A press release:
Today, Ways and Means Committee Chairman Richard E. Neal (D-MA), Social Security Subcommittee Chairman John B. Larson (D-CT), and Worker & Family Support Subcommittee Chairman Danny K. Davis (D-IL) released the following statement regarding reports of a draft Social Security Administration (SSA) rule that would narrow the eligibility criteria for Social Security and Supplemental Security Income (SSI) disability benefits:
“Yet again, the Trump Administration is going out of its way to make life more challenging for the most vulnerable people in our country. The United States government already has extremely stringent disability standards. In fact, fewer than four in 10 applicants are found eligible for Social Security disability benefits, even after all levels of appeal. This rule would further restrict eligibility, making it even harder for disabled people to access the essential income they’re qualified to receive. We are particularly alarmed that news of this latest proposal comes on top of the Administration’s recent efforts to cut off benefits for severely disabled people whom the agency already found eligible.
“Instead of working to strip disability benefits from people who qualify, the SSA should focus on its truly pressing problems. Resources should go toward cutting lengthy wait times on the phone and at field offices, eliminating benefit backlogs, and hiring personnel to improve the agency’s lacking services.
“We strongly urge the Trump Administration to reject this cruel proposed rule and reassess SSA’s priorities.”
18 comments:
Can the administration pass this rule without the consent of Congress? You would think that such a major change in the eligibility rules would require legislation passed by Congress?
A Dem in direct conflict with a Rep proposal. Wow, never saw that coming.
This so called republican administration has given tax cuts that at first glance permanently help the wealthiest corporations that continues to layoff and outsource work and keep wages meager.
And it seems the deficit will be in part corrected on the backs of the poor and disabled.
I hope i'm not the only woke person in america.
No sane republican prior to W would have even proposed this. If we can raise the retirement age with elimination of the grids effectively, combined with the only decreasing life expectancies in the western industrialized world, maybe nobody will be around to draw their social security. Can they ever get enough? Maybe after they have indebted, foreclosed and sucked the life out of every formerly secure middle class American they will be satisfied!
"Raise the retirement age by ending the GRID" smh
Maybe this is Saul’s plan to reduce the backlog....prevent anyone from being approved for benefits and you won’t have a backlog. Maybe this is why he is still out of the office going on 67 days now according to the Saul watch counter....he’s pushing this rule in DC.
@9:52
The guidelines were created by social security without the consent of Congress and the Supreme Court said it was within Social Security's rulemaking authority to do create them without congress. Heckler v. Campbell, 461 U.S. 458 (1983).
So I would imagine Social Security could also modify the guidelines without the consent of congress. On the other hand, it's been nearly high a century, and the current court isn't known for looking favorably on agency power. Might be a risky thing to do. Footnote 8 in Heckler is intriguing, as it indicates the Court was not addressing whether the guidelines as to age were arbitrary, despite the 11th circuit specifically holding that. I would imagine that could be relevant if there was a challenge to the rule change.
hey 11:55am A republican PIG never seen that coming
@ 9:08, not sure where you get your info about "out of the office." I know people that met with him, in the office, several days last week.
The rules are difficult enough to wade through. We do not need to make them more difficult, only easier. I would like to go back to the treating physician rule and identifying jobs in the state or regional economy. There are no unskilled sedentary jobs here, but according SSA there are a significant number such jobs in the national economy.
@4:57 pm It is a running joke across the agency that he’s been listed as offline in the GAL and Skype for 67 days. There is a PDF circulating the agency with screenshots of his offline status.
@5:21
Worse than that, most of the circuits still give the treating physician deference as a matter of law, law which predates Social Security's regulations on the topic and can't be overturned just by retracting regulations made in response to the law.
@9:42 AM
Your grasp of this seems pretty weak. The federal courts are obligated to follow the laws passed by Congress, and are equally obligated to follow agency regulations of this sort where properly promulgated in accordance with a lawful delegation of Congress's legislative authority. So you're dead wrong if you think that SSA can't abrogate the common-law rules via its regulatory authority.
@ 9:13, how sad.
Never met the man, but couldn't care less if he uses Skype to communicate.
@1:38
Go read the old caselaw. It's not complicated.
Its admin law C'mon Man
Lovey, Skipper at the club has informed me of this horrible social security disability program that actually gives extra consideration for normal people when they are over the age of fifty! Can you imagine such a thing? We must do something about this! It's been at least six month since Charles Koch and I got our last billion dollar tax cut!
@4:17 PM
1:38 here. Already quite familiar with the case law concerning deference to treating physicians. As 8:27 AM suggested, go take an administrative law class.
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