which can make it difficult to maintain fulltime employment. If a person is unable to maintain gainful employment due to lasting effects of COVID-19 they could be eligible for Social Security disability benefits. Because COVID-19 is such a new virus it is difficult to understand the long-term impacts some people suffer from, but a Social Security workshop on the subject, scheduled for March 21 and 22, will analyze how long-term impacts might effect a person’s ability to work. Below is the announcement for the upcoming workshop. A planning committee of the National Academies of Sciences, Engineering, and Medicine will hold a public workshop to explore the long-term and potentially disabling health effects stemming from COVID-19 infection and how they might impact survivors’ ability to work. This two-day virtual workshop, sponsored by the U.S. Social Security Administration, will bring together invited experts to discuss a range of topic areas including: Overview of long COVID, characteristics of the population affected, and research initiatives underway Postacute sequelae of SARS-COV-2 infection and implications for recovery Experiences of long COVID patients and their caregivers Long-term impairments from COVID-19 and effects on work-related functioning Best practices to improve recovery and potential future advancements in knowledge Update on Social Security Benefits and Student Loans Last week it was announced that the U.S. Department of Education has suspended the seizure of tax refunds and Social Security payments to satisfy students who have defaulted on their student loans until November of 2022. A recent story from CNBC reported that close to 9 million people have defaulted on their student loans, which means they have fallen at least 270 days behind on payments. The suspension of seizing these benefits was developed to provide some relief due to the COVID-19 pandemic. The reprieve was supposed to end May 1, 2022, but now will be extended to November. The following information was found on the Department of Education website in response to the change. “This policy means you won’t lose money from certain government payments, such as the child tax credit, Social Security payments, and tax refunds for the 2022 tax season.” Millions of people in the country are unable to pay student loans and the question will be is the Department of Education looking at more permanent fixes to a policy that has seen so many people default on student loans?

A recent study conducted by BMJ, a medical research group, shows some evidence that new mental health disorders diagnosed in Long COVID-19 patients may not be a coincidence. During the study, BMJ analyzed records of more than 150,000 COVID-19 patients in the Veterans Health Administration, who prior to having COVID-19 reported no mental health diagnosis. Post COVID-19 infection showed that people who had COVID-19 were 39 percent more likely to be diagnosed with Depression and 35 percent more likely to be diagnosed with anxiety. This is striking research that shows how much we still do not know about COVID-19. The full report can be viewed here. Below is a shorter version of the research that includes some of the more important findings by BMJ. Our research catalogues the breadth of post-acute mental health outcomes experienced by people with COVID-19 including depression, anxiety, and stress and adjustment disorders. There was also evidence of increased risk of substance use disorders, neurocognitive decline, and sleep problems. These risks were evident even among those people whose disease was mild and did not require hospital admission for covid-19. Altogether, the findings suggest that people with COVID-19 are experiencing increased rates of mental health outcomes, which could have far-reaching consequences. The increased risk of opioid use is of particular concern, especially considering the high rates of opioid use disorders pre-pandemic. The increased risks of mental health outcomes in people with COVID-19 demands greater attention now to mitigate much more serious downstream consequences in the future. Some may use our findings to gaslight or dismiss long covid as a psychosomatic condition or explain the myriad manifestations of long covid as the result of mental illness. This dismissal is contrary to scientific evidence and is harmful to patients and communities. Mental health disorders represent one part of the multifaceted nature of long covid which can affect nearly every organ system (including the brain, heart, and kidneys). Our results should be used to promote awareness of this risk among people with COVID-19 and to guide efforts for the early identification and treatment of affected individuals.

We realize it may be a stretch for ordinary people to want to keep up with the comings and goings of the Social Security Administration, but sometimes circumstances permit where someone does want to follow the latest news regarding the agency due to a possible retirement or disability interest. This blog is an ongoing piecemeal of recent stories that have involved Social Security. Some are tidbits and some are important things that should be known in the world of retirement or disability and others are just interesting stories and nothing more. No Time Limit on Acting Commissioner There has been some chatter about how long current Acting Social Security Commissioner Kilolo Kijakazi can serve in that role without being nominated and confirmed as the Social Security commissioner. There was some concern that the Federal Vacancies Reform Act would limit Kijakazi’s stay as acting commissioner, but the Government Accountability Office said that Act does not prevent Kijakazi’s stay as acting commissioner because of the Social Security Act. Below is the decision from the GAO. DECISION This responds to a congressional request regarding the legality of Dr. Kilolo Kijakazi’s service as Acting Commissioner of Social Security at the Social Security Administration (SSA).[1]  As explained below, we conclude that Dr. Kijakazi is lawfully serving as the Acting Commissioner under section 702(b)(4) of the Social Security Act.  See 42 U.S.C. § 902(b)(4).[2]  Neither the Vacancies Act’s time limitations on acting service nor the restrictions on performance of the position’s functions and duties apply to Dr. Kijakazi.   In accordance with our regular practice, we contacted SSA to seek factual information and its legal views on this matter.[3]  SSA responded with its explanation of the pertinent facts and legal analysis.[4]  SSA also provided a copy of the President’s designation of Dr. Kijakazi as Acting Commissioner.[5] Biden Names Lewis to Social Security Board President Joe Biden recently nominated Sharon Lewis to the Social Security Advisory Board. Lewis, who currently works for Principal Health Management Associates working with clients on publically funded health care, served in the U.S. Department of Health and Human Services from 2010-2016. Below is a short background on Lewis’ prior responsibilities. Lewis served in multiple leadership roles at the U.S. Department of Health and Human Services (HHS) from 2010-2016, including Principal Deputy Administrator of the Administration for Community Living, Senior Disability Policy Advisor to the HHS Secretary, and Commissioner of the Administration on Intellectual and Developmental Disabilities. At HHS, Lewis established initiatives to improve employment outcomes for people with disabilities, championed efforts to develop alternatives to guardianship, promoted Olmstead enforcement and Medicaid policy reform to ensure community integration for older adults and people with disabilities, and sought to improve support for family caregivers, among other efforts. Lewis also served on the U.S. Department of Education agency review team during the 2008 Presidential transition. From 2007-2010, Lewis served as Senior Disability Policy Advisor to the U.S. House Committee on Education and Labor, and as a Joseph P. Kennedy Public Policy Fellow for the U.S. Senate HELP Subcommittee on Children and Families. Social Security Conducts Forum on Programs for LGBTQIA Communities Social Security’s National Disability Forum on equitable access to Social Security programs focused on programs for the LGBTQIA+ community in an effort to educate about the different types of programs the agency offers. The forum was held February 4, 2022. Below is a description of the event’s focus. The purpose of this forum is to learn from stakeholders, advocates, researchers, medical experts, and the public how SSA can provide equitable access to the LGBTQIA+ communities to our disability programs. The discussion topics are: Challenges gender diverse individuals face in finding and receiving healthcare; Challenges gender diverse individuals face accessing SSA programs; Self-attestation of gender markers; Challenges gender diverse individuals face in finding work or re-entering the workplace; and Issues gender-diverse children face.

In January of 2022 Social Security’s employee unions reached a deal with the agency to commence with a reopening plan to get employees back in Social Security offices by the end of March 2022. Negotiations are ongoing about the reopening particulars so no one really knows what Social Security’s reopening plan will look like. Below is the announcement from Acting Social Security Commissioner Kilolo Kijakazi indicating the agency had agreed on a reopening plan with its employee unions. “I am very pleased to share that we have successfully reached agreement with our three labor unions on our reentry plan. This will be a significant step toward improving access to our services as we implement this plan. I want to thank our labor representatives for working with management to achieve this outcome, which will help us better serve the public. I also want to thank the public and our employees for their patience during this unprecedented time. I know the public will have questions about what this means to them. For now, you should continue to reach us online at www.socialsecurity.gov or by calling our National 800 Number or your local office. We will let you know when we are able to restore additional services.” Since March of 2020 Social Security offices have been pretty much closed to the public due to the COIVD-19 pandemic and no in-person service was available at field offices for two years, but hopefully that is going to change within the next few months. Employee union representatives are still concerned about safety protocols should all Social Security employees be required to return to the office on a full-time basis, but that is not likely as the agreement reached does provide for a portion of telework for most Social Security employees. Telework is the term Social Security used to refer to employees working from home. The Federal News Network recently reported the ongoing negotiations between the agency and employee unions. That story can be found here. In the story Social Security talked to Mark Hinkle, Social Security’s press officer who said the agency still plans to bring back employees to SSA offices at the end of March, but that plan is “dependent on the course of the pandemic.” Few people expect Social Security to return to business as usual and go back to operating prior to the pandemic. After all, the pandemic has not ended, although there are positive signs that it has been relenting for the past few weeks, but no one knows when another COVID variant might pop up. Either way, expect some pushback from employees who have requested that the agency include telework options within a reopening plan. In the article, Angela Digeronimo, a vice president of one of the employee unions said she understands the need for SSA to reopen, but safety of SSA employees need to be considered. “We weren’t really discussing meat-and-potato issues. What we want to talk about is health and safety, how are people going to go back into the offices and be safe, and also keep the public safe, especially in the field offices,” Digeronimo was quoted in the story.