ABA comments on Social Security Administration’s disability proposals
 The ABA has responded (PDF) to Social Security Commissioner Jo Anne Barnhart’s request for comments on proposed rules for restructuring the disability appeals process, based on the Association’s extensive body of policy in this area. Those policy positions and the expertise of ABA leaders also guided discussions during the past two years between the ABA and Commissioner Barnhart and her staff as the plans were developed.
The ABA commended the Commissioner on her efforts to improve the accuracy, consistency and timeliness of the administrative review process, and expressed support for several of the proposals, including establishing a quick disability determination process to resolve the claims of those who clearly are disabled, eliminating the reconsideration level, and continuing the non-adversarial nature of the administrative law judge hearing.
But it expressed concern about the ethical implications for lawyers of a proposal to require disability claimants to submit to the agency all available evidence, including that which is unfavorable. The ABA said that such a rule would cause significant conflict for claimant lawyers “torn between following an agency rule and complying with their professional responsibilities towards their clients,” and could place the Social Security Administration in the position of “attempting to override a lawyer’s sworn duty to obey the professional rules of the jurisdiction in which the lawyer is licensed to practice.”
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