Comment When the Social Security Administration’s inspector general investigated allegations earlier this year that one of the agency’s senior leaders had routine problems at work, six witnesses painted a disturbing picture. Theresa Gruber, deputy commissioner overseeing approximately 9,000 employees and a $1.2 billion budget in the hearings and appeals function, which appears “Significant irregularities” at work over the course of at least a year, including slurred speech in which she “appeared drunk,” left meetings without notice, slumped in her chair and aggressive behavior, witnesses told investigators. But five months after acting Social Security Commissioner Kilolo Kijakazi came forward with the internal report, obtained by The Washington Post, Gruber remains on the job. The witness claims were confirmed to The Post by three senior Gruber staff members, who spoke on condition of anonymity to discuss internal matters. In recent months, Inspector General Gail Ennis office has received more formal complaints about Gruber’s behavior, according to people with knowledge of the communications. She continued to act erratically, three agency officials said, and in recent weeks missed several meetings of her leadership team. Gruber, who was not interviewed by investigators contrary to standard practice in administrative investigations, declined to comment for this story. Staff members told investigators that while they did not directly see Gruber consume alcohol on the job, her behavior led them to wonder if she had been drinking. Gruber, 53, is also diabetic, the report notes, a condition that, when poorly treated, can cause irritability, disorientation or slurred speech. She told a close circle of colleagues that she was dealing with medical issues stemming from the condition, according to the report. Witnesses told investigators that whatever the cause, Gruber’s behavior has affected her management of the Agency’s Office of Hearings, which manages one of the largest administrative justice systems in the world. A senior official interviewed by The Post described a “rudderless” department under Gruber, who sometimes she doesn’t communicate with her staff for days at a time, the official said. “She’s MIA and they’re not holding anyone accountable,” said this person, who spoke on condition of anonymity because they were not authorized to discuss the matters publicly. Another official described “delays in decision-making” and important meetings and difficulty getting Gruber’s attention — factors they say threaten the department’s mission to conduct impartial hearings and rule on appeals involving retirement and survivor and disability benefits for poor and elderly Americans. “If you can’t do this job anymore, frankly, you should put your hand up and say, ‘I can’t do 100 percent anymore,’” said another person on Gruber’s staff, who expressed his frustration that “nothing has been done. .” The investigation, which was labeled a “preliminary investigation” before being sent to Kijakazi in February, took place as Social Security faces intense scrutiny on Capitol Hill, with the agency is struggling to fully restart operations after a more than two-year shutdown during the pandemic, and its inspector general is facing multiple investigations into huge office fines imposed on the disabled and the elderly. Watchdog opens investigation into huge Social Security fines on poor, disabled people Kitzakazi, whom President Biden appointed deputy commissioner a year ago, also had strained relations with Ennis, whose office is charged with overseeing the agency that distributes retirement benefits to 69 million Americans and monthly disability checks to about 15 million others; according to people familiar with their club. Kijakazi’s staff is investigating Ennis’ management of an anti-fraud program that inflated penalties of up to hundreds of thousands of dollars to poor, elderly and disabled claimants accused of receiving benefits they were not entitled to. The acting commissioner announced she would conduct an investigation following a report by The Post in May. The program has been put on hold indefinitely. How a Social Security program piled up huge fines on the poor and disabled Mark Hinkle, a spokesman for Social Security, wrote in an email that “due to confidentiality orders we cannot comment on any alleged circumstances” of the content of the inspector general’s report on Gruber. “When we receive allegations of potential personnel issues, including those involving officers or directors, we take appropriate action as necessary,” he wrote. Hinkle defended the work of Gruber’s department during her tenure, writing that “Waiting times for disability benefit hearings are steadily falling from their 2017 high and the number of pending hearings is nearing a 21-year low.” He added: “Given this and the information available, we have confidence in the leadership of the Office of Hearing Operations.” Federal government operations experts said the apparent inaction could make officials reluctant to report management problems in the future. “Social Security’s leadership is clearly protecting one of its own,” said Nick Schwellenbach, a senior researcher for the Project on Government Oversight, which tracks the work of federal inspectors general and advocates for reforms to the system, after The Post described . complaints against him. “If you’re just sweeping the problem under the rug, that’s something that kills public confidence in federal agencies.” The investigation was launched by Ennis staff in December, the report notes, after the warden’s office received a complaint about Gruber, a career civil servant who has worked at Social Security for 31 years, rising from a claims representative in a Minnesota office to a promotion in 2015 to one of the agency’s most powerful roles. Her department manages half a million hearings and appeals annually for claimants seeking disability, retirement and survivor benefits, with more than 1,500 judges and administrative law officers in 10 regions and nearly 170 local hearing offices. Gruber’s Staff members described to The Post an innovative, decisive and empowering leader who won praise for overseeing efforts to reduce the backlog of publicized disability hearings and more recently for transitioning her employees to telecommuting during the coronavirus pandemic. Those executives also called her an outspoken manager who could be gruff and more recently crossed the line into “intense anger…often over trivial matters,” the report said. Witnesses described escalating problems at work, behavior that “appears to have been common knowledge” in her department, investigators wrote. Her behavior sometimes improved, though only sporadically. Some of Gruber’s staff saw that he could not remember things he had just said or decisions he had made recently, according to the inspector general’s report. They described having to be reminded of appointments in her diary or not showing up to appointments at all. Sometimes he would get upset during meetings, disconnect and then fail to return phone calls or emails when staff tried to contact her. An employee told investigators that some of Gruber’s aides would resort to preventing her from “making important decisions” on days when she was acting out. Others said he had begun to delegate decisions. This behavior was seen in meetings large and small on Microsoft Teams, the video conferencing software Social Security used to communicate during the pandemic. District chief judges, district directors and administrative law judges were present, the report said. Some employees were so concerned during the gatherings that they sent instant messages questioning her behavior and speculating about whether she had been drinking, according to investigators. A person on Gruber’s staff told investigators that her behavioral changes extended “beyond their professional interactions” and involved personal after-hours calls in which he appeared to have problems, the report said. It is unclear why Ennis staff did not interview Gruber, a standard practice in an inspector general investigation, three federal watchdogs said. The report concluded by referring its findings to the agency “for any administrative action deemed warranted” and requesting a written response explaining “the final disposition or administrative action to be taken.” The report said the inspector general’s office took “no position” on “imposing administrative action” against Gruber. The investigation was not made public. Inspectors general have different practices when it comes to disclosing reports about senior officials, as they seek a balance between protecting staff privacy and exposing harmful behavior. If a leader cannot perform his job, he violates one of the basic principles of the federal merit system to “manage employees effectively and efficiently.” The more senior the leader, the less privacy they tend to be afforded, said several inspector generals who spoke on condition of anonymity to discuss sensitive matters. In cases where an employee exhibits behavior which affects their ability to work, It is common practice in federal agencies for managers to ask their personnel departments to conduct an internal review and then recommend that the employee take medical leave to address the issue, particularly in cases of drug or alcohol abuse, according to experts in the federal government functions and written policies. Ennis’ office gave Kijakazi 60 days to respond in writing to his report on Gruber. For reasons that are not clear, the inspector general did not complete his investigation to write a full report. A spokeswoman for Ennis declined in an email to “confirm or…
