ABA offers input on changes in Social Security disability determination process

"As the umbrella organization representing the legal profession in the United States, the ABA has been able to draw upon the considerable expertise of our diverse membership – claimant representatives, administrative law judges, academicians and agency staff – to develop a wide-ranging body of recommendations on the disability adjudication process," wrote ABA Director of Government Affairs Robert D. Evans in a letter [PDF] sent to Jim McCrery (La.), chairman of the House Ways and Means Subcommittee on Social Security.  The letter was sent in conjunction with the subcommittee's hearing on recent changes implemented to improve the disability determination process.

Evans stated that there was a definite need for action to improve the operation of the Social Security disability program, noting the ABA had adopted recommendations that "encourage clarity in communications with claimants, procedural due process protections, and the application of appropriate, consistent legal standards at all stages of the adjudication process." About the March 2006 regulations promulgated by SSA, Evans said that there is much in the new process with which the ABA is pleased, such as the provision of a quick disability process for those who are obviously disabled, the elimination of the reconsideration level of appeal and the provision of on-the-recod hearings presided over by Administrative Law Judges appointed under the Administrative Procedure Act. Evans wrote that the ABA is looking forward to seeing how the proposed "predictive model screening software tool" works to identify the claims for those who are clearly disabled.

As the SSA commissioner and the House committee review the regulations in coming months and years, the ABA will continue to provide input on the performance of the improved process.

Back to top