September 7th, 2007

"Budget and Staffing Shortages Main Cause of Backlog"

A recent immigration ruling could create a serious logjam of millions of social security disability and retirement claims, according to Social Security Administration (SSA) officials.

“No-Match” Letters

David A. Rust, the agency’s acting deputy commissioner, filed papers in federal court yesterday in response to a judge’s ruling to temporarily halt the SSA’s mailing of 141,000 “no-match” letters.

The letters are intended for employers who have submitted employee names and social security numbers that do not match agency records. Though such letters have been sent to employers for years, these letters include a notice by the Department of Homeland Security regarding new penalties for employers who hire and continue to employ unauthorized workers.

Enforcement of Immigration Labor Laws

Immigrants have long relied on counterfeit social security cards to gain employment in the United States, and employers frequently overlook this fact. Enforcement of laws against immigrant labor in the past has been lax, but authorities are now threatening strict enforcement under new rules laid out under President Bush’s campaign to control illegal immigration.

More than 8 million workers could be affected by the agency’s letters, and employers who fail to enforce the rules face thousands of dollars in fines—$10,000 for each violation—as cited in the SSA’s letters, which were set for mailing on Sept. 1.

ACLU, Labor Groups File Suit

Last week, the American Civil Liberties Union and several labor groups filed a lawsuit to stop the agency’s action. On Friday, Judge Maxine M. Chesney temporarily banned the SSA from sending the letters and set a date of Oct. 1 for a hearing on the issue.

The Government’s Case

However, lawyers for the government say that further delaying the mailing would cause the agency “significant harm” and “interfere with its ability to carry out its core functions.” The mailing was delayed earlier this year for several months during the Senate’s immigration debate.

The government’s filing yesterday asked that the hearing date be moved up to Sept. 19, but the judge denied that request.

Social Security Disability Backlog

The growing social security disability appeals backlog has been the topic of much recent debate. Currently, nearly 750,000 claimants are awaiting a hearing, the waiting time for which ranges from 17 to 31 months.

SSA officials cite “severe budgetary constraints” and shortages in staffing.

(Source: New York Times online)

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