The Social Security Forum

Just Ask Jennifer: A Lot Going On At The Moment

February 27, 2025

Jennifer Cronenberg, NOSSCR Senior Counsel and Director of Legal Information

I started this article last Friday, providing detailed responses to the many outstanding questions from last week’s NOSSCR check-in session. But as I reviewed the article for today’s publication, I realized that things are moving so quickly with this administration, that many of the answers were already outdated. So instead, I offer you this — here’s what we know:

  • Lee Dudek is now the Acting Commissioner of Social Security. NOSSCR has a longstanding good working relationship with the Acting Commissioner, and we are encouraged by his early commitment to “engage directly with key outside stakeholders on topics including, protecting the integrity of our programs and identifying opportunities for efficiencies such as program simplification and technology.”
  • Gina Clemons, previously the Deputy Commissioner for the Office of Analytics, Review, and Oversight (OARO) (and the Acting Commissioner’s former boss), will now oversee engagement with outside stakeholders, including advocates and members of the representative community. OARO is undergoing an “organizational realignment,” moving prior OARO functions to other parts of the agency in order to “streamline layers of management, increase data sharing with essential Social Security components, and speed the opportunities to identify fraud, waste, and abuse and implement needed solutions.” NOSSCR has always enjoyed a positive working relationship with Gina. She understands the need to make adjudication more efficient, and has previously worked closely with us towards improved operations.
  • NOSSCR will join other advocacy groups next week in DC to meet with the Acting Commissioner and Gina Clemons to discuss the current state of things and advocate for advancing our shared priorities.
  • The agency has eliminated the Office of Transformation and put those employees on leave. Under Commissioner O’Malley’s leadership, this office was tasked with leading the agency’s modernization efforts. We are hopeful that the agency’s new leadership will continue to prioritize increased efficiencies through other components of the agency.
  • On Tuesday, February 25, the agency announced that they were closing the Office of Civil Rights and Equal Opportunity and placing those employees on leave. The agency’s press release indicates that they “will transfer responsibility for processing Equal Employment Opportunity complaints, reasonable accommodation requests, and other statutorily required functions to other SSA components to ensure compliance with existing legal authorities.”
  • On Wednesday, February 26, the Office of Management and Budget (OMB) and the Office of Personnel Management (OPM) sent a letter to “Heads of Executive Departments and Agencies” providing “Guidance on Agency RIF and Reorganization Plans Requested by Implementing The President’s “Department of Government Efficiency” Workforce Optimization Initiative.” The letter, which outlines how agencies should reduce staff, notes that “agencies or components that provide direct services to citizens (such as Social Security, Medicare, and veterans’ health care) shall not implement any proposed ARRPs [Agency RIF and Reorganization Plans] until OMB and OPM certify that the plans will have a positive effect on the delivery of such services.”
  • The Department of Justice wrote a letter on February 20, indicating that they would “no longer defend” the “multiple layers of removal restrictions for administrative law judges” in court. There is pending litigation where this will likely be relevant, as well additional litigation that is sure to emerge because of this letter; however, for now, there has been no reduction in force in the SSA ALJ population.
  • For a variety of reasons, some Social Security offices are slated to close in the following months, including the White Plains, NY OHO. We are awaiting guidance from our contacts on what will happen to the White Plains caseload, but it is our expectation that hearings that can be held remotely will be distributed nationwide to ensure timely processing. DOGE is reporting several other “savings” with additional Social Security office closings. We do not have additional details at this time; however, please bear in mind that many of these “closings” are consolidations with other nearby office buildings.
  • Since the November 2024 updates to Social Security’s rules for determining the time, manner of appearance, and place for hearing, there have been no additional changes to OHO’s hearing scheduling policy. This means, assuming that proper hearing preference selection is indicated on forms HA-55 and HA-56, that remote hearings will continue regardless of whether OHO staff are working in-office or remotely. OHO offices are equipped with the needed technology to conduct all hearing modalities: in-person, audio, agency video, and online video. Should you encounter an office or ALJ who are refusing to schedule a certain type of hearing, please let me know.
  • There is no pause on the payment of representative fees. Certainly the agency takes far longer than it should to process fees (and benefits). Improving the effectuation of benefits and the processing of fees in one of NOSSCR’s main priorities, and we are optimistic that Bisignano’s background will allow him to see the importance of this prioritization.

While NOSSCR strives to bring you up to date information through member meetings, Forum publications, and email pushes, you can also subscribe to various portions of SSA’s website for timely updates directly from the agency. Consider visiting the following pages and selecting “subscribe”:

  • https://www.ssa.gov/news/press/releases/
  • https://www.ssa.gov/news/advocates/#advocates2025
  • https://secure.ssa.gov/apps10/reference.nsf/instructiontypecode!openview&restricttocategory=EM

As always, NOSSCR is here for you. Please keep us updated with what you’re experiencing in the field. In turn, we will keep you updated with what we’re hearing from the agency and Capitol Hill. Together, we will weather whatever comes next.