The current SSA climate has created a rising workload with less office staff to get the work done. We point this out because this type of environment usually adds to one where actions or inactions —though unintentional and by well intended civil servants with outstanding records of performance—can lead to public scrutiny, politically motivated criticisms and accountability demands. Because SSA Managers work with the public and make decisions on behalf of or in the interest of the public, there is exposure to both administrative complaints as well as civil actions.

Common misconceptions that administrative matters and civil actions will automatically be dismissed or defended against by your agency are incorrect. Administrative complaints and civil actions can be brought upon by subordinate employees, co-workers, members of the public or some other entity. These complaints and actions can and do lead to OIG, OSC, EEO and even Congressional investigations with possible proposed disciplinary action requiring the need to defend yourself. Find out why PLI is necessary to EEO claims.

Fair and Equitable Treatment - Why We Are Concerned, written by Tony Pezza, NCSSMA Past President, is a must read article for all SSA managers and supervisors. 

SSA managers obtain Professional Liability Insurance (PLI) for the administrative, disciplinary, civil and even the criminal coverage's the policy provides. For examples of administrative & disciplinary situations, civil suits and criminal investigations, visit SSA scenarios.  For coverage effective immediately, you can purchase PLI now.

FEDS panel of attorneys has successfully defended SSA employees in a variety of investigations and disciplinary cases. Most of the employees represented never thought this would happen to them. Some had professional liability insurance in place and some didn't. Investigations and proposed disciplinary actions can happen to the innocent—and even the most well intended civil servant can unknowingly or unintentionally commit a violation, a civil service or other law, rule or regulation. If it happens to you, having liability insurance will ensure that a complete legal defense is not cost prohibitive. Please read the Administrative Benefits of the policy for additional information.

SSA managers can also be exposed to civil suits and criminal investigations, albeit at a much lesser degree than the administrative exposures. These civil suits are typically called Bivens actions and the DOJ has the discretion as to whether or not it will defend you in a personal capacity lawsuit arising out of your scope of employment. An SSA employee can be investigated criminally for even the most trivial matters and false allegations. See Civil Exposures and Criminal Exposures for additional information about civil and criminal exposures.

Defending against these allegations of misconduct or other wrongdoing is difficult and in many cases requires SSA managers to hire and pay for outside legal counsel - even if the allegation is ultimately disproved. Having an attorney experienced in federal matters to advise you of your legal rights and obligations and also the parameters of the law under which you've been accused is imperative in the initial investigative stages. Access to an attorney would also:

• defend against allegations;
• prepare you for the agency administration or investigation process;
• attend the investigative interview with you; and
• defend you in any resulting disciplinary action (both at the agency level and at the MSPB).

These things do happen to good managers and supervisors - and if it happens to you without insurance, you must get and pay for legal representation. A former federal executive had this to say about liability insurance: “In my experience, the potential liability management officials face is not so much the risk of a Bivens-type judgment, but the extraordinary cost of legal representation to defend civil suits, allegations of misconduct, or unfounded ethics complaints.” Read the full quote and other testimonials and endorsements here.

These are also the very reasons that Congress enacted special legislation requiring agencies to reimburse all managers and supervisors up to ½ of the cost of professional liability insurance. This congressional action clearly demonstrates Congress’ official support and belief that managers and supervisors have a sense of security while making the tough decisions that are part of the job. With annual costs at $270 and a net cost of only $135 a year after reimbursement for our minimum coverage limit, there is no reason not to have career and financial security protections in place. If you are a member of the National Council of Social Security Management Associations (NCSSMA), you may want to contact them for your FEDS discount code.

FEDS continually works with the NCSSMA as well as other federal employee communities and associations - to ensure that we provide the protection Feds need to do their jobs. Maneuvering the investigative process without legal counsel is not recommended by these leading federal associations and law firms representing federal employees. Please read what these associations and other industry leaders have to say about professional protection and why they endorse FEDS over all other professional liability carriers.

FEDS founder is a former federal employee who has defended federal employees in private practice. He encourages all federal employees to be as informed as possible about the benefits of having PLI protection in place. Read more about how and why FEDS got started here. And if you can't find answers to your questions in FAQ's, please call us at 301-229-2481.