Social Security Administration to revise appeal rights regulations; ABA had urged changes
In late January, the Social Security Administration announced that it is rescinding a controversial proposed regulation that would limit Social Security and Supplemental Security Income benefits for some persons with severe disabilities.
The proposed changes would have applied to persons who were denied benefits not because of the severity of their disability, but rather because they were unable to follow the difficult procedural requirements mandated under the proposed rule or obtain critical medical evidence under the timelines imposed under the rules. The ABA is a strong supporter of improving the disability benefits process. While the proposed regulations have been rescinded, it is unknown what if any new regulations may be proposed.
As ABA members may know, the SSI and the SSA Disability Insurance programs have been sorely underfunded and have been plagued with administrative backlogs and other issues that have prevented claimants and their families from seeing their appeals move quickly through the process.
The SSA continues to review other provisions of the rule and has delayed the issuance of final rules on provisions that require applicants to supply medical records in a time period that may not be realistic. While the recent change and delay in final ruling are important first steps, the ABA will continue its efforts to see that cases are handled as quickly as possible and with an accurate decision as early in the process as possible.
In December 2007, the association sent a letter to SSA Commissioner Michael J. Astrue outlining its concerns about the proposed regulations, as well as applauding the commissioner for efforts on the process. The ABA is pleased that the commissioner has taken the step of rescinding the proposed regulations and is working to rewrite them.
The Section of Administrative Law, Judicial Division, National Conference of Administrative Law of the Judicial Division and the Commission on Law and Aging have been working together on this issue.
