Something may be about to happen on the mental listings front. First, a little back story on these listings to help you understand just how important and possibly controversial these listings may be. The mental impairment listings are not the only way by which a person claiming to be disabled by mental illness can be found disabled but they are certainly the most important. Mental illness is an extremely important component of Social Security's disability claims workload. Historically, the mental impairment listings have had the most effect of any of Social Security's listings. Advocates for the disabled follow any mental impairment listings developments extremely closely.
Just before the 2008 elections, Social Security obtained approval from the Office of Management and Budget (OMB) for new mental impairment listings. Social Security then did something extremely unusual. It never published that proposal and eventually withdrew it. I have no knowledge of what happened behind the scenes on the 2008 mental impairment listings but my assumption then and now is that the proposal would have regarded as harsh. by many. I think that Social Security Commissioner Michael Astrue did not publish the proposal because he knew that the incoming Obama Administration would have refused final approval for the proposal and because he knew that even publishing it would have poisoned his relationship with the Obama Administration and Congress.
Social Security submitted a new proposal to OMB for changes in the mental impairment listings on May 12, 2010. We do not know what is in this proposal. It could be identical to the proposal approved by George W. Bush's OMB in 2008 but I would be surprised if it were. What I do know is that OMB is supposed to act upon proposed regulations within 90 days and that time is up next Tuesday. This is not a hard deadline. OMB can extend it. An extension of the deadline would be a strong sign that OMB and Social Security are talking and even negotiating about the proposal. Even if it is delayed, it is unlikely to be delayed for more than a month or two.
Something is coming. Stay tuned.
Just before the 2008 elections, Social Security obtained approval from the Office of Management and Budget (OMB) for new mental impairment listings. Social Security then did something extremely unusual. It never published that proposal and eventually withdrew it. I have no knowledge of what happened behind the scenes on the 2008 mental impairment listings but my assumption then and now is that the proposal would have regarded as harsh. by many. I think that Social Security Commissioner Michael Astrue did not publish the proposal because he knew that the incoming Obama Administration would have refused final approval for the proposal and because he knew that even publishing it would have poisoned his relationship with the Obama Administration and Congress.
Social Security submitted a new proposal to OMB for changes in the mental impairment listings on May 12, 2010. We do not know what is in this proposal. It could be identical to the proposal approved by George W. Bush's OMB in 2008 but I would be surprised if it were. What I do know is that OMB is supposed to act upon proposed regulations within 90 days and that time is up next Tuesday. This is not a hard deadline. OMB can extend it. An extension of the deadline would be a strong sign that OMB and Social Security are talking and even negotiating about the proposal. Even if it is delayed, it is unlikely to be delayed for more than a month or two.
Something is coming. Stay tuned.
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