Federal Register Alert

The Office of Federal Register posts a summary notice as they receive items to be included in the next issue of the Federal Register. Social Security has today (August 11, 2006) filed a "notice", rather than a regulation or proposed regulation, that is to be published on Monday, that looks as if it might be significant. Here is the brief summary provided by the Office of Federal Register:

Social security benefits and supplemental security income:

Determinations or decisions; administrative review requests; additional options

Major Statistical Report On Social Security's Disability Programs

In honor of the 50th anniversary of the creation of the first Social Security disability program, Social Security's Office of Policy has produced an excellent statistical report on Social Security's disability programs. This is probably the best single statistical report on Social Security's disability programs that I have seen in more than 27 years or reading such reports. It is worthy of study by policymakers, by all SSA employees, by all Social Security disability benefits recipients and by all attorneys who represent Social Security disability claimants.

Bush Can't Let Go Of Social Security

From the Washington Post:

The Bush administration has begun sounding out lawmakers and other key figures about mounting a new bipartisan effort to rein in the costs of Medicare, Medicaid and Social Security after the midterm elections, according to officials in the administration and on Capitol Hill.

The Post reports that Bush "appears fixated on the issue."

However, Grover Norquist, a Republican strategist has a different view. He:

... said he can envision no circumstance in which Bush could secure any overhaul of the Social Security program, including creating personal accounts. "The Democrats cannot be bribed, cajoled or threatened into voting for Social Security reform -- it can't happen," he said.

Social Security Extends Tests

Social Security has extended testing on using Single Decisionmakers (SDM) in making initial determinations and in eliminating reconsideration. From today's Federal Register:

Current regulations at 20 CFR 404.906 and 416.1406 authorize us to test, individually, or in any combination, different modifications to thedisability determination procedures. We have conducted several tests under the authority of these rules, including a prototype that incorporates a number of modifications to the disability determination procedures that the DDSs use. The prototype included three redesign features, and we previously extended the tests of two of those features: the use of a single decisionmaker, in which a disability examiner may make the initial disability determination in most cases without requiring the signature of a medical consultant; and elimination of the reconsideration level of review. We are extending the testing of the two redesign features of the disability prototype.

We also have conducted another test involving the use of a single decisionmaker who may make the initial disability determination in most cases without requiring the signature of a medical consultant. We are extending the period during which we will select cases to be included in this test of the single decisionmaker feature in the following DDSs: West Virginia, Florida, Kentucky, North Carolina, Kansas, Nevada, Guam, and Washington. We are not extending this test in the Maine and Vermont DDSs due to the publication of the final rule change to 20 CFR 404.1527(f)(1). The rule change goes into effect on August 1, 2006 in the Boston Region only.

Electronic Records Express

I received the following e-mail message today from SSA:

In conducting a blog search on the web, I noticed that you initiated one on our new Electronic Records Express initiative. As the lead for marketing on this initiative, I wanted to let you know that the Electronic Records Express website is up now, the website is www.socialsecurity.gov/ere. I thought you might want to update the blog with this information. If you need any additional information please contact me.

Thank you for your support.

Maria Artista-Cuchna

Social Insurance Specialist

Social Security Administration

Phone (410) 966-0439

Fax (410) 966-4871

New Ruling On Opinions From "Not Acceptable" Sources

Today's Federal Register contains Social Security Ruling 06-03p, concerning opinion evidence from what Social Security terms "not acceptable" medical sources, such as nurse practitioners, physician assistants, licensed clinical social workers, naturopaths, chiropractors, audiologists, therapists and teachers, used in determining disability. The Ruling indicates that opinions from such sources can be valuable evidence, which might outweigh the opinion of an "acceptable" medical source in certain circumstances. This Ruling may be especially useful in disability claims where the claimant has been seeing primarily a nurse practicioner, physician assistant or mental health therapist.

New Regulations On SSI Income And Resources

The Social Security Administration has amended its regulations on SSI income and resources based upon the Social Security Protection Act of 2004. The changes are non-controversial.

Forthcoming Ruling Alert

Social Security has filed a new ruling to be published in the Federal Register tomorrow, which might be significant. The text is not yet available. Here is the description from the Office of Federal Register.

Social security rulings and acquiescence rulings:

Disability claims; consideration of opinions and other evidence from non-acceptable medical sources