SSA Changes

[roymcavoy]

socsecnews.blogspot.com/2021/01/what-just-happened.html?m=1

[nappyloxs]

www.govexec.com/management/2021/01/social-security-boss-job-status-unclear-following-inauguration/171555/

The future of Andrew Saul as commissioner of the Social Security Administration was uncertain Thursday, after the Biden administration included his name on a list of “acting” agency officials and two key aides were replaced shortly after the new president’s inauguration.

Saul has been a controversial leader of the agency responsible for delivering checks to retired and disabled Americans because of his efforts to sideline federal employee unions and wrest control of disability hearings from the agency’s independent corps of administrative law judges. The Association of Administrative Law Judges last December issued a vote of no confidence in Saul and Deputy Commissioner David Black, with 88% of its members in favor of the decision. The judges union joined with the American Federation of Government Employees and retirement and disability advocates earlier this month in urging President Biden to fire the two officials.

But Saul and Black both hold term appointments which do not expire until 2025, meaning Biden must show good cause to remove them now. The White House has not announced its plans for the agency, but a confluence of events Wednesday have fueled speculation that Saul’s days atop the Social Security Administration may be numbered.

First, in the hours immediately after Biden was sworn into office, the White House released a list of “acting agency leaders” to serve as caretakers “while Cabinet nominees continue moving through the confirmation process.” Although most of those included in the document were career employees, the list also included Saul’s name to lead the Social Security Administration.

Additionally, Saul sent a memo to senior agency staff Wednesday afternoon announcing the appointment of Scott Frey, a former deputy commissioner for legislation and congressional affairs in the Obama administration and most recently an aide to the president of the American Federation of State, County and Municipal Employees to be his chief of staff. Frey also was a member of Biden’s transition team deployed to the agency.

The memo also noted the departure of Deputy Commissioner for Retirement and Disability Policy Mark Warshawsky, a veteran of conservative think tanks like the Mercatus Center and the American Enterprise Institute. Replacing Warshawsky will be Kilolo Kijakazi, who most recently was a fellow with the liberal leaning Urban Institute.

The White House and Social Security Administration did not respond to requests for comment or clarification about Saul’s job status.

Melissa McIntosh, president of the Association of Administrative Law Judges, said she is relatively in the dark regarding the new administration’s plans for the agency’s top jobs. She pointed out that, by contrast, Biden fired National Labor Relations Board General Counsel Peter Robb Wednesday night after he refused to resign before the end of his term.

“It’s hard to know what to make of it, especially when you consider the White House memo that came out yesterday,” she said. “I don’t know what to think of it, and I have no info about it. I have noted that the general counsel of the NLRB was very anti-union, as Saul and Black have been, and his resignation was sought, he refused and then was fired. The [Consumer Financial Protection Bureau] director was requested to resign and did so. So I’m seeing a lot of movement, but here at SSA, it’s hard to read the tea leaves.”

Rich Couture, president of AFGE Council 215, said the last 24 hours have caused a lot of speculation within the agency. He said he hopes that the staffing changes that have taken place so far portend a positive shift in how management deals with labor groups.

“Mr. Frey was very engaged with AFGE during the presidential transition process,” Couture said. “He took a keen interest in our issues and our concerns, particularly the sorry state of labor-management relations at SSA, the lack of trust in any relationship with management, and our desire to turn a corner and rebuild a relationship with the agency and restore union and employee rights at SSA. The fact that he was installed so quickly after the inauguration I take as a positive sign that the administration wants SSA to reverse course and wants to build a positive relationship and partnership with AFGE.”

[lurkerbelow]

I can comfortably report crickets my part of the trenches. We all have chickens to debone.

[nappyloxs]

Jan 21, 2021 16:05:07 GMT -5 roymcavoy said:

socsecnews.blogspot.com/2021/01/what-just-happened.html?m=1

Is Ms. Hall’s reassignment considered “burrowing?”

[nylawyer]

For those not getting the union emails, SSA has now agreed to bargain over remote video hearings (the email actually said about "mandatory" video hearings, I'm not sure if that was an error, but I'm assuming it is referring to the upcoming scheduling of remote video hearings.)

Agreeing to bargain has not been the agency's way of doing things of late, so this would appear to be a change.

[Pixie]

Jan 21, 2021 18:36:52 GMT -5 nylawyer said:

For those not getting the union emails, SSA has now agreed to bargain over remote video hearings (the email actually said about "mandatory" video hearings, I'm not sure if that was an error, but I'm assuming it is referring to the upcoming scheduling of remote video hearings.

Agreeing to bargain has not been the agency's way of doing things of late, so this would appear to be a change.

Yes, a big change. When I saw that in the memo, I knew change was in the air. Pixie

[christina]

I have impression on NTEU end that labor/mangt things will be much smoother too. I hope the discussions above regarding hearings are fruitful and mutually beneficial.

[nylawyer]

We received an email that video hearings were going to start being scheduled. I'm curious to see if CSU holds off while this is bargained.

[ba]

Jan 21, 2021 19:16:19 GMT -5 nylawyer said:

We received an email that video hearings were going to start being scheduled. I'm curious to see if CSU holds off while this is bargained.

CSU. Something else that should have been bargained.

[kylearan]

Better call Saul!

[jagvet]

Biden fired NLRB GC Peter Robb and also suspended burrowed NSA GC Michael Ellis. IMHO, the administration forced Saul and Black to bring on minders while they are transitioned out. My earlier predictions are simply wrong. The new administration will be forcing out all those affiliated with the last administration.

Before we cheer too loudly today, if you look at Lucia and Seila Law, it may be tomorrow that ALJs who don't toe the line can be removed. Think 500 hearings. Think approval rates. Think paying too many or too few claims.

The long knives are out for the deboners.

[christina]

Jan 21, 2021 22:59:52 GMT -5 jagvet said:

Biden fired NLRB GC Peter Robb and also suspended burrowed NSA GC Michael Ellis. IMHO, the administration forced Saul and Black to bring on minders while they are transitioned out. My earlier predictions are simply wrong. The new administration will be forcing out all those affiliated with the last administration.

Before we cheer too loudly today, if you look at Lucia and Seila Law, it may be tomorrow that ALJs who don't toe the line can be removed. Think 500 hearings. Think approval rates. Think paying too many or too few claims.

The long knives are out for the deboners.

Very discouraging last paragraph

[roymcavoy]

“He also intends to issue a second order that would restore collective bargaining power for federal workers, revoke an order from former President Donald Trump that exempted some federal positions from competitive hiring procedures and civil-service protections, and direct agencies to start planning for a $15 minimum wage for federal workers and contractors.”-WSJ

SSA did not feel the severe repercussions of the Trump Admin until 2018. ALJs were hired in fall 2017–the first real action that affected SSA en masse were the EOs regarding OPM and competitive service, followed by the lack of bargaining with the unions.

I just don’t think there is enough information to know what is going to happen big picture. Everyone thinks Seila means one thing for SSA, but with the change in Admin, is there even a case in the pipelines to give USSC the chance to render that decision? The COS change for C. Saul could be the type of bargain that prevents a case from reaching USSC—“you are doing fine results wise, but we are overhauling the relationships with unions. Take this COS and you can stay in your position another year.”

Humans hate change. Any change is change, but that does not mean all change is bad.

[jimmy224]

Chances we get permanent telework from here on out?

[recoveringalj]

No mention of the conversion of ALJs from competitive to excepted service in the article. Rescinding Schedule F is something entirely different. I guess we’ll have to wait and see.

[bettrlatethannevr]

Right, the ALJ competitive/excepted service conversion has its own executive order (13843), which can be just as easily rescinded but has not yet been. Obviously not the priority as the ones today, but hopefully still somewhere on the table. In September 2020, OPM issued a proposed rule that would have codified this executive order. The comment period ended in November. My understanding is that OPM never issued a final rule, but it would be good if someone knew for sure; it's a lot easier to rescind an EO than to disentangle codified regulations. I know there was also a bipartisan legislative attempt to protect all ALJs against this type of restriction, which obviously would be the best answer as it would prevent a new administration from trying to bring this back someday.

[elninost0rm]

Jan 22, 2021 10:02:42 GMT -5 jimmy224 said:

Chances we get permanent telework from here on out?



I'm not sure about "permanent," but I'd like to think that post-COVID (whatever/whenever that means/is), we'll never go back to the draconian levels from Saul.

[elninost0rm]

Jan 23, 2021 1:56:39 GMT -5 @pikapika said:

Jan 22, 2021 20:44:46 GMT -5 elninost0rm said:

Jan 22, 2021 10:02:42 GMT -5 jimmy224 said:

Chances we get permanent telework from here on out?



I'm not sure about "permanent," but I'd like to think that post-COVID (whatever/whenever that means/is), we'll never go back to the draconian levels from Saul.

Your lips to God’s ears. Full time telework is a little much, but the Saul plan was particularly cruel to legal assistants. I’m also shocked at the number of management types I have heard express surprise about how useful (and morale boosting and fiscally responsible) telework can be, like it’s brand new.

Bolding mine.

You can say that again.  I'm an HCSS in my office and the only thing the last ~9-10 months have proven is how little we actually need to be there to keep the ship afloat, never mind the two days per week that were perfectly adequate to handle anything that wasn't caught in the umbrella.  Hell, even paper cases are being made electronic now.

[hopefalj]

Jan 21, 2021 22:59:52 GMT -5 jagvet said:

Biden fired NLRB GC Peter Robb and also suspended burrowed NSA GC Michael Ellis. IMHO, the administration forced Saul and Black to bring on minders while they are transitioned out. My earlier predictions are simply wrong. The new administration will be forcing out all those affiliated with the last administration.

Before we cheer too loudly today, if you look at Lucia and Seila Law, it may be tomorrow that ALJs who don't toe the line can be removed. Think 500 hearings. Think approval rates. Think paying too many or too few claims.

The long knives are out for the deboners.

I’m far less concerned about it now than I was a week ago. With those cases, the horse has most likely left the barn in terms of removal protections. It’s going to loom over our heads indefinitely I suppose, but the new administration is already setting a tone that is contrary to the potential whims of Baltimore wonks axing people for these types of things rather than openly promoting it and providing the tools with which to do it.

I’m actually a little surprised management didn’t take more advantage of the environment while it could, though maybe I shouldn’t be given my general thoughts about them. Of course, I’ll get to concern myself with it every 4 years from here on out, but I’ll worry about it again in 2024. Until then, I’ll keep doing my job and hope for a return to normalcy.

[bolton]

Best change - Saul is "Acting"