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Departments & agencies

Social Security Administration

SSA Independent agenciesAt-will removal
At a glance
Type
Independent agencies
Removal of leadership
Removable at will
Appointed by
Appointed by the President, confirmed by the Senate
Structure
Single Commissioner of Social Security
Term
6-year term
Funding
Annual appropriations
Independence
Independent
Statute (42 U.S.C. 902(a)(3)) grants for-cause protection: removal only on a presidential finding of neglect of duty or malfeasance in office. But a July 2021 DOJ OLC opinion concluded the restriction is unconstitutional as applied to this single Commissioner serving a term longer than the President's (relying on Seila Law (2020) and Collins v. Yellen (2021)) and severable from the rest of the Act; President Biden then removed Commissioner Andrew Saul. The Ninth Circuit (Kaufmann v. Kijakazi, 2022) treated 902(a)(3) as severable. The executive accordingly treats the Commissioner as removable at will, a posture reinforced by 2025 removal-power litigation (e.g., Trump v. Wilcox). The statutory text remains unrepealed, so the de jure for-cause language survives even though it is unenforced.
What it does

The SSA administers the nation's Social Security programs: Old-Age, Survivors, and Disability Insurance (OASDI), plus the means-tested Supplemental Security Income (SSI) program. It issues Social Security numbers, maintains workers' lifetime earnings records, and pays monthly benefits to retirees, people with disabilities, and the families of deceased workers. Tens of millions of Americans receive payments through it each month.

FinancialLabor
How it fits
U.S. ConstitutionSocial Security Independence and Program Improvements Act of 1994 (1994)SSARules & actions

Created by Congress under the Social Security Independence and Program Improvements Act of 1994 (Pub. L. 103-296, 108 Stat. 1464; 42 U.S.C. 901-902 (independent-agency status effective Mar. 31, 1995)), it acts within the authority that statute grants. Its actions are subject to judicial review and to congressional oversight and funding.

Recent actions

View all actions on the Federal Register