Some excerpts from the House of Representatives Appropriations Committee report on the Fiscal Year 2021 appropriations bill (starts at page 298) that includes the Social Security Administration:
- The Committee considers the Notice of Proposed Rulemaking (NPRM) ‘‘Hearings Held by Administrative Appeals Judges of the Appeals Council’’ (84 Fed. Reg. 70080, December 20, 2019) to be an unjustified erosion of due process for individuals who are appealing a denial of Social Security or SSI benefits. As part of a beneficiary’s right to an impartial appeal process, an on-the-record hearing, conducted by an impartial judge with decisional independence, must be conducted in accordance with the Administrative Procedure Act to ensure due process, with-out agency interference, or political bias. Replacing this appeals step and the role of independent administrative law judges (ALJ)s with SSA employees, jeopardizes the independence of the process. In light of the harm that would be caused by this policy change, the Committee strongly urges SSA to immediately withdraw this proposed rule.
 - The  Committee  is  deeply  concerned  about  the  impact  of  Presidential  Executive  Order  13843  on  the  judicial  independence  of  administrative  law  judges  (ALJs).  The  Order  eliminates  the  competitive  hiring  process  for  ALJs  and  has  the  potential  impact  of  converting  independent  adjudicators  to  political  appointees,  undermining  longstanding  principles  of  fair  and  unbiased  consideration  of  matters  of  vital  importance  to  the  American  people.  ALJs  must  be  independent  decision-makers  and  it  is  the  Committee’s  expectation  that  SSA  maintain  the  highest  standards  for  appointment  of  ALJs.  The  Committee  directs  the  Ad-ministration  to  develop  and  submit  to  the  Committees  on  Appro-priations,  Ways  and  Means,and  Oversight  and  Reform,  a  report  on  hiring processes, to include an explanation of the process, qualification  standards,  and  criteria  used  to  recruit,  evaluate  and  hire  ALJs. 
 - The Committee is concerned that persistent labor-management relations problems are undermining the vital work of the SSA. Within 180 days of enactment of this Act, SSA is directed to submit to the Committee a plan, developed in consultation with labor organizations representing its workforce, to improve workplace morale and to strengthen employee recruitment and retention, to better serve the American people.
 - The Committee stresses its long-standing support for well-managed telework programs in the Federal workplace and is concerned about recent reductions in telework at SSA. Within 60 days of enactment of this Act, SSA is directed to submit a report to the Committee to explain each decision by SSA to reduce telework availability on or after October 1, 2019, which shall include any metrics used by SSA to reach these determinations, and an impact assessment on human capital in hiring and retention, in-creases to transit and parking subsidies, office space and utility needs changes, lost productivity and morale decline due to lost telework.
 - The Committee expects that once the COVID–19 pandemic ends SSA will resume in-person hearings on the same basis as prior to the pandemic.
 
      Some caveats: This is just the House version. The Senate gets a say as well. These are just recommendations. Even if finally passed they're not legally binding. This bill probably won't be finalized until early next year. There may be some new actors on the stage by then.
No comments:
Post a Comment