Disability Plan Published

Final regulations for Commissioner Barnhart's plan to alter Social Security's processes for adjudicating disability claims have been officially published in the Federal Register.

New GAO Report

The Government Accountability Office (GAO) has released a report on Social Security's efforts to safeguard Social Security numbers and Social Security cards. The report discusses further efforts that might be taken, such as including the number holder's photograph and fingerprint on the card. The report acknowledges that such steps could have a significant effect on SSA's workload.

What Has To Be Done To Implement Commissioner's Plan

There are many steps that SSA must take before it implements Commissioner Barnhart's new plan for the Social Security disability process. Consider this punch list:

1. Hire an overall director for the plan -- this job was just advertised;
2. Write POMS;
3. Write training manuals;
4. Figure out what the new quality review process is supposed to operate and how it is different from current practice;
5. Figure out how the Federal Expert Unit is supposed to operate;
   
6. Adapt computer systems;
7. Designate some current Appeals Council employees to work for Decision Review Board (DRB);
   
8. Find office space for Reviewing Officers (ROs);
9. Obtain office furniture and equipment for ROs;
10. Write position description for RO supervisors;
11. Advertise RO supervisor positions;
12. Interview RO supervisors;
13. Hire RO supervisors;
14. Train RO supervisors;
15. Write position description for ROs;
16. Advertise RO positions;
17. Interview RO candidates;
18. Hire ROs;
19. Train ROs;
20. Train DDS, DO and OHA personnel.

We know that SSA has just advertised the position of overall director for this project. The job announcement may be just a formality since the Commissioner may already know whom she will select. There may already be ongoing work on some other items on the list. Most of the items on the list may be undertaken concurrently. Still, this is a long list. It will be a huge achievement to have all or even most of this accomplished by the time these regulations are supposed to go into effect in the Boston region and one has to wonder how well it can be accomplished in such a short time. Chaotic early implementation can discredit any new plan.

Nancy Shor on New Rules

Nancy Shor, executive director of the National Organization of Social Security Claimants Representatives (NOSSCR), is quoted in the Philadelphia Inquirer on the new Social Security procedural rules announced yesterday:

With the exception of the Decision Review Board's replacing the Appeals Council, much of the rest of it is workable from our perspective. ... The final rules are more claimaint-friendly than the proposed rules were.

Barnhart on C-SPAN

Commissioner Barnhart appeared on C-SPAN today to talk about her new disability adjudication plan, among other things. A video is available online at the C-SPAN site. The video is lengthy. Barnhart's appearance came during the last hour of a show that dealt with varied topics.

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.