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.

No Time Limit on Acting Commissioner

There has been some chatter about how long current Acting Social Security Commissioner Kilolo Kijakazi can serve in that role without being nominated and confirmed as the Social Security commissioner. There was some concern that the Federal Vacancies Reform Act would limit Kijakazi’s stay as acting commissioner, but the Government Accountability Office said that Act does not prevent Kijakazi’s stay as acting commissioner because of the Social Security Act. Below is the decision from the GAO.

DECISION

This responds to a congressional request regarding the legality of Dr. Kilolo Kijakazi’s service as Acting Commissioner of Social Security at the Social Security Administration (SSA).[1]  As explained below, we conclude that Dr. Kijakazi is lawfully serving as the Acting Commissioner under section 702(b)(4) of the Social Security Act.  See 42 U.S.C. § 902(b)(4).[2]  Neither the Vacancies Act’s time limitations on acting service nor the restrictions on performance of the position’s functions and duties apply to Dr. Kijakazi.

 

In accordance with our regular practice, we contacted SSA to seek factual information and its legal views on this matter.[3]  SSA responded with its explanation of the pertinent facts and legal analysis.[4]  SSA also provided a copy of the President’s designation of Dr. Kijakazi as Acting Commissioner.[5]

Biden Names Lewis to Social Security Board

President Joe Biden recently nominated Sharon Lewis to the Social Security Advisory Board. Lewis, who currently works for Principal Health Management Associates working with clients on publically funded health care, served in the U.S. Department of Health and Human Services from 2010-2016. Below is a short background on Lewis’ prior responsibilities.

Lewis served in multiple leadership roles at the U.S. Department of Health and Human Services (HHS) from 2010-2016, including Principal Deputy Administrator of the Administration for Community Living, Senior Disability Policy Advisor to the HHS Secretary, and Commissioner of the Administration on Intellectual and Developmental Disabilities. At HHS, Lewis established initiatives to improve employment outcomes for people with disabilities, championed efforts to develop alternatives to guardianship, promoted Olmstead enforcement and Medicaid policy reform to ensure community integration for older adults and people with disabilities, and sought to improve support for family caregivers, among other efforts. Lewis also served on the U.S. Department of Education agency review team during the 2008 Presidential transition.

From 2007-2010, Lewis served as Senior Disability Policy Advisor to the U.S. House Committee on Education and Labor, and as a Joseph P. Kennedy Public Policy Fellow for the U.S. Senate HELP Subcommittee on Children and Families.

Social Security Conducts Forum on Programs for LGBTQIA Communities

Social Security’s National Disability Forum on equitable access to Social Security programs focused on programs for the LGBTQIA+ community in an effort to educate about the different types of programs the agency offers. The forum was held February 4, 2022. Below is a description of the event’s focus.

The purpose of this forum is to learn from stakeholders, advocates, researchers, medical experts, and the public how SSA can provide equitable access to the LGBTQIA+ communities to our disability programs. The discussion topics are:

  • Challenges gender diverse individuals face in finding and receiving healthcare;
  • Challenges gender diverse individuals face accessing SSA programs;
  • Self-attestation of gender markers;
  • Challenges gender diverse individuals face in finding work or re-entering the workplace; and
  • Issues gender-diverse children face.