The Coalition for Citizens with Disabilities (CCD), the largest umbrella group of organizations involved in advocating for persons with disabilities, has submitted comments on Social Security's Notice of Proposed Rule-Making (NPRM) on ensuring program uniformity at Social Security. CCD opposes the changes for these reasons (which are elaborated on in the CCD letter):
1. Creating an arbitrary deadline for the submission of evidence is inconsistent with the statutory and regulatory duties of the Commissioner to fully develop the record and inconsistent with the duties of claimants to submit all evidence as required in 20 C.F.R. §404.1512 and §416.912.
2. Excluding material evidence is administratively inefficient and will increase appeals to the Appeals Council and to federal court.
3. The proposed rule ignores the reality that testimony, and sometimes new evidence, is routinely introduced at or after ALJ hearings, and claimants and representatives need the opportunity to respond.
4. Serious problems and inconsistencies exist with the implementation of the 5 business day rule in Region I.