Attorney General Dan Rayfield and a coalition of 20 other states filed an amicus brief supporting an injunction to block erratic and unlawful layoffs and mismanagement at the Social Security Administration by acting administrator Leland Dudek and the Department of Government Efficiency that jeopardize continued payments for millions of Americans.
The brief supports the plaintiffs in American Association of People with Disabilities v. Dudek and was filed today in the United States District Court for the District of Columbia.
“When Elon Musk’s meddling puts the stability of this critical system at risk, we can’t just sit back,” Rayfield said. “The people who depend on Social Security – older adults, veterans and disabled – deserve more than a game of chance with their futures. We’re demanding real accountability to put a stop to this mess.”
Millions of Americans receive monthly benefits through Social Security retirement, survivor, and disability benefits. As Dudek and DOGE inflict Silicon Valley’s move-fast-and-break-things approach, workers have reported utter chaos that has threatened to send the agency into a death spiral. Announcements have been made only to be rolled backs days or even hours later.
Offices have been slated for closure only to later be removed from lists. Indiscriminate layoffs have been done without regard for how the cuts will impact SSA’s ability to provide core services. All the while, Dudek and DOGE have failed to offer any coherent justification for their erratic actions, pointing instead to misinformation about debunked purported fraud, waste, and abuse.
Musk has falsely claimed that SSA pays out $100 billion annually in improper payments, referring to SSA as a “Ponzi scheme.” Trump has wrongly insisted that tens of millions of people over 100 years old were receiving Social Security checks. This is false. Less than 1 percent of total benefits paid between 2015 and 2022 were improper, according to the SSA’s Inspector General’s Office. Of those improper payments, most were due to mistakes or delays, rather than false information to obtain undeserved benefits. Dudek himself has rejected the notion that deceased people are receiving benefits.
Staff cuts are exacerbating Social Security’s problems, rather than improving its efficiency. About 2,800 employees have already retired or taken early buyouts promoted by DOGE. SSA and DOGE are planning even further cuts, despite administrative costs only amounting to 0.5 percent of its budget. Having fewer workers has led to longer lines at field offices and longer wait times on phones.
In 2025, callers have waited 50 percent longer on hold before speaking to a representative. Online users are faring no better after several website crashes. The Office of Transformation, responsible for managing the website, is in the midst of laying off roughly half of its information technology staff.
For many Americans, Social Security benefits make it possible to meet their most basic needs, including food, shelter, and health care. Further, Social Security is the pathway for eligibility for a number of other vital safety net programs, including Medicaid and Medicare and Supplemental Nutrition Assistance.
Plaintiffs claim the staffing cuts and reorganization measures have delayed benefits and limited SSA’s ability to meet the needs of beneficiaries with disabilities in violation of section 504(a) of the Rehabilitation Act of 1973, the Administrative Procedure Act, and the First and Fifth Amendments. The brief supports their request for a preliminary injunction.
Joining Attorney General Rayfield in the brief are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Rhode Island, Vermont, and Washington.
