Mark Miller writes for the New York Times about the challenges that a new occupational information database presents for the Social Security disability programs. He’s not sure what’s going to happen but feels something is coming sooner or later. I agree with him on this. Ominously, he expects that now supposedly withdrawn revisions to the agency’s regulations that would make it dramatically more difficult for older people to be approved for disability benefits will come back at some point. I strongly doubt that such a thing will ever be politically feasible; maybe if Republicans win an overwhelming victory at the polls next year but that’s unlikely.
SSA pulled the Mega Reg, which is good. But ORS is on the back burner. If you think VE testimony at hearings is a bunch of made-up "stuff" (which is often true), look more closely at the Disability Determination Explanations (DDEs) from DDS. There is no way a Disability Examiner with a few years experience and 6 hours of videos is qualified to act as a Vocational Specialist. See POMS: DI 25003.005 (Designating Vocational Specialists).
ReplyDeleteCan you say after midterm elections when there's nothing to lose. However, I think the dreaded Chevron Decision works in favor of the status quo regarding age considerations and would require congressional legislation to change unless Heritage Judges rubber stamp it.
ReplyDelete@Chevron deference no longer exists. We now have the "major questions doctrine," which could make it very difficult for SSA to modify the age considerations unilaterally, because of the potential economic impacts.
ReplyDeleteChevron deference is alive and well unless the plaintiff is a representative of the GOP or a wealthy businessman willing to give Clarence Thomas and/or Samuel Alito some fancy accommodations.
DeleteAmerican democracy is dead, dead, dead (to use the late Antonin Scalia‘s words)! and the Supreme Court is nothing but a group of 6 or 7 unelected politicians in robes and 1 or 2 genuine justices with genuine values.