Early Comments on New Rules

These are some early observations on the new rules based upon a quick reading:

• The new regulations are effective on August 1, 2006.
• The new regulations will affect only the Boston region of SSA for at least a year. Commissioner Barnhart's term in office will be over before that year ends. Commissioner Barnhart may be nominated and confirmed for a second term, although that is uncertain. It is likely that there will be a new President before the new rules reach most of the country.
• Continuing disability reviews are not part of the new plan.
• The new rules are supposed to affect only disability claims, leaving non-disability claims to be processed under the old rules, but the new rules contain almost no discussion of how to handle cases in which a disability claim includes a non-disability issue.
  
• ALJs will be required to give 75 days notice of hearings.
• Claimants will be able to submit new evidence until 5 days prior to a hearing.
• The current rules on reopening will apply to all cases other than disability claims decided by ALJs. Those decisions could only be reopened within 6 months after the ALJ decision.
• The new quality review process is not described. Indeed, it seems obvious that it is far from ready.
• The Federal Expert Unit is not described in detail. Indeed, it seems obvious that it is far from ready.
• An ALJ would be required to explain "in detail" the reasons for any disagreement with a Reviewing Officer.
• There will be no specific requirement that a claimant submit adverse evidence, but there is a requirement to submit evidence and to not submit redacted evidence.
  

Download New Rules While You Can!

Social Security has already modified its press release to eliminate the link to the text of the rules to be published in the Federal Register on Friday. This happened within the last hour. The final rule itself is still available online, but may disappear for the same reason the press release was modified.

What Happens To Federal Courts Under Barnhart Plan?

Below is SSA's response to complaints about the effects on the federal courts of the Commissioner's plan. This appears in the statement to be published in the Federal Register on Friday. This may be the most insurmountable problem with the plan and this response is not reassuring.

Many commenters, including the Administrative Office of United States Courts, thought that the shift of the Appeals Council’s functions to the DRB would have an adverse effect on the Federal court system and would result in an increase in the number of cases appealed to the Federal courts. To address these concerns, we plan a gradual rollout to minimize the impact on the judiciary. We plan to begin implementation of the new process in the Boston region, which is one of our smallest regions. Because we are beginning in a small region, we will be able to have the DRB initially review all or most of the administrative law judge decisions that are issued in the Boston region. At the same time, we will be fine-tuning the screening tools for selecting cases for DRB review in those regions where we cannot review every decision. In addition, the DRB will monitor administrative law judge decisions in order to identify trends or developments that we need to address. Lastly, we believe that comparing DSI with the process it is replacing fails to consider the many positive changes outlined in today’s rule.

New Disability Process Regs Available

Social Security has posted the 191 pages of the final regulations and suporting material that will be published in the Federal Register on Friday.

First Press Reports on Barnhart Plan

The AP is reporting that Social Security is about to adopt a plan that would mean that people who are clearly disabled could receive benefits in as little as 20 days. According to the AP the plan that could cut as much as nine months off the time it takes to work through the entire disability process at SSA. Obviously, this is from an SSA press release, although SSA has not yet posted the press release on its website. Apparently, the desire is to promote the good intentions of the plan, before the actual plan, which is likely to draw criticism, is released on Friday.

Commissioner's Proposal Regulations Coming March 31

As agencies bring items to the Office of Federal Register (OFR) for publication, OFR adds them to a list posted on the internet. As soon as these items are posted they are available for review at the Office of Federal Register, but the texts are not posted online until the item actually appears in the Federal Register. Most items delivered to the OFR are published the next business day. Some are held for publication on a later date specified by the agency. The following item was posted today:

SOCIAL SECURITY ADMINISTRATION

RULES

Social security benefits and supplemental income:

Federal, old age, survivors, and disability insurance; and aged, blind, and disabled--

Initial disability claims adjudication; administrative review process, 06-3011
[ID RIN 0960-AG31; Filed 3/27/06 at 12:39pm]

Publication Date: 3/31/06

WV Man Pleads Guilty to SSI Fraud

The Chareston Daily Mail reports that a local man pleaded guilty to fraud for applying for SSI and stating that he had no income when he was earning more than $1,000 per month from work.

Monthly Social Security Stats Released

The Social Security Administration has released its monthly compilation of statistics for its programs under Title II and Title XVI of the Social Security Act.

Problem With SSA? Call Your TV Station!

WTOL in Toledo, OH reports that it helped a local woman who had received no payment from Social Security even though almost six months had elapsed after her Social Security disability claim had been approved. While such extraordinary delays have always happened at Social Security, SSA's staffing shortages have made them more common. Others with Social Security problems may want to try contacting their local television station.

Disability Service Improvement Job Open

The Social Security Administration is advertising a job opening for an "Executive Director for Disability Service improvement." The job is in Washington, rather than Baltimore or Boston, where this experiment is to begin. The job will pay from $109,808 to $165,200 per year. The following is the job description:

The incumbent of this position serves as the primary advisor to the Commissioner and lead Agency executive on he rollout and post-implementation phases of the Agency's new approach to the decision-making process when an applicant files an application for disability benefits under Title II or Supplemental Security Income disability benefits under Title XVI of the Social Security Act. In addition, this executive will be responsible for developing future refinements to the disability claims process. This new approach is the first major program enhancement to the Agency's disability programs in more than 20 years and capitalizes on the efficiencies and benefits gained by the Agency's successful implementation of an electronic disability case processing system.