The Biden administration is going to have a lot of work to do in its initial days just in removing the Trump administration’s political appointees, among them those at the Social Security Administration. Joe Davidson writes in an opinion piece for The Washington Post that Social Security Works and other advocacy groups have a petition demanding that these Social Security Administration Trump appointees be removed, signed by nearly 230,000 people. The Association of Administrative Law Judges and National Council of SSA Field Operations Locals agree, saying they have “no confidence” in Commissioner Andrew Saul and Deputy Commissioner David Black.
Social Security Works is also asking President-elect Joe Biden to remove Deputy Commissioner Mark Warshawsky. Social Security Works says that he is behind Social Security’s attack on people with disabilities. The current Social Security administration is conducting more eligibility reviews of people with disabilities that can lead to lower or no benefits. And, a proposed regulation calls for reviewing eligibility at the “earliest point” to ensure people return to work as soon as possible.
Biden has not agreed to removing Commissioner Saul. Even if he does, it might not be easy, although Social Security Works says that the Supreme Court gives the President the authority to do so. Trump appointed Saul for a six-year term ending 2025. It’s also possible that Saul might agree to resign.
With Saul as Commissioner, Biden could face a challenge reversing the SSA final regulations as well as the ones that are still pending. It appears that the law requires the Commissioner to do so.
According to Social Security Works, Trump’s appointees have closed Social Security field offices, reduced staffing and more to make it hard to get Social Security benefits. In addition, they have left people feeling unsure about Social Security’s future.
President Obama appointed Carolyn Colvin to head the Social Security Administration. But, the Republican-led Senate would not confirm her appointment. Consequently, SSA has only been run by Senate-confirmed Democratic appointees in eight of the last 40 years.
Saul and his Republican colleagues at SSA also want to put SSA lawyers in charge of hearing appeals from people with disabilities challenging the denials of their eligibility for benefits. Putting SSA lawyers in charge would prevent these appellants from having administrative law judges conduct independent reviews or from having judges with experience conduct reviews.
Alex Lawson, Executive Director of Social Security Works says: “Union busting and the demoralization of the SSA workforce is causing many employees to resign. This makes it difficult for SSA to provide beneficiaries with a high-quality level of service. The agency needs new leadership at the top who will work to strengthen the agency and make it a desirable place to work, instead of driving people away.”
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