On Friday, Acting Social Security Commissioner Leland Dudek indicated that he is consulting with agency lawyers and the Justice Department regarding a potential shutdown of the Social Security Administration (SSA). This drastic response comes after a court ruling that blocks Elon Musk’s team from accessing sensitive taxpayer data. The ruling by Judge Ellen Lipton Hollander of the U.S. District Court for the District of Maryland issued a two-week temporary restraining order. This order prohibits Social Security officials from sharing personally identifiable information (PII) with Musk’s U.S. DOGE Service, which has been tasked with implementing cost-cutting measures across various government departments.
In her ruling, Judge Hollander criticized DOGE for engaging in what she described as a “fishing expedition” at the SSA, seeking to uncover a fraud epidemic based on mere suspicion. She noted that the DOGE team “never identified or articulated even a single reason” for needing unlimited access to the agency’s comprehensive record systems. This ruling raises significant concerns about the protection of personal data held by the Social Security Administration.
In an interview with The Washington Post, Dudek contended that the judge's ruling was excessively broad. He suggested that the term “DOGE affiliates” could encompass all employees who access PII, as they are required to cooperate with DOGE. Dudek announced plans to file an affidavit requesting clarification from Judge Hollander, calling her language “ambiguous,” “overly broad,” and “weirdly written.” He expressed the urgency of the situation, stating, “Everything in this agency is PII. Unless I get clarification, I’ll just start to shut it down. I don’t have much of a choice here.”
Dudek first hinted at the possibility of closing the agency during a Bloomberg News interview on Thursday night. Such a drastic measure would mark an unprecedented event in the agency’s history and would have immediate repercussions, potentially halting benefit payments for millions of Americans who rely on Social Security.
Lee Saunders, president of the American Federation of State, County and Municipal Employees, criticized Dudek’s actions, stating that the judge’s intentions were clear. He accused Dudek of behaving “like a child who didn’t get his way.” Saunders emphasized the agency's long-standing reliability, noting that for nearly 90 years, Social Security has never missed a paycheck. He added, “Acting Commissioner Leland Dudek has proven again that he is in way over his head, compromising the privacy of millions of Americans.”
Judge Hollander’s comprehensive 137-page order is part of a series of legal setbacks for DOGE, which stands for the Department of Government Efficiency. Other federal judges have similarly ruled against DOGE, preventing the Treasury and Education Departments from sharing sensitive data with Musk’s team. However, the scrutiny surrounding DOGE's activities at the SSA is particularly acute due to its role as the primary repository of Americans’ most sensitive personal and financial information. The agency serves approximately 73 million retired and disabled Americans who receive monthly benefits.
In response to the court ruling, the White House accused a “radical leftist judge” of attempting to undermine President Donald Trump’s agenda at Social Security. Spokesman Harrison Fields stated that the President would pursue all legal avenues to ensure the will of the American people is upheld. Meanwhile, Dudek's directive led to chaos at the SSA headquarters in Woodlawn, Maryland, where DOGE team members were denied access to their workspaces and government laptops.
Since being elevated to the acting commissioner role six weeks ago, Dudek has implemented significant changes, including plans to eliminate 7,000 staff positions and close numerous regional and field offices. He has claimed that fraud is rampant within agency operations, despite numerous audits refuting this assertion. The permanent nomination of Frank Bisignano to lead the agency is set for a Senate confirmation hearing next week.
As Dudek navigates this complex situation, he has indicated that he is “trying to get some sliver of access back” for the DOGE team, acknowledging their valuable contributions. However, he raised concerns about how the agency's vast workforce of over 50,000 employees could be classified as “not DOGE-affiliated,” further complicating the matter.
