From a press release:
Today, House Ways and Means Social Security Subcommittee Chairman John B. Larson (D-CT) and Worker and Family Support Subcommittee Chairman Danny K. Davis (D IL) introduced a Congressional Review Act resolution to overturn a harmful rule adopted by the Trump Administration. The rule, “Hearings Held by Administrative Appeals Judges of the Appeals Council” (85 Fed. Reg. 73138), changes the Social Security Administration’s (SSA) appeals hearings in ways that compromise claimants’ and beneficiaries’ due process, potentially limit their access to their earned benefits, and contradict the congressional intent of the law governing such proceedings. Specifically, the rule allows SSA to put unqualified agency attorneys in charge of appeals hearings, rather than independent Administrative Law Judges. ...
I wish he'd try to undo the musculoskeletal Listings changes instead. The AAJ hearings seem pretty unlikely anyway. The Listings changes went into full effect today.
AAJ hearings may be starting this fall. The AC extended the detail of certain temp AAJs (whose details should have ended in January), in a vaguely worded email about "specific, modeled workload needs later this year".
ReplyDeleteAAJ hearings are a sea change in SSA policy. Listings change every few years and Congress may just view this as the ordinary course of business. The Listing does at least clarify that merely bringing a cane to the hearing room won't guarantee you disability. Has a Listing change ever been reversed before?
Which rule change would affect the representative lobby the hardest?
Just had a training on the new listings with my attorneys. This should result in a flood of appeals to the Appeals Council.
ReplyDeleteI think it’s terrible Biden did not stop the Musculoskeletal Listings from going into effect, I tried to get the word out to the White House the past couple of weeks. I never received a response. This Listings change is more significant than the others I recall over the years. It is much more stringent, nearly impossible to meet, and written by Trump Administration with the intent and purpose to deny large numbers of claimants. Thus, these Listings aren’t exactly per the routine course of doing business every few years in the same manner other Listings updates have been. I really believe no one in the White House or Congress realized this, and it would behoove all of us to make them aware of this. Now, here come the increased denials and larger numbers of appeals! Also, I am surprised Saul & Black are still there.
ReplyDeleteWasn't the treating physician rule changed under the Obama administration?
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ReplyDeleteTechnically no. It was proposed being changed under the Obama administration, on January 18, 2017 (2 days before inauguration), but was applied as of March 27, 2017.
Not exactly surprising. Historically, democratic administrations have taken an interest in harming claimant's rights on a misbelief that they would be given credit for being arguably fiscally responsible.
Said Congressman should be seeking to ensure ALJs and AAJs have sufficient protections to perform their jobs independent of undue agency pressures. ALJs and AAJs need a voice.
ReplyDeleteAny rep that’s ever had an AC reversal should be thrilled at this prospect. When forced to actually try and make a decision, the AC’s incompetence generally favors the claimants. The MO is give the file to some octogenarian/nonagenarian ME who hasn’t practiced medicine in decades and just accept things like “Meets 9.00” as the basis for a fully favorable decision.
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