Legal News

General Info, Legal News, SSDI

The Latest With Social Security

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. Members of Congress Want Details On Reopening In a bipartisan effort to get answers to when Social Security field offices might open up to the public to provide crucial services, U.S. Rep. John Katko, R-New York and U.S. Rep. Kathleen Rice, D-New York have called on the Social Security Administration to provide information on the agency’s plans to provide ongoing services to the public during the pandemic and to provide more information about when Social Security office may open again for in-person services. Specifically, Katko, in a written letter to Kilolo Kijakazi, Social Security’s acting commissioner, the congressman wanted the following areas addressed. With these concerns in mind, please respond to the following: What is SSA’s timeline and plan for reopening Social Security field offices? While we understand there are limited in person appointments available, what is the plan for expanding these appointments until SSA field offices reach full capacity? What precautions will SSA take to ensure the safety of staff and individuals seeking in-person services through the duration of the COVID-19 pandemic? Thank you for your attention to this critical matter. Your swift response to these important questions will help to alleviate the concerns of many Social Security beneficiaries across the country. Speaking Of The Commissioner On July 9, 2021 Andrew Saul was removed as commissioner of the Social Security Administration. Saul was replaced by Kilolo Kijakazi who is now serving as the agency’s acting commissioner with no news about President Joe Biden nominating a permanent replacement for the top job at Social Security. Having an acting commissioner at Social Security is not entirely a new thing. Prior to Donald Trump being elected President in 2016 Carolyn Colvin served as the agency’s acting commissioner through the end of Barack Obama’s administration. But, considering Biden has more than three years left on his term as president it may be time to have some stability at the top of the Social Security Administration in a permanent Social Security commissioner. There have been several names that have been offered as possible nominations for a permanent Social Security commissioner, but Biden and his administration have been rather quiet on nominating a new commissioner. It might be that the Biden Administration is planning on taking its time with this nomination due to the uncertainty about when Social Security will finally open up field offices for service and the administration wants that action plan in place before nominating a new commissioner.

General Info, Legal News, SSA, SSDI

Backlogs Increasing At DDS

A new report issued by Social Security’s Inspector General ‘s office confirmed that the state agencies that are charged with making disability determinations on Social Security disability claims, during the early stages of the process, are receiving less applications to process yet wait times on determinations have increased. The report indicates this trend is likely related to the COVID-19 pandemic, but the Inspector General’s report also concluded another report is likely needed to determine why DDS is receiving less claims and taking longer, but wait times are increasing. One factor that might play a role in backlogs at DDS are the need to send claimants to medical examinations to help make a disability determination, but the number of consultative examinations (CEs) being scheduled by DDS is also down. Many claims were delayed because of COVID-19 and a reduced ability by DDS to find safe types of CE examinations during a pandemic. We are likely to see more delays until the pandemic is behind us, but that is not going to happen anytime soon. Below are the key findings of the Inspector General’s report. Objective To summarize information about State disability determination services’ (DDS) workloads during the COVID-19 pandemic period of April 2020 to March 2021 and compare it to DDS workloads in prior years. Background Once a claimant files a disability application, a Social Security Administration (SSA) field office employee determines whether the individual meets the non-disability criteria for benefits. If the claimant meets these requirements, the employee forwards the claim to the DDS in the State that has jurisdiction for the disability determination. On March 11, 2020, the World Health Organization declared COVID-19 a pandemic. On March 17, 2020, SSA closed its offices to the public. State DDSs experienced periodic closures related to the COVID-19 pandemic. As a result, SSA authorized DDSs to allow their employees to continue processing disability claims from home. From SSA’s Office of Disability Determinations’ Management Information dashboard, we obtained State DDS workload information for initial claims, reconsiderations, and continuing disability reviews (CDR). Conclusions Although the DDSs experienced some increases/decreases in their workload categories from year to year for the period April 2016 through March 2021, the largest year-to-year changes occurred from the COVID-19 period of April 2020 to March 2021 compared to the prior-year period (April 2019 to March 2020). DDSs received 15.9 percent fewer initial claims during the COVID-19 period compared to the prior-year period. Additionally, SSA sent 40.2 percent fewer CDRs to the DDS during the COVID-19 period compared to the prior-year period. Despite the decrease in initial claims, DDS processing times increased during the COVID-19 period, which indicates claimants waited longer for DDSs to make medical determinations. Furthermore, even though receipts decreased for initial claims, reconsiderations, and CDRs, the pending workloads for these groups increased—which indicates the DDSs could not keep pace with workloads received. Finally, we noted that DDSs significantly decreased the use of consultative examinations; however, allowance/continuance rates remained relatively the same when comparing the COVID-19 period to the prior-year period. We plan to conduct an additional review to determine why some DDS workload categories significantly changed in the COVID-19 period compared to prior-year period.

Demystifying, General Info, Legal News, SSA, SSDI

Examining The Function Report

Once a claimant submits an application to the Social Security Administration for consideration the responsibilities of the claimant are not over. The claimant is likely going to have to complete some paperwork before the claim is properly considered and that is when the Function Report comes into play. Each state’s Disability Determination agency is in charge of making a disability decision at the early levels of a claim and that agency is interested in the claimant’s day-to-day functioning. Below is a description of the Function Report that claimants are asked to complete. When is it Required? DDS requires the completion of the SSA-3373 when they do not have enough information in the medical records to determine whether the person’s impairments are keeping them from being able to function in a work environment. Some state DDS offices will require an SSA-3373 with every application. Many states will accept a Medical Summary Report (MSR) with a comprehensive description of functioning in place of the official form. Check with the DDS requirements in your state. Completing the SSA-3373 It is important to complete the SSA-3373 in the applicant’s own words. Describe their struggles on their worst days. The applicant needs to describe specific scenarios using open-ended questions. Always expand on the Yes/No answers with more detailed explanations. You may be able to use information gathered from the MSR worksheet to help complete the questions on the SSA-3373. When answering the questions re medications, include prescription and non-prescription medications and focus on the side effects experienced. Utilize the Remarks section and additional pages to provide additional description and examples. Submitting the SSA-3373 Fax the form back to the DDS examiner using the provided bar-coded cover sheet. In some states the SSA-3373 is required for all applications; in these instances complete the report and submit with your complete application packet.

General Info, Legal News, SSA, SSDI

Survey Shows SSA Needs To Boost Online Customer Usage

The Center for Retirement Research at Boston College routinely conducts surveys and studies focused on the Social Security Administration and a recent survey conducted showed that Social Security would benefit if more customers were using online tools to conduct business, especially considering current limited service options that were established in March 2020 due to the COVID-19 pandemic. The problem, the survey found, is that even though Social Security has invested in web-based tools to allow customers to conduct business online that not enough recent and soon-to-be retirees have bought into applying for benefits and managing accounts online. Considering customer service options are limited due to Social Security offices remaining closed it is all more important for Social Security to develop ways to increase online usage. Below is a summary of the research conducted by the Center for Retirement Research at Boston College. The Survey About 60 percent of respondents submit (or intend to submit) their benefit application online, but only 43 percent claim (or intend to claim) benefits completely online – that is, claim benefits without interacting with an SSA representative by phone or in-person during the process. Reasons for contacting SSA rep during the claiming process included 1) distrust of online tools and a preference for in-person interactions, 2) obstacles to using SSA’s online services – such as data errors or a general lack of awareness of SSA’s online tools, 3) straightforward inquiries about benefits – most of which could probably be handled online, and 4) more complex inquiries regarding things like spousal benefits or the tax implications of receiving SS income. In general, younger respondents were more likely to exhibit a high level of comfort with online financial services. Policy Implications Only 70 percent of the roughly 50 percent currently submitting online benefit applications – about 35 percent of retirees – claim completely online. The share of retirees who claim completely online could be increased significantly through policies that 1) help more retirees find answers to their basic inquiries online and 2) reduce the impediments retirees encounter when they do try to use SSA’s online tools. These policies, combined with the incremental impact from greater comfort with online services among younger cohorts, could increase the share of retirees claiming completely online by about 20 percentage points in ten years.

General Info, Legal News, SSA, SSDI

Report From OIG Shows Vocational Rehabilitation Not Very Effective

After it has been determined by the Social Security Administration that a claimant for Social Security disability benefits is disabled and unable to maintain gainful employment and benefits are awarded that is not necessarily the end of the claim. Social Security continues to work with vocational rehabilitation agencies in the country to try and get some beneficiaries back to work and off of benefits, but a new report from the Office of Inspector General (OIG) for Social Security shows that beneficiaries who receive vocational services have less successful work outcomes than beneficiaries who don’t receive services. This report confirms that vocational rehabilitation services are not an effective tool to get people back to work and that significant changes are needed. When the success rate for a program is below 40 percent it is time to evaluate the vocational rehabilitation process. One of the issues with the vocational rehabilitation process is that not every Social Security disability beneficiary is offered vocational rehabilitation services and many are turned away from the program. The OIG sent the report to Social Security, which agreed with the report’s findings. Below is a summary of the report issued by the OIG’s office October 13, 2021. Objective To determine whether beneficiaries who received Vocational Rehabilitation (VR) services attribute those services to their work-related outcomes. Background VR provides an individual who has a physical or mental impairment the support he/she needs to become employed or maintain employment. VR agencies in each State or U.S. territory administer the VR program to help individuals with impairments become gainfully employed. While prior Office of the Inspector General reports have noted work outcomes after beneficiaries received VR services, they could not definitively link the outcomes to the VR services. For this report, we surveyed 250 beneficiaries with successful and 250 beneficiaries with unsuccessful work outcomes after receiving VR services to determine whether they attributed those services to their work related outcomes. Findings More beneficiaries in our population had unsuccessful work outcomes after they received VR services than those who had successful outcomes – 62 percent did not have successful work outcomes while 38 percent did. The beneficiaries with successful work outcomes were more likely to attribute the VR services they received to their work-related outcomes. The beneficiaries with unsuccessful work outcomes did not find VR services as helpful. Some indicated they did not receive sufficient help from the VR agencies or counselors. The VR agencies are an important part of beneficiaries’ efforts to return to work. While SSA reimburses VR agencies for services provided, the Agency does not have authority over the quality of those services. However, SSA regularly meets with State VR agencies to discuss reimbursement policy and practices, so it has opportunities to discuss concerns raised in our survey results with the State agencies. Recommendation We recommend SSA inform State VR agencies about the results of our survey, especially the survey responses that suggest VR services were not fully effective in assisting beneficiaries to gainful employment. SSA agreed with our recommendation.  

Demystifying, General Info, Legal News, SSA, SSDI

COLA Increase Influences Social Security Bill

After it was announced that Social Security’s annual cost-of-living increase (COLA) would be 5.9 percent in 2022 for beneficiaries, the largest increase in the last 40 years, it signaled the right time for members of Congress to introduce Social Security 2100: A Sacred Trust for consideration. U.S. Rep. John Larson, D-Connecticut said he plans to introduce the Social Security bill on the heels of the 2022 COLA announcement. The bill would permanently change the COLA formula for future years, repeal the agency’s Windfall Elimination Provision (WEP) and provide for benefit increases. Larson recently announced his plans to introduce the bill. Through a press release, Larson said the time was right to permanently fix Social Security’s issues. “While this year’s Cost of Living Adjustment (COLA) is welcome news, it only further underscores the need for Congress to act on Social Security. It has been more than 50 years since Congress has improved Social Security benefits. Seniors are suffering – five million are living below the poverty line – current Social Security benefits are not enough! The COLA simply protects benefits against losing their purchasing power over time when the cost of rent, food, and other expenses increase, and is partially consumed by Medicare premiums,” said Larson. “Congress has failed seniors and that needs to change. Next week we will be introducing the bill, Social Security 2100: A Sacred Trust, to strengthen Social Security and expand benefits. The time is now to enhance Social Security.” Many have talked about changing how Social Security determines the COLA increase each year because currently the increase is based on a form of inflation. When inflation increases in certain areas the COLA increase is larger and when inflation is low then the COLA is less than when inflation is higher.  

Legal News, SSA, SSDI

Senate Committee Holds SSI Hearing

The Senate Finance Committee held a hearing on policy options in an effort to improve the Supplemental Security Income (SSI) program. Information from the announcement provides resources so that people interested in providing feedback to the committee will still be able to do so and you can see that information below and access testimony replay links of the hearing here. A reminder, SSI is a needs-based program that provides monthly benefits to the elderly and people who have been found disabled. Pursuant to guidance from the CDC and OAP, Senate office buildings are not open to the public other than official business visitors and credentialed press at this time. Accordingly, in-person visitors cannot be accommodated at this hearing. We encourage the public to utilize the Committee’s livestream of the hearing, available on the website at https://www.finance.senate.gov/. The lineup of witnesses that spoke at the hearing included: Elizabeth Curda Director, Education, Workforce, And Income Security United States Government Accountability Office Washington , DC Stephen G. Evangelista Deputy Commissioner For Retirement And Disability Policy Social Security Administration Baltimore , MD Mia Ives-Rublee Director, Disability Justice Initiative Center for American Progress Washington , DC Kathleen Romig Senior Policy Analyst Center on Budget and Policy Priorities Washington , DC Any individual or organization wanting to present their views for inclusion in the hearing record should submit in a Word document, a single-spaced statement, not exceeding 10 pages in length. No other file type will be accepted for inclusion. Title and date of the hearing, and the full name and address of the individual or organization must appear on the first page of the statement. Statements must be received no later than two weeks following the conclusion of the hearing. Statements can be emailed to: Statementsfortherecord@finance.senate.govStatements should be mailed (not faxed) to: Senate Committee on Finance Attn. Editorial and Document Section Rm. SD-219 Dirksen Senate Office Bldg. Washington, DC 20510-6200

General Info, Legal News, SSA, SSDI

Emergency Assistance Can Impact SSI Benefits

As we continue to endure the economic impact of the COVID-19 pandemic many people are still struggling to make house payments or rent because they are unable to work due physical or mental health impairments, but outside assistance remains available. Many people who are unable to work due to impairments are receiving Supplemental Security Income (SSI) benefits. Because SSI is a financial needs-based program for people who have medical conditions, the Social Security Administration considers to be disabling, any extra financial assistance received could impact SSI benefits, so it is important to know that ahead of time before you seek out housing assistance and if you are receiving SSI payments. Social Security has provided the following information to inform beneficiaries of the different types of assistance available and how that assistance could impact your SSI benefits. Help is available for homeowners and renters during the Coronavirus national emergency. You may qualify for financial assistance if you are struggling to pay your mortgage or rent. Federal, state, and local governments are offering help with housing expenses and avoiding eviction. Learn what financial and other help is available by selecting a button below to visit the Consumer Financial Protection Bureau’s website. Financial assistance often can affect a person’s eligibility for Supplemental Security Income (SSI) or affect their monthly SSI payment amount. However, the Social Security Administration will not count emergency financial assistance received from the programs and funds listed below against an SSI recipient’s eligibility or payment amount. Financial assistance not listed below may affect SSI eligibility or payment amount. Emergency Rental Assistance Fund Emergency Assistance for Rural Housing/Rural Rental Assistance Homeowner Assistance Fund Housing Assistance and Supportive Services Programs for Native Americans To learn about energy assistance for renters click here. To learn about energy assistance for homeowners click here.

Demystifying, General Info, Legal News, SSA, SSDI

Saul Calls Foul On His Firing

Since President Joe Biden removed Andrew Saul as Social Security’s commissioner the former commissioner has been relatively quiet even though he initially claimed that Biden did not have the authority to fire him. Saul is now speaking up and recently wrote an op ed that was published by the Wall Street Journal. In it, Saul claimed that it was partisan employee unions that were responsible for his ousting. There is no doubt Social Security employee unions were no fan of Saul and put pressure on the Biden Administration to remove him, but Saul’s claim that he ran the administration in a nonpartisan fashion is simply not true. Saul made it clear he was no fan of the unions and under his leadership Social Security made several moves that made it even more difficult to qualify for Social Security disability benefits. Below is a portion of what Saul wrote in the Wall Street Journal. To view the entire op ed click here. The name of the Social Security Administration’s commissioner isn’t one most Americans would recognize. This is largely by design. Congress, presidents from both parties, and previous commissioners have made it a point to ensure the commissioner’s role remains nonpartisan. That is why President Biden’s decision to fire me is so unsettling. I was only two years into my six-year term as SSA commissioner. By targeting me, the administration has politicized the SSA. The Social Security Independence and Program Improvements Act of Since President Joe Biden removed Andrew Saul as Social Security’s commissioner the former commissioner has been relatively quiet even though he initially claimed that Biden did not have the authority to fire him. Saul is now speaking up and recently wrote an op ed that was published by the Wall Street Journal. In it, Saul claimed that it was partisan employee unions that were responsible for his ousting. There is no doubt Social Security employee unions were no fan of Saul and put pressure on the Biden Administration to remove him, but Saul’s claim that he ran the administration in a nonpartisan fashion is simply not true. Saul made it clear he was no fan of the unions and under his leadership Social Security made several moves that made it even more difficult to qualify for Social Security disability benefits. Below is a portion of what Saul wrote in the Wall Street Journal. To view the entire op ed click here. The name of the Social Security Administration’s commissioner isn’t one most Americans would recognize. This is largely by design. Congress, presidents from both parties, and previous commissioners have made it a point to ensure the commissioner’s role remains nonpartisan. That is why President Biden’s decision to fire me is so unsettling. I was only two years into my six-year term as SSA commissioner. By targeting me, the administration has politicized the SSA. The Social Security Independence and Program Improvements Act of 1994 brought the SSA out from under the Department of Health and Human Services and made it an independent agency. The law established that an SSA commissioner “may be removed from office only pursuant to a finding by the president of neglect of duty or malfeasance in office.” The email asking for my resignation gave no reason for termination. Throughout my career, I have worked under both Democratic and Republican administrations to serve the American people. Presidents George W. Bush and Barack Obama trusted me to serve as chairman of the Federal Retirement Thrift Investment Board. SSA commissioners, given their term length, have served different administrations in the past. Following his 2007 appointment by Mr. Bush, Commissioner Michael Astrue served through Mr. Obama’s first term and into his second. Mr. Biden should remember this well since he was vice president at the time. 1994 brought the SSA out from under the Department of Health and Human Services and made it an independent agency. The law established that an SSA commissioner “may be removed from office only pursuant to a finding by the president of neglect of duty or malfeasance in office.” The email asking for my resignation gave no reason for termination. Throughout my career, I have worked under both Democratic and Republican administrations to serve the American people. Presidents George W. Bush and Barack Obama trusted me to serve as chairman of the Federal Retirement Thrift Investment Board. SSA commissioners, given their term length, have served different administrations in the past. Following his 2007 appointment by Mr. Bush, Commissioner Michael Astrue served through Mr. Obama’s first term and into his second. Mr. Biden should remember this well since he was vice president at the time.

Demystifying, General Info, Legal News, SSA, SSDI

Steps Social Security Is Taking To Address The Disability Claims Backlog

When the term backlog is used when discussing a Social Security disability case it usually meant the backlog of cases that were waiting for a hearing before an Administrative Law Judge (ALJ). Claimants were waiting sometimes 18 months or longer before they could appear before an ALJ, but Social Security has improved wait times for hearings and now there is another problem. The backlog problem is now at the initial application level and Social Security officials are indicating the COVID-19 pandemic played a large part in creating this backlog. Since March of 2020 Social Security offices closed to the public and it slowed things down. One area this we most evident was at Disability Determination Services (DDS), the state agencies that issue decisions on initial disability applications. President Joe Biden’s plan to increase Social Security funding could have a direct impact on the backlog. Below is an outline of how Social Security might be able to solve the problem with increased funding. To Problem Disruptions due to the pandemic caused a backlog of initial disability cases. Between September 2019 and April 2021, the backlog grew by approximately 115,000 cases. While applications for benefits were lower than we projected prior to the pandemic, our pending level of cases rose significantly because we were not able to complete as many cases. It was difficult to complete disability cases due to a reduced number of medical providers to conduct CEs, an inability to reach individuals by phone, and a lag in receiving mailed documents. These factors, along with the operating adjustments made to safely serve the public, reduced our ability to complete our workloads and contributed to increased backlogs and wait times. The Solution We must work down this backlog while also handling an increase in disability applications that we project to see in the second half of FY 2021 and in FY 2022. We received nearly 190,000 fewer applications in FY 2020 than we expected. We expect many of these individuals to apply for benefits as we emerge from the pandemic. During the pandemic, some people may have been isolated from the community groups who would normally assist them and provide them with information about our programs. We are conducting outreach to reach these vulnerable communities who may be eligible. In FY 2021, we are replacing DDS staff losses and providing an additional 1,300 hires to position the DDSs to address the disability claims backlog and a potential spike in claims. The Budget will support maintaining these new hires in FY 2022 and fund increased overtime for a total FY 2022 increase of nearly 1,400 work years or 10 percent, allowing us to significantly increase our capacity to process disability claims. Compared to FY 2020, we plan to complete nearly 300,000 more claims in FY 2021 and over 700,000 more claims in FY 2022. However, the backlog will continue to grow until we work through the influx of initial claims, which will require a multi-year effort.

Scroll to Top