From a Request for Proposals issued by the Administrative Conference of the United States (ACUS):
The Administrative Conference is seeking a consultant or consultants to undertake a research project that will study federal court review of social security disability insurance and supplemental security income cases and make related recommendations. ...Hint to anyone wanting to submit a proposal: Paul Verkuil, the chairman of ACUS, has been calling for an Article I Social Security court for many years. Another hint: Verkuil seems to exhibit a concern that too many claims for Social Security disability benefits are being approved. A third hint: Harold Krent might have the inside track to get this contract.
The study should :
- Review and analyze the Social Security Act, as well as SSA’s implementing regulations, policies, and practices for adjudicating social security disability claims, including the standards of appellate review. Relevant academic literature should also be reviewed and analyzed.
- Evaluate federal court interpretations and applications of SSA’s rules and regulations governing social security disability claims, noting patterns that show consistencies or inconsistencies among appellate and district courts.
- Survey federal court practices and procedures for handling social security cases — including the Federal Rules of Civil Procedure and local rules and policies of individual federal courts — to identify varying approaches and differential impacts.
- Examine SSA’s acquiescence rulings and how the agency applies decisions of federal appellate courts that are at variance with SSA’s national policies.
- Survey or interview federal officials responsible for defending the agency’s litigation or administering its programs, as well as judges and lawyers, as appropriate. Given the breadth of the potential research, project submissions should offer concrete substantive proposals to address these topics and frame the scope of work. ...