The Social Security Administration will continue its operations after Acting Commissioner Leland Dudek walked back comments suggesting he might shut down the agency following a federal judge's ruling that restricted access to agency data. Dudek issued a statement Friday saying he had received "clarifying guidance" on the court's temporary restraining order.
"Therefore, I am not shutting down the agency," Dudek said. "President Trump supports keeping Social Security offices open and getting the right check to the right person at the right time. SSA employees and their work will continue under the [temporary restraining order]."
U.S. District Judge Ellen Lipton Hollander on Thursday barred the SSA from granting Department of Government Efficiency (DOGE) personnel access to IT systems containing sensitive personal data. DOGE, tasked by the Trump administration with rooting out fraud and inefficiencies, had been working closely with SSA staff on data reviews.
Following the ruling, Dudek suggested in interviews with Bloomberg News and The Washington Post that the order's broad language might compel him to block all employees from accessing agency systems, including those responsible for processing benefit payments. "Really, I want to turn it off and let the courts figure out how they want to run a federal agency," Dudek told Bloomberg.
In remarks to the Post, Dudek doubled down, 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."
Judge Hollander swiftly addressed those claims in a letter to counsel Friday, rejecting Dudek's interpretation. "Employees of SSA who are not involved with the DOGE Team or in the work of the DOGE Team are not subject to the Order," she wrote. "Moreover, any suggestion that the Order may require the delay or suspension of benefit payments is incorrect."
Commerce Secretary Howard Lutnick appeared to fan concerns during an appearance on the "All In" podcast Thursday, speculating, "Let's say Social Security didn't send out their checks this month... The fraudster always makes the loudest noise, screaming, yelling and complaining."
The judge's ruling followed a lawsuit from public sector unions challenging DOGE's data access, arguing it posed privacy risks for millions of Americans. Hollander's temporary order blocks DOGE access for two weeks.
DOGE, led by Elon Musk, has come under scrutiny for its aggressive efforts to identify alleged fraud. Musk previously pointed to anomalies such as Social Security recipients with birth dates predating the oldest living individuals, though experts attribute those records to outdated computer systems.
A July 2024 report from the Social Security inspector general estimated $71.8 billion in improper payments over a seven-year period. In December 2024, roughly 90,000 Americans over age 99 were receiving Social Security benefits, figures Musk and DOGE have used to justify increased oversight.
Dudek initially argued the court's order would hinder his anti-fraud team and IT staff, which he said were staffed heavily by DOGE affiliates. However, Hollander's clarification specified that the order applied only to DOGE-affiliated personnel and did not interfere with regular SSA functions.
AARP weighed in following Dudek's shutdown warning, vowing to oppose any disruption. "Social Security has never missed a payment and AARP and our tens of millions of members are not going to stand by and let that happen now," John Hishta, Senior Vice President of Campaigns, said in a statement.
