Special Counsel Urges SSA to Allow Claimants Misinformed of Spousal Benefits to Refile for Full Relief
December 13, 2024
OSC alerted the President that claimants seeking spousal benefits have filed disadvantageous claims, even though claims examiners at SSA are required to provide information to help filers.
The U.S. Office of Special Counsel (OSC) today alerted the President and Congress that claimants seeking social security spousal benefits have filed disadvantageous claims, even though claims examiners at the Social Security Administration (SSA) are required to provide information to help filers maximize their benefits.
SSA internal rules require claims examiners to explain advantages and disadvantages of waiting to file for benefits until full retirement age and to document these discussions. The whistleblower, SSA Claims Specialist John McAdams, alleged claims examiners are failing to inform claimants of this critical information, often to the recipients' financial detriment.
OSC referred the allegations, and the SSA Office of Inspector General (OIG) confirmed that claimants have missed out on substantial benefits due to filing too early and could not establish that claimants had been properly advised. The OIG indicated it plans to conduct a full audit to determine how many claimants may have been impacted.
Special Counsel Hampton Dellinger determined the agency's findings appear reasonable “but only if the agency continues its review in order to provide a meaningful remedy to affected claimants."
As part of its investigation, the OIG conducted a limited audit using a sample size of 71 beneficiary cases. It concluded that 82 percent of claimants within this sample appeared to have filed, and SSA adjudicated, disadvantageous claims for spousal benefits. According to Mr. McAdams, the sample group was largely made up of government pensioners (both state and federal) who applied to receive spousal benefits.
Over the last decade, Mr. McAdams has filed several whistleblower disclosures with OSC seeking to ensure SSA claimants receive the benefits to which they are entitled. For his whistleblowing and longstanding commitment to public service, Mr. McAdams was the recipient of OSC's 2022 Public Servant of the Year award.
“I thank Mr. McAdams for his years of courage speaking up on behalf of claimants whose economic well-being has been negatively impacted by misunderstanding their options," said Special Counsel Dellinger. “Once the OIG completes its full audit to identify all adversely affected claimants, I strongly urge the SSA to allow each of them to re-file their claims retroactively and reimburse them for all monies owed."