Early Comments on New Rules

These are some early observations on the new rules based upon a quick reading:

• The new regulations are effective on August 1, 2006.
• The new regulations will affect only the Boston region of SSA for at least a year. Commissioner Barnhart's term in office will be over before that year ends. Commissioner Barnhart may be nominated and confirmed for a second term, although that is uncertain. It is likely that there will be a new President before the new rules reach most of the country.
• Continuing disability reviews are not part of the new plan.
• The new rules are supposed to affect only disability claims, leaving non-disability claims to be processed under the old rules, but the new rules contain almost no discussion of how to handle cases in which a disability claim includes a non-disability issue.
  
• ALJs will be required to give 75 days notice of hearings.
• Claimants will be able to submit new evidence until 5 days prior to a hearing.
• The current rules on reopening will apply to all cases other than disability claims decided by ALJs. Those decisions could only be reopened within 6 months after the ALJ decision.
• The new quality review process is not described. Indeed, it seems obvious that it is far from ready.
• The Federal Expert Unit is not described in detail. Indeed, it seems obvious that it is far from ready.
• An ALJ would be required to explain "in detail" the reasons for any disagreement with a Reviewing Officer.
• There will be no specific requirement that a claimant submit adverse evidence, but there is a requirement to submit evidence and to not submit redacted evidence.