General Session slides from the Commissioner and OHO

Our conference was jam-packed with valuable information. If you weren’t able to attend, we hope that you’ll visit our store and check out the many new offerings that we’re adding from our time in Nashville, including the General Session where we heard directly from Commissioner O’Malley and OHO Deputy Commissioner Joe Lytle.

Because the information shared by SSA was so vital, we want all of our members to have a chance to view the slides that the Commissioner and the heads of OHO used during their presentations.

Key takeaways:

• Goal for FY2024: all hearings processed within 270 days (this goal is only possible if representatives continue to opt into telephone and MS Teams hearings, allowing for the equal distribution of hearings caseloads across all OHOs)
• Goal: exhibit evidence at least 30 days prior to the hearing
• Goal: process fee petitions within 90 days
• Coming soon: higher quality and easier to download hearing recordings
• Best practice tip: submit pre-hearing briefs whenever possible; save OTR requests for cases when evidence unequivocally supports a favorable decision

President’s Corner

Rick Fleming, NOSSCR President

Thank you to all who came to Nashville; it was great to see and speak with you. From live music and learning from colleagues, to listening sessions with SSA leadership and dinner with Commissioner O’Malley, over one thousand members, exhibitors, sponsors, and guests joined together May 8-11th.  

Please remember that if you were registered for the 2024 annual conference, you will be able to view any sessions you missed (or want to revisit) through the NOSSCR on-demand CLE course store soon—we anticipate recordings being available within the next week. If you missed the conference, you can purchase and stream sessions at your convenience by visiting our store.

Looking forward, NOSSCR is pleased to have multiple events lined up throughout the remainder of 2024.  Please bookmark this link and subscribe to our calendar so you do not miss out—and let us know if there is a topic of particular interest or an event you feel should be offered either broadly or on a Circuit level. We’d love to hear from you at nosscr@nosscr.org.

Finally, thank you to all members who gave to the NOSSCR PAC while in Nashville.  If you were unable to get to the booth, you can give at any time by clicking this link. 

One of the highlights of our time together in Nashville was the general session where we heard from SSA leadership. What you did not hear about was the tremendous amount of work behind the scenes by NOSSCR staff and members that led to the exciting improvements announced at the conference. 

Commissioner O’Malley achieved a remarkable amount in his first 100 days, yet there remains much to be done. NOSSCR will continue working with leaders at SSA and in Congress to continue this progress. Your NOSSCR membership and gifts to the NOSSCR PAC help us on this path.  

Contributions to the National Organization of Social Security Claimants’ Representatives PAC (NOSSCR PAC) are not tax-deductible as a charitable contribution for federal income tax purposes. Contributions to NOSSCR PAC will be used to support federal and state candidates, political parties, and other political committees.  Contributions are strictly voluntary.  You may refuse to contribute without reprisal.  Any proposed contribution level is merely a suggestion, and you are free to contribute more or less than suggested.  You will not benefit or be disadvantaged by reason of the amount of your contribution or a decision not to contribute.  Federal law requires NOSSCR PAC to use its best efforts to collect and report the name, mailing address, occupation and employer of persons whose contributions exceed $200 in a calendar year.  You must be a U.S. citizen or lawfully admitted for permanent residence in the U.S. to contribute.

Reflections from our newest lifetime member

Jim Brown, NOSSCR Lifetime Membership Award Recipient

I have belonged to two state bar organizations, four national ones, and two local associations. None has been as important to me as NOSSCR. Receiving an award for the 45 years I have worked to help Social Security claimants and their representatives is the most meaningful recognition I could have in my career. I want to share my thoughts on the importance of the work which lies ahead for Social Security representatives.

When my first child was born, my father put his arm around me and said, “Your shoulders have to be wider and stronger now because you have someone who is going to stand on them.” I am proud to have stood shoulder-to-shoulder with Rudolph Patterson, Cliff Weisberg, Lyle Lieberman, Frank Hanley-the first person of color to serve on our board, Charles Hall, Tom Bush, and Bob Crowe as we led NOSSCR from its infancy to where it is today.

Our accomplishments are numerous, but those of you with years ahead in your practices have a long way to go. You should remember some of the things we achieved on behalf of our clients and our members:

• SS wanted to require a new application if additional conditions needed to be added to the claim. We strongly opposed and finally eliminated that proposal;
• SS wanted to require us to list the grounds for appeal when filing recon or request for hearing and only those cited would be considered. We kept that from being implemented;
• Fee petitions used to be required on every claim. We helped implement direct payment of fees;
• The Reagan Administration was doing CDRs primarily on claimants with mental impairments. We obtained inter-office memos and stopped the practice;
• We got withheld fees on SSI claims;
• The user fee now has a cap;
• We created Social Security CLE programs.

We did more than the few things I have listed above but much is left for you. The most important change this year is changing past relevant work from 15 years to 5 years. It is nice to have the fee cap raised to $9,200 with increases tied to COLA, but that is not enough.

Make your shoulders broader and take these tasks on:

• Do away with the fee cap;
• Get rid of the five-month waiting period;
• Bring back the requirement for greater weight to attending physicians;
• Get rid of the user fee;
• Reduce the 29-month waiting period for Medicare;
• Get retro benefits on SSI;
• EAJA fees for overpayments, CDRs, and fraud cases.

If you do these things the people standing on your shoulders will see a better world for their clients and their practices. Your clients deserve this and so do you!

I have been asked what keeps me going. Thirty-one years ago I was volunteering at a homeless shelter. I saw a woman with six children aged two to ten who just did not look like she belonged in a shelter. I asked what happened that brought her there. She told me her husband worked in the steel mills for 19 years and died suddenly. She could not afford her mortgage and her house was in foreclosure.

I asked about the life insurance and pension he had. She knew nothing about that. She also did not know about Social Security survivor’s benefits. I gave her the name of the HR director at the mill who I knew from my workers’ compensation practice and told her to tell him she needed the money in five days. Four days later she had a $50,000 life insurance check to pay off the mortgage.

Between the pension and SS benefits she started receiving nearly $5,000 per month. Her kids were back in their suburban schools, and she was living a more normal life.

About six months later she and her five-year-old son came to my office with a tray of cookies. Her son said, “Mr. James, I love you.” I replied, “DeQuan, what does I love you mean?” He thought a moment then answered, “It means you make my heart smile.”

Every day since then, both personally and professionally, I have tried to make someone’s heart smile. In my honor now, and someday in my memory, try to make someone’s heart smile every day. The satisfaction it will bring every time you do this will serve you well throughout your life.

This is a guest column. The views expressed in this column are the views of the author alone, and do not represent the views of NOSSCR, NOSSCR’s leadership, or NOSSCR’s staff.

Piemonte’s Perspective

George Piemonte, NOSSCR 11th Circuit Board Representative

Last time, I promised to start reviewing some of my favorite limitations and offer suggestions for proving them. We are going to start with a limited ability to respond to supervision.

Physical or mental impairments can cause an inability to take supervision. Pain and depression can cause irritability. SSR 85-15 says in part, “The basic mental demands of competitive, remunerative, unskilled work includes the abilities (on a sustained basis)….to respond appropriately to supervision, coworkers, and usual work situations….” In POMS DI 25020.010(B)(2)(c), one of the mental abilities needed to perform any job is “The ability to accept instructions and respond appropriately to criticism from supervisors.”

Documenting all behaviors, even those that may not be tolerated—for instance, cussing out a supervisor or physical attacks—is essential. If the supervisor is trying to instruct the worker or criticize their work performance and the worker runs away crying or tells the supervisor off or that they cannot deal with them at that time, that is not likely going to be tolerated.

You can prove this type of behavior through the claimant’s testimony. Get specific on how they react to things like stress and/or criticism. A medical source statement from a doctor or therapist can also provide the needed proof. Also, try to get lay statements from family, friends, and prior supervisors/coworkers to prove angry outbursts, crying spells, running away, etc.

Proving an inability to respond appropriately to supervisors is not just a way but an excellent way to establish disability. The above suggestions are just some of the ways to prove it. Be creative in finding ways to paint the picture of what it would be like for your claimant when trying to be supervised.

This is a guest column. The views expressed in this column are the views of the author alone, and do not represent the views of NOSSCR, NOSSCR’s leadership, or NOSSCR’s staff.

A career of knowledge, culminated

Gil Laden, NOSSCR Emeritus Member

In the summer of 1975, right after my first year of law school, I worked for Georgia Legal Services.  Shortly after I got there, on a Monday I recall, a senior staff attorney handed me a file.  He said, “You are handling an SSI hearing on Friday.”  My response: “What is SSI?”

Fast forward, some 45+ years later, as I was in the midst of figuring out my exit strategy, knowing the plan was to stop taking new clients in August, 2021, I spoke to a client who had a pending DIB claim at the local OHO (yes, in the nearly 5 decades since I heard SSI for the first time, I have added to my alphabet soup vocabulary).

I discovered she had an insured status issue – not a remote DLI, but years of no QCs, even though she had worked alongside her husband in a two-person business for a number of years.  Their CPA had advised them almost 15 years prior to attribute all of the taxable income to the husband and not to her.

She had been trying to amend her tax returns, but that was a poor solution at that.  I had a recollection of reading the POMS about 15 years ago on another issue, got side-tracked, and came across what appeared to be a nugget regarding spouse businesses I thought I ought to save.  (The then-title of the provision was husband-wife business).  In a prescient moment, I thought this could come in handy one day. I did share it on the then-Martin Listserve over a decade ago.

My client was going through cancer treatment. She filed a late request for hearing.  I helped with a good cause statement. I reached out to the HO to get that resolved early, which it was, i.e., the ALJ found good cause.

In my meeting with my client, I discovered that she had worked alongside her husband for over 20 years and put in the same degree of labor into the business.  They considered themselves to be partners but had no written agreement.  For the first few years, they divided the self-employment income as equal partners and paid taxes accordingly.  Then their CPA advised them to allocate all of the income to the husband.  Nothing had changed with the work they did prior to her illness that caused her to cease working.

The ALJ proffered an encrypted electronic nonmedical (ENM) file. (ENM files are not accessible via ERE). I saw that the field office (FO) had taken the position that because the claimant did not file tax returns for her share of the self-employment income (SEI) and pay taxes on that SEI, she lacked the quarters of coverage (QCs) to have insured status.  Further, the FO took the position that the claimant only had 3 years, 3 months, 15 days to file an amended return. In my response to the ALJ’s proffer, I argued that POMS RS 01802.334 and RS 01802.344, along with SSR 84-11 had been misapplied.

RS 01802.334A Background says the following:

Businesses are often operated jointly by spouses, but all earnings for self-employment purposes may have been reported by only one spouse, frequently spouse one. Partnership determinations in these instances are complicated because that certain outward signs of the spousal relationship are similar to the indications of a partnership. Spouses may have jointly operated a business without considering themselves partners because they did not operate under a written partnership agreement. This does not preclude a finding of partnership for Social Security purposes.

This fitted their situation precisely.  Once a valid partnership has been determined to have existed, even in the absence of a written agreement, then SSA is required to allocate the earnings, thereby correcting the earnings records of both parties.  POMS RS 01802.344.

SSR 84-11 states:

Under the Social Security Act (the Act) and the Internal Revenue Code (IRC),  many businesses that are conducted by husbands and wives may be considered operating as partnerships. Generally, a partnership is created where two or more persons join together for the conduct of a business for profit. Selected cases illustrate factors considered by courts in determining whether a partnership exists.

The ruling set forth a sampling of court cases providing insight into those factors, which aligned with the POMS.

In the absence of a written partnership agreement to the contrary, SSA was duty-bound to allocate the earnings for unbarred years and divide them equally.  As it turned out, both the claimant and her spouse contended they each provided equal labor and contributions to the business from the time they went into business over 20 years ago. (SSR 84-11 does not require an equal contribution, but once a bona fide partnership is established, then the Agency must divide the earnings and allocate proportionally. If there is no written agreement, then the allocation is split evenly).

My client’s spouse had originally provided an SSA-795 (Statement of Claimant or Other Persons) to the FO that the claimant had performed 50% of the work from 2013-2019 as he thought this was all he needed to do. After getting additional information as outlined above, I prepared another statement (I used an equivalent of the SSA-795, which is my own form with essentially the same wording, one I have used for years), for the spouse to sign.

To his credit, the CPA provided a letter acknowledging his error in not preparing tax returns as he had done previously, i.e., returns reflecting equal division of income. He provided detailed information as to their earnings. The statement from the claimant’s spouse and the letter from the CPA went toward clarifying and supporting factual assertions.  

Utilizing HALLEX I-2-5-74 Obtaining Earnings Record Information, the ALJ reached out to the FO, which produced a Report of Contact.  The ALJ had sent my response to her first proffer to the FO.  The FO agreed with my arguments.

There was further communication with the ALJ, the FO, and me on technical factors to clarify the allocation, which resulted in 2 more proffers and responses. The ALJ issued a fully favorable decision finding that there was a valid partnership agreement and the earnings for the unbarred years should be allocated equally between the claimant and her spouse.  The ALJ found the claimant to have insured status.

The claim was returned to the FO and then to DDS for development.  The claim was approved at the initial level without further appeals being needed. My client and her spouse were immensely grateful. Waxing philosophically for the moment, it was another gratifying reinforcement of the work we representatives do for disabled individuals and for those of us of a certain age can continue to do even in the twilight of our careers.

I have made available various redacted documents I have alluded to in this article.

This is a guest column. The views expressed in this column are the views of the author alone, and do not represent the views of NOSSCR, NOSSCR’s leadership, or NOSSCR’s staff.

CDRs halted for remainder of FY 2024; Administrative waiver tolerance increased to $2000

Jennifer Cronenberg, NOSSCR Senior Counsel and Director of Legal Information

This month, SSA made two claimant-friendly updates. Please read the details below and email me if you have any questions.

EM-24021 – 2024 Full Medical CDR Workload – One-Time-Only Instructions

• For the remainder of FY 2024, the field offices will not send additional full medical CDRs to DDS;
• If unassigned full medical CDRs are currently pending, DDS will take no action for the remainder of FY 2024;
• For pending full medical CDRs that require a consultative evaluation, all CEs scheduled on or after June 21, 2024 will be canceled (unless the case is for a low birth weight baby, expedited reinstatement, pre-hearing, disability hearing, or fraud or similar fault);
• If there is currently insufficient evidence in the file to make an age-18 redetermination, DDS will not initiate additional development, schedule a CE, or assign a medical or psychological consultant for review.

Please note that DDS is “not responsible for notifying beneficiaries regarding the suspension of the CDR.” Thus, if you have any claimants who have CDRs pending, we encourage you to speak with your claimants about the above changes.

GN 02250 TN 56 and SI 02260 TN 47 – Waiver Provisions for Overpayments

• The administrative waiver tolerance has been increased from $1,000 to $2,000 in both Title II and SSI cases;
• When a liable person requests waiver and the total amount of that person’s liability is $2,000 or less, recovery will be waived (unless there is some indication that the person may be at fault);
• Application of the $2,000 administrative waiver tolerance depends on the total amount of a person’s liability;
  • Example: a person who is liable for several overpayments, which total more than $2,000, even though each is $2,000 or less, cannot be considered for waiver under this tolerance;
• If an overpayment of more than $2,000 has been reduced to $2,000 or less by repayment or collection, the waiver tolerance does not apply;
• If the person requests a reconsideration on the amount of the overpayment and the person is liable for an overpayment of $2,000 or less, the reconsideration is treated as a request for waiver after the processing center (PC) makes a formal reconsideration determination or dismissal, if there will be no effect on current or future benefits per GN 02201.013E.1;
• Neither full development nor an SSA-632-BK (Request for Waiver of Overpayment Recovery or Change in Repayment Rate) is required for waivers which will be processed under this provision.

While we know that overpayment cases can be complicated and burdensome, we encourage you to speak with eligible claimants about their administrative waiver eligibility. Our new claimant website offers multiple resources for those looking for overpayment help. If you aren’t able to take a case, we encourage you to screen the claim for potential administrative waiver eligibility, and, when possible, use the provided resources to guide the claimant through the proper paperwork. Thanks to NOSSCR member Michelle Spadafore, there are several downloadable easy-to-complete forms that can help guide you.

Registration now OPEN for exciting upcoming NOSSCR events!

NOSSCR is excited to offer multiple in-person events this fall! Registration is now open for the following events:

Fifth Circuit Conference in San Antonio, TX

• Do you live or work in Texas, Louisiana, or Mississippi? Then join us in San Antonio, September 20-21, 2024 for FOSSCR—the Fifth Circuit conference! We’ll be staying at the beautiful Hotel Valencia Riverwalk, a perfect location for a waterfront stroll in between continuing education courses and networking opportunities. Registration is open now!

NextGen Retreat in Portland, Oregon

• Have you been practicing Social Security law for less than 10 years or are you under the age of 40? Do you want to meet and connect with other colleagues who are new(ish) to Social Security disability? Then join us in Portland, Oregon, October 10-11, 2024! NextGen’s annual retreat offers the unique opportunity to gather with colleagues in a smaller group size—perfect for building deeper connections—all while earning continuing education credits and exploring Portland’s unique charms! Registration is open now!

Eighth Circuit Conference in Fayetteville, AR

• If you live or work in Arkansas, Missouri, Iowa, Nebraska, Minnesota, South Dakota, or North Dakota, then join us in Fayetteville, AR, November 7-8, 2024! The 2024 8th Circuit Social Security Disability Conference provides members a unique opportunity to earn continuing education credits, learn from colleagues, and build relationships with fellow representatives across the 8th Circuit. Registration is open now!

And don’t forget to join us for our ongoing virtual programming—visit our Events Calendar for the full schedule and registration information. Here’s a look at what’s coming up soon:

• June 13 at 4pm Eastern—Sixth Circuit Virtual Meeting—register now!
• June 13 at 7pm Eastern—NextGen Virtual Happy Hour
• June 24 at 1pm Eastern—Litigation Update Webinar
• June 25 at 3pm Eastern—Leading VE Cross Questions for Creating Specific Objections at the Hearing presented by Robert Tarlock
• July 8 at 4pm Eastern—Leveraging Technology and Artificial Intelligence to Increase Your Efficiency and Bottom Line presented by Diane Haar (registration coming soon)
• July 17 at 11:30am Eastern—NextGen Virtual Coffee Break
• July 19 at 3pm Eastern—The Importance of Developing Regional Job Numbers by Matt Richter and Eric Farr
• July 29 at 1pm Eastern—Litigation Update Webinar

Soon we will also be adding a mandamus training and a nonprofit overpayments training—so stay tuned for more information! If you’d like to see something that we aren’t currently offering, please don’t hesitate to reach out to us at nosscr@nosscr.org. We are here because of you and for you and we are always open to new ideas!

OHO updates how centrally printed documents are dated

Patrick Nagle, Chief Administrative Law Judge, Office of Hearings Operations

Dear Colleague,

The Office of Hearings Operations is changing the way notices, decisions, and other correspondence mailed to claimants and representatives are dated. After we add a document to the claimant’s electronic file, we generally use a central printing facility for printing and mailing. Previously, we would postdate centrally printed documents 3 business days in the future to account for the central print mailing time.

Effective May 20, 2024, we stopped postdating centrally printed documents. All documents mailed through central print, including administrative law judge decisions and Notices of Hearing, are now dated with the date the document was added to the electronic file and sent to the central print facility. This change is a result of processing challenges encountered in our previous postdating practices.

How will this Affect the Timeliness of Our Responses to Documents?

The change to our postdating policy will not affect how we assess whether a response to one of our notices is timely. As defined in our regulations, the date an individual receives notice is “5 days after the date on the notice, unless you show us that you did not receive it within the 5-day period.” (See 20 CFR 404.901 and 416.1401.)

We will continue to factor in an additional 3 business days of mailing time, beyond the 5 days presumed in the regulations, when mailing notices by central print and when determining whether a reply to a centrally printed notice is timely. The Appeals Council will continue to evaluate timeliness of a request for review pursuant to existing policies and will assess whether good cause exists for a late filed request for review, including any delays due to central print mailing time.

Identifying Documents Sent by Central Print

Documents sent by central print include a string of numbers and letters that appear vertically on the right side of the document. The central print identifying text appears on the paper copy of the document that is mailed to the claimant and appointed representative. It does not appear in the version that is uploaded to the electronic file.

Documents Printed and Mailed from Our Hearing Offices

While we send most of our mail through central print, we occasionally print and mail documents from our hearing offices. When we mail a document from a hearing office, the date we mail the document is the date that appears on the document. We do not consider any additional mailing time, outside of what is required in our regulations, for documents mailed from the hearing office because there is no reason to do so.

Questions

For questions or to determine if a document added to your claimant’s file was mailed by central print or from a hearing office, please contact the claimant’s servicing hearing office.

Visit our webpage to learn more about the updates to our mailing practices and to see an example of a document sent by central print.

Sincerely,
 
Patrick Nagle
Chief Administrative Law Judge
Office of Hearings Operations

NOSSCR Note:

In accord with this policy change, OHO has also added HALLEX I-2-0-80 “Guidelines for Calculating Timeliness of Responses,” that describes how OHO staff and Administrative Law Judges should consider the timeliness of responses to notices, decisions, dismissals, and other correspondence that are mailed through central print or sent through manual mail.

Your contributions propel NOSSCR’s advocacy!

Ann Atkinson, NOSSCR PAC Chair

Dear NOSSCR Colleagues:

Due in large part to NOSSCR’s efforts, over the past year we have seen more progress toward improvements in Social Security’s disability system then we have seen over the past several decades. 

You have already recognized that your NOSSCR membership is an essential investment in your practice. You may have overlooked another: a donation to NOSSCR PAC.

One of the most important ways NOSSCR advocates for our clients and our profession is through the NOSSCR PAC. The PAC’s work is often behind the scenes, but we are seen by both Congress and its staff as the “go to” source for reliable information about the Social Security disability system. Our mission is to “educate, support, and elect candidates for Congress who advocate for Social Security disability programs and ensure that all Americans have access to highly qualified Social Security representatives.” We are bipartisan and concentrate on supporting congressional members on committees with jurisdiction over Social Security.

In our individual practices, we advocate for our disabled clients every day in court; NOSSCR PAC advocates for them every day in Congress. 

Although this is a vital part of NOSSCR’s work on behalf of our clients, fewer than 5% of our members contribute to the PAC. A PAC donation does not need to be large to be effective; even $10 per month helps to give our disabled clients a voice in Congress, and it is a vital investment in your practice.

If you already give to the PAC, thank you!  If not, please consider donating today by going to this link.

Contributions to the National Organization of Social Security Claimants’ Representatives PAC (NOSSCR PAC) are not tax-deductible as a charitable contribution for federal income tax purposes. Contributions to NOSSCR PAC will be used to support federal and state candidates, political parties, and other political committees.  Contributions are strictly voluntary.  You may refuse to contribute without reprisal.  Any proposed contribution level is merely a suggestion, and you are free to contribute more or less than suggested.  You will not benefit or be disadvantaged by reason of the amount of your contribution or a decision not to contribute.  Federal law requires NOSSCR PAC to use its best efforts to collect and report the name, mailing address, occupation and employer of persons whose contributions exceed $200 in a calendar year.  You must be a U.S. citizen or lawfully admitted for permanent residence in the U.S. to contribute.

NOSSCR and the 2024 Harkin Retirement Security Symposium

Tom Krause, NOSSCR Litigation Director

On April 30, 2024, I attended the 2024 Harkin Retirement Security Symposium (#HarkinRetirement). You may be wondering, “Why? NOSSCR is concerned about disability benefits, not retirement benefits.” There are several reasons, but first a little history.

Tom Harkin was a good friend to NOSSCR, its members, and our clients. He was the son of a coal miner father and a Slovenian immigrant mother. Tom Harkin served in the Navy as a jet pilot from 1962 to 1967. After law school, he worked at Polk County Legal Aid with another young attorney, Robert W. Pratt. Bob Pratt was a long-time NOSSCR Sustaining Member. Years later, upon Sen. Harkin’s recommendation, President Bill Clinton appointed Bob Pratt to be a District Judge for the Southern District of Iowa in 1997. But that’s a story for another time.

Tom Harkin served 10 years in the House before he was elected to the Senate in 1985. He stayed in the Senate for 30 years. He authored the Americans with Disabilities Act of 1990 and was its chief sponsor in the Senate. In the 1990s and early 2000s, Sen. Harkin helped lead the fight against Social Security privatization and sponsored legislation to strengthen the system and expand benefits. Sen. Harkin was Chairman of the Senate Health, Education, Labor and Pensions (HELP) Committee from 2009 to 2015. In 2013, Sen. Harkin introduced the Strengthening Social Security Act. That Act would amend the Social Security Act to adjust the benefit formula, resulting in a more generous monthly Social Security benefit. It would also change the way that cost-of-living adjustments are calculated and lift the cap on income subject to the payroll tax. Sen. Harkin also was active in combating the worst forms of child labor. In 2017, NOSSCR awarded Sen. Harkin its Eileen P. Sweeney Distinguished Service Award.

All that history is nice, but it doesn’t explain why NOSSCR is so interested in retirement security. Again, more background may help. The Harkin Institute for Public Policy & Citizen Engagement was founded in 2013 and is located at Drake University in Des Moines, Iowa. It serves as a venue and catalyst for dynamic non-partisan research, learning, and outreach to promote understanding of the policy issues to which Senator Tom Harkin devoted his career—including labor and employment, people with disabilities, retirement security, and wellness and nutrition.

In September 2023, the Harkin Institute held the first Harkin Retirement Security Symposium. The Symposium brought together policymakers and researchers actively working on Social Security reform and legislation. The Symposium focused on preserving and enhancing benefits to improve retirement security, specifically for groups who have no access to other retirement savings or have not accumulated sufficient retirement savings. Our very own David Camp, then the Interim CEO for NOSSCR, was a panelist for a session on The Status of Older Workers: Early Retirement and Long-Term Disability. NOSSCR was one of the sponsors of the 2023 Symposium. Also presenting were Stephen Goss, Chief Actuary for SSA; Nancy Altman, the President of Social Security Works; Rep. John Larson, Minority Chair, U.S. House Subcommittee on Social Security; and Kathleen Romig, then Director of Social Security and Disability Policy, Center on Budget and Policy Priorities and now with Social Security.

Now, finally, to answer the question, “Why is NOSSCR interested in Retirement Security?” The short answer is that there are several reasons. One reason is the past support and collaboration between Sen. Harkin and the Harkin Institute and NOSSCR. Another reason is that several sessions addressed issues that affect our clients. One session this year, for example, centered on ABLE accounts. Another session focused on Medicare Advantage plans. The Symposium also provided a chance to meet others advocating for similar goals. Advocates at the Symposium included Harkin Institute staff, including Matthew Reed, Executive Director; Rayna Stoycheva, Director of Retirement Security Policy; and Daniel Van Sant, Director of Disability Policy. Presenters included Amber Christ, Justice in Aging; Joshua Pearson, a professor at Winona State University and Senior Fellow at The Harkin Institute; and Paige Yontz, Advocacy Manager, AARP Iowa.

Opportunities like the Harkin Symposium offer a good reminder to view your clients as holistically as possible. Having a working knowledge of retirement benefits and programs can greatly improve the advice you can provide. At NOSSCR, we understand the importance of staying connected to others in the Social Security advocacy community, and we are proud to be your voice at events like the Harkin Symposium.

SSA’s Chief Transformation Officer thanks NOSSCR members

NOSSCR was proud to welcome SSA’s Chief Transformation Officer, Betsy Beaumon, and members of her team to our conference. Attendees were able to hear directly from Ms. Beaumon during our General Session, and several members had the opportunity to share their thoughts directly with the Office of Transformation team. We know our members have a unique and important perspective on the challenges facing the agency, and we are pleased that SSA is taking our concerns seriously and making needed changes.

Tell Congress to fund SSA!

During our General Session in Nashville, while Commissioner O’Malley discussed the importance of a properly funded SSA, we sent you a corresponding email asking you to urge your elected officials to support the President’s budget for SSA’s FY 2025. To date, 486 emails have been sent as part of this campaign! But we’re not finished yet. If you haven’t had the chance to participate, we urge you to read on and join us in this vital mission.

Since becoming Commissioner, O’Malley has implemented a host of needed and immediate changes to improve customer service and modernize Social Security, but there is more to be done. In order to significantly reduce wait times, update archaic technological systems, and properly staff offices, SSA needs adequate and sustained funding. 

You can help by urging your Representatives and Senators to fully fund the President’s request of $15.5 billion for SSA’s FY 2025 administrative budget, and to provide sustained increased funding going forward until SSA’s spending authority reaches 1.2 percent of annual benefits paid. As a constituent, your voice matters—together, we can make a difference.  

Social Security is currently operating at less than 1% of its benefit outlays—most private insurance companies operate at nearly 20%. By increasing financing, just to 1.2%, SSA could effectively streamline their services to drastically improve customer service. In hearings earlier this year, NOSSCR was there when Commissioner O’Malley explained the agency’s significant funding deficits and urged Congress to take action so that wait times can decrease and customer service can increase. Now it’s your turn.  

Click the button below to email your elected officials. With just one click, you will be urging them to support increased and sustained funding for Social Security. As Americans, we all contribute to Social Security’s trust funds with the expectation that we will be able to access their promised services—in order to meet those needs, Congress must now do their part.

NOSSCR’s Annual Report

As we look forward to our continued success in 2024, we pause for a moment to reflect on NOSSCR’s efforts in 2023.

Meet NOSSCR’s new Communications Director, Benjamin Taylor

NOSSCR is pleased to introduce our new Communications Director, Benjamin Taylor. Starting in his new position just a week before our annual conference, Ben hit the ground running as a vital member of our team—and he was thrilled with the chance to meet so many of our members face-to-face! Ben is tasked with managing our multiple communications platforms, developing content, and assisting the team on strategy with subject matter expertise. With a background in the government public health sector, Ben has experience managing and developing communications products and strategies for clinical research centers and numerous small businesses. He has practiced communications professionally since 2013 and enjoys solving complex problems with communications solutions. Outside of work, Ben is an avid cyclist, loves cooking and trading recipes with his family, and has played guitar for 18 years (making the live music component of our Nashville trip a special treat). Welcome aboard, Ben!

Legislative Spotlight

Betsy Osborn, NOSSCR Government Relations Director

On March 21, 2024, Senator Bob Casey (D-PA) introduced S. 3974, the Boosting Benefits and COLAs for Seniors Act. The bill has 5 cosponsors: four Democrats and one Independent. S. 3974 was referred to the Senate Committee on Finance where it is awaiting further action. A companion bill, H.R. 8044, was introduced by Congressman Ruben Gallego (D-AZ) on April 17, 2024. The House bill does not yet have any cosponsors. H.R. 8044 was referred to the House Committee on Ways and Means and House Committee on Education and the Workforce where it awaits further action.

The aim of this legislation is to protect and expand benefits for older adults by directing the Social Security Administration (SSA) to adjust benefits based on the Consumer Price Index for Americans aged 62 or older (CPI-E) rather than the Consumer Price Index for Urban Wage Earners (CPI-W). Since the CPI-E is more reflective of the actual costs incurred by older adults, this would result in a larger increase in benefits for older Americans. Further, this legislation would direct the Bureau of Labor Statistics to calculate and publish the CPI-E for each calendar month.

A note from SSA’s OIG Section 1140 team

At NOSSCR, we value our partnership with SSA’s many components. Our advocacy is most effective when we maintain open communication and foster relationships with those in the agency. That’s why we were pleased to welcome SSA’s OIG Section 1140 team to our conference in Nashville. If you missed their presentation, please be sure to check out the General Session in our store to catch up on all of the exciting updates.

If you missed OIG’s presentation, be sure to check out the General Session from our store. For your convenience, we’re also included their slides below.

Presentations from SSA’s Chief Actuary Steve Goss

SSA’s Chief Actuary Steve Goss presented on the actuarial status of Social Security at three different conferences this month, including a joint presentation with NOSSCR member Steve Perrigo in Nashville. The slides below offer interesting visuals on the current and projected status of Social Security.

Goss’ May 15, 2024 presentation: “Social Security Actuarial Status: The 2024 Annual Report of the Board of Trustees of the OASI and DI Trust Funds — Key Changes and Results Under Intermediate Assumptions (Plus Myths and Facts about Social Security).”

Goss’ May 22, 2024 presentation: “Social Security Actuarial Status: The 2024 Annual Report of the Board of Trustees of the OASI and DI Trust Funds — Key Changes and Results Under Intermediate Assumptions.”

PAC Contributor List

NOSSCR is thankful for the ongoing generous support of our PAC contributors!

Contributions to the National Organization of Social Security Claimants’ Representatives PAC (NOSSCR PAC) are not tax-deductible as a charitable contribution for federal income tax purposes. Contributions to NOSSCR PAC will be used to support federal and state candidates, political parties, and other political committees.  Contributions are strictly voluntary.  You may refuse to contribute without reprisal.  Any proposed contribution level is merely a suggestion, and you are free to contribute more or less than suggested.  You will not benefit or be disadvantaged by reason of the amount of your contribution or a decision not to contribute.  Federal law requires NOSSCR PAC to use its best efforts to collect and report the name, mailing address, occupation and employer of persons whose contributions exceed $200 in a calendar year.  You must be a U.S. citizen or lawfully admitted for permanent residence in the U.S. to contribute.

Daily dose of data from SSA

Social Security has been busy this month, releasing a record amount of data for public consumption. We’ve gathered and linked everything below for your reading pleasure.

• SSA’s Office of Retirement and Disability Policy has released annual fact sheets providing statistics on the Social Security and Supplemental Security Income programs, including the number of people receiving benefits and the amount of total monthly payments, in each state, territory, and Congressional district.

• SSA’s Office of Retirement and Disability Policy has released the following:
  • April 2024 snapshot of statistics on Social Security beneficiaries and Supplemental Security Income recipients.
  • April 2024 statistics for federally administered payments and awards under the Supplemental Security Income (SSI) program.

• A new Special Topic Actuarial Note is available from the Office of the Chief Actuary:
  • May 2024, Actuarial Note No. 163. Social Security Disability Claims Pending Determination: Past and Projected

• The 2024 OASDI Trustees Report and related materials are now available.

• The Office of the Chief Actuary has released the following annual recurring Actuarial Notes using the assumptions of the 2024 OASDI Trustees Report:
  • Recurring Actuarial Note #1: Unfunded Obligation and Transition Costs for the OASDI Program
  • Recurring Actuarial Note #2: Unisex Life Expectancies at Birth and Age 65
  • Recurring Actuarial Note #3: Scaled Factors for Hypothetical Earnings Examples
  • Recurring Actuarial Note #8: Disaggregation of the Long-Range Actuarial Balance for the OASDI Program Since 1983
  • Recurring Actuarial Note #9: Replacement Rates for Hypothetical Retired Workers

• SSA’s Office of Retirement and Disability Policy has released the following:
  • Summary: Actuarial Status of the Social Security Trust Funds

• SSA’s Office of Retirement and Disability Policy has released the following updates based on the MINT8 microsimulation model:
  • Population Profiles:
    • Never Beneficiaries | Taxable Maximum Earners
  • Program Explainers:
    • Government Pension Offset | Scheduled vs. Payable Benefits
    • Poverty Decline for Beneficiaries | Windfall Elimination Provision
  • Projections—Fact Sheets by Beneficiary Type:
    • Divorced Spousal Beneficiaries | Early Eligibility Age Beneficiaries
    • Spousal-Only Beneficiaries | Survivor-Only Beneficiaries
    • Women & Dual Entitlement
  • Projections—Fact Sheets by Demographic Group:
    • Beneficiaries Aged 60+ by Race & Ethnicity | Lifetime Low Earners
    • Oldest Old Beneficiaries | Sporadic Low Earners
    • Taxpayers Aged 31+ by Race & Ethnicity
  • Projections—Tables:
    • Policy Options/Proposals
    • Profile of Beneficiaries Aged 60+ by Race & Ethnicity
    • Profile of Taxpayers Aged 31+ by Race & Ethnicity

• The following downloadable files, related to the 2024 OASDI Trustees Report, are now available:
  • Death Probabilities
  • Period Life Tables
  • Cohort Life Tables
  • Population

• Social Security Bulletin, Vol. 84, No. 2 includes a special article on “Trends in Cause-Specific Mortality by Race and Hispanic Origin, 1999–2019” by Javier Meseguer.

Useful Resources

Follow the links below to find the most recent OHO caseload analysis report, contact information for every Field Office and Regional Communications Director, SSA’s updated rules and regulations, ALJ statistics, and other publicly released data.

‣ OHO Caseload Analysis Report, April 2024

‣ Dataset with Contact Information for Each Field Office

‣ Regional Communications Directors

‣ HALLEX Contents & Recent Changes

‣ Chief Judge Bulletins (CJBs)

‣ POMS Recent Changes

‣ Emergency Messages (EMs)

‣ ALJ Disposition Data

‣ FOIA Reading Room – Proactive Disclosures