Disability Law Blog

Social Security Administration Issues Revised Rules Regarding Representatives

From the Summary:

We are revising our regulations to identify additional bases upon which we may bring charges to disqualify an individual from acting as a representative before the Social Security Administration (SSA), and to set forth the conditions under which we will reinstate an individual whom we have disqualified as a representative because the individual collected or received, and retains, a fee in excess of the amount we authorized. These final rules revise our regulations on the representation of parties to implement section 205 of the Social Security Protection Act of 2004 (SSPA) and to make additional changes in these regulations that relate to the changes required by this legislation. The rules also make technical changes in our regulations on the representation of parties.

The new rules are effective February 17, 2006.

Available in text and PDF

71 Fed.Reg. 2871-2879 (January 18, 2006)

Social Security Administration Issues Revised Cardiac Listings

The Social Security Administration has issued a 29-page revised listing for cardiovascular impairments:

We are revising the criteria in the Listing of Impairments (the listings) that we use to evaluate claims involving cardiovascular impairments. We apply these criteria when you claim benefits based on disability under title II and title XVI of the Social Security Act (the Act). The revisions reflect advances in medical knowledge, treatment, and methods of evaluating cardiovascular mpairments.

The new listing is effective April 13, 2006.

Available in text and PDF.

71 Fed.Reg. 2311-2340 (January 13, 2006)

User Fee to Calculate Attorneys Fees Unchanged in 2006

The maximum that can be charged for calculating attorney's fees remains unchanged for 2006:

The Commissioner of Social Security has determined, based on the best available data that the current assessment percentage rate of 6.3 percent will continue for 2006. We will continue to review our costs on a yearly basis.

The $75 cap remains in place.

Available in text and PDF.

71 Fed.Reg. 964 (January 6, 2006)

Notes from a Social Security Seminar

The NC Academy of Trial Lawyers held a Social Security Practice seminar last Friday, December 9^th, at which Glenn Sklar, Assistant Commissioner, Office of Disability and Income Security Programs (ODISP), spoke.  (The ODISP is the "principal advisor to the Commissioner of Social Security on program policy issues and is involved in strategic planning, policy development, and analysis of SSA program policy.") These are a few of my impressions of Mr. Sklar's remarks.  Take them for what they are:

• Mr. Sklar is a cheerful person who seems to enjoy his work.

• The Commissioner is a Woman of Action. She will issue the Final Rule on the new approach within months, not years. She is committed to making the new approach a reality. (Nancy Schorr (NS) also spoke at the conference. She believes we could see the Final Rule as early as February 2006. She says Region 1 (New England) will be the first region to operate under the new regs. )
• Mr. Sklar says the C is focused on three areas in the NPRM: the submission of evidence rules, the reopening provisions and the AC. Most of the 800+ comments addressed these sections of the NPRM. We can expect some changes in the Final Rule, at least in these areas.

• For those of us who think the RO is a bad idea, tough luck. Sklar says not many comments on this, the implication being that the proposal is non-controversial and thus acceptable.

The RO is hailed as the linchpin of the new approach although, for the life of me, I can’t understand why.  As I said in my comments on the NPRM, the C’s overarching goal of the right decision as early as in the process as possible should mean that reconsideration is really and truly eliminated and that a claimant who is denied initially should get a hearing in front of an ALJ as soon as possible. Why wait? A hearing not only serves the C’s overarching goal but it gets the claimant before another human being who actually makes a credibility assessment, something that DDS doesn’t do and the RO won’t do. And that can be the difference between winning and losing. So take the time and money saved by eliminating reconsideration, beef up the senior staff attorney position at OHA, allow them to make favorable OTRs and give the more difficult cases to the ALJs. Simpler, faster and cheaper. But, of course, a complete non-starter.

Continue reading "Notes from a Social Security Seminar"

SSA Notice Notice Announcing Addresses for Service of Process

In the post below, SSA announced new rules for issuing summonses and complaints.  In this notice, the OGC names/addresses are listed:

Under the new rules, summonses and complaints in these types of cases should be mailed directly to the office in SSA's Office of the General Counsel (OGC) that is responsible for the processing and handling of litigation in the particular urisdiction in which the complaint has been filed. The names and current addresses of those offices, and the jurisdictions for which they are currently responsible, are detailed in this Notice.

Available in text and PDF.

70 Fed.Reg. 73320-73323 (December 9, 2005)

SSA Revises Service of Process Rules

From the Summary:

We are amending our rules regarding service of legal process in lawsuits involving judicial review of Agency final decisions on individual claims for benefits under titles II, VIII, and/or XVI of the Social Security Act (Act). Under the current rules, summonses and complaints in these types of cases are required to be sent to the Social Security Administration (SSA), Office of the General Counsel (OGC) in Baltimore, Maryland. These final rules provide that summonses and complaints in these types of cases shall be mailed directly to the OGC office that is responsible for the processing and handling of litigation in the particular jurisdiction in which the complaint has been filed.

The regulations are effective December 9, 2005.

Available in text and PDF

70 Fed.Reg. 73135-73136 (December 9, 2005)

SSA Issues NPRM on Nonpayment of Fugitive Felons et al

From the Summary:

To implement section 203 of the Social Security Protection Act of 2004 (SSPA), we propose to revise our regulations on the payment of Social Security and Supplemental Security Income benefits under titles II and XVI of the Social Security Act (the Act). Section 203 requires that title II benefits will not be paid to a person who is a fugitive felon or probation or parole violator, unless good cause is shown as specified in this new law. Section 203 also added a good cause exception to the title XVI fugitive felon ineligibility provision. In addition, we propose to make other changes in our regulations, required by this legislation, such as removing the reference to high misdemeanors in the state of New Jersey. Finally, we propose to clarify our interpretation of the statutory language "fleeing to avoid'' for the purposes of the title II and title XVI provisions.

The comment period ends February 3, 2006.

Available in text and PDF

70 Fed.Reg. 72411-72416 (December 5, 2005)

SSA Issues NPRM on Suspension of Benefits During CDR

From the Summary:

We propose to amend our regulations to provide that we will suspend your disability benefits before we make a determination during  a continuing disability review (CDR) under title II and title XVI of the Social Security Act (the Act) when you fail to comply with our request for necessary information. Should you remain non-compliant for a period of one year following your suspension, we will then terminate your disability benefits. Although our current title XVI regulations generally provide for the termination of payments after 12 months of suspension, we are proposing to amend our regulations by adding this policy to our title II regulations and by restating it in the title XVI CDR regulatory provisions.

The comment period ends February 3, 2006.

Available in text and PDF

70 Fed.Reg. 72416-72419 (December 5, 2005)

SSA Proposes to Change Age Categories in Evaluating Disability

The Commissioner is serious about finding ways to reduce the number of disability beneficiaries:

Our own adjudicative experience suggests that the current rules should be revised to more accurately reflect the ages at which adjustment to other work becomes increasingly difficult. Since 1978, we have made millions of determinations and decisions at step five of the sequential evaluation process. It appears that there are many jobs that individuals, despite their age, are capable of performing and adjusting to, even though they have not done those jobs previously. It is appropriate for our rules to be adjusted to reflect these changing conditions.

Is it really easier in 2005 for a 50-year old factory worker who is now limited to sedentary work to adjust to "service and knowledge-based jobs"?  What data from the Commissioner's extensive "adjudicative experience" support this change? Is she willing to share it?

The comment period ends January 3, 2006.

Available in text and PDF

70 Fed. Reg. 67101-67109 (November 4, 2005)

SSA Releases Data on OASDI Benes by State and Zip Code

SSA's Office of Policy has released its annual report on Social Security beneficiaries arranged by state and zip code.   The publication "presents basic program data on the number and type of beneficiaries and the amount of benefits paid in each state, Social Security Administration field office, and ZIP Code. It also shows the number of beneficiaries aged 65 or older."g

SSA Issues Notice of COLA and Other Adjustments for 2006

"SUMMARY: The Commissioner has determined--
    (1) A 4.1 percent cost-of-living increase in Social Security benefits under title II of the Social Security Act (the Act), effective for December 2005;
    (2) An increase in the Federal Supplemental Security Income (SSI) monthly benefit amounts under title XVI of the Act for 2006 to $603 for an eligible individual, $904 for an eligible individual with an eligible spouse, and $302 for an essential person;
    (3) The student earned income exclusion to be $1,460 per month in 2006 but not more than $5,910 in all of 2006;
    (4) The dollar fee limit for services performed as a representative payee to be $33 per month ($64 per month in the case of a beneficiary who is disabled and has an alcoholism or drug addiction condition that leaves him or her incapable of managing benefits) in 2006;
    (5) The national average wage index for 2004 to be $35,648.55;
    (6) The Old-Age, Survivors, and Disability Insurance (OASDI) contribution and benefit base to be $94,200 for remuneration paid in 2006 and self-employment income earned in taxable years beginning in 2006;
    (7) The monthly exempt amounts under the Social Security retirement earnings test for taxable years ending in calendar year 2006 to be $1,040 and $2,770;
    (8) The dollar amounts ("bend points'') used in the primary insurance amount benefit formula for workers who become eligible for benefits, or who die before becoming eligible, in 2006 to be $656 and $3,955;
    (9) The dollar amounts ("bend points'') used in the formula for computing maximum family benefits for workers who become eligible for benefits, or who die before becoming eligible, in 2006 to be $838, $1,210, and $1,578;
    (10) The amount of taxable earnings a person must have to be credited with a quarter of coverage in 2006 to be $970;
    (11) The "old-law'' contribution and benefit base to be $69,900 for 2006;
    (12) The monthly amount deemed to constitute substantial gainful activity for statutorily blind individuals in 2006 to be $1,450, and the corresponding amount for non-blind disabled persons to be $860;
    (13) The earnings threshold establishing a month as a part of a trial work period to be $620 for 2006; and
    (14) Coverage thresholds for 2006 to be $1,500 for domestic workers
and $1,300 for election workers."

Available in text and PDF

70 FR 61677-61683 (October 25, 2005)

SSA Issues Final Rules

"We are issuing these final rules to reflect in our regulations changes to the Social Security Act (the Act) made by two provisions in the Social Security Protection Act of 2004 (SSPA), enacted on March 2, 2004. One provision added a new situation in which the 9-month duration-of-marriage requirement for surviving spouses under title II of the Act is deemed to have been met. The other provision removed a restriction against payment of Supplemental Security Income (SSI) benefits, under title XVI of the Act, to certain blind or disabled children who were not eligible for SSI benefits the month before their "

The new regulations are effective October 24, 2005.

Available in text and PDF.

70 FR 61364-61366 (October 24, 2005)

Ticket to Work Panel to Host Public Teleconference October 24th

On October 24, 2005 from 2 p.m. to 4 p.m. EDT, the Ticket to Work and Work Incentives Advisory Panel will hold a conference call.   The call-in number is 1-888-395-6878. Pass code: 6199207.

The Leader/Host of the conference call is  Berthy De la Rosa-Aponte.

The full agenda for the meeting will posted on the interenet at least one week in advance here.

Available in text and PDF.

70 Fed. Reg. 59388-59389 (October 12, 2005)

SSA Issues NPRM Regarding Exemption of Work Activity as a Basis for a Continuing Disability

"We propose to revise several of our rules in subparts J and P of part 404 and subparts I and N of part 416 of our regulations:

• To explain that we will not start a continuing disability review based solely on your work activity if you are covered by section 221(m) of the Act;
• To incorporate rules about not starting a continuing disability review that are contained in another part of our regulations and apply to you if you are using a ticket under the Ticket to Work program;
• To explain how we consider activities from work in continuing disability reviews if you are covered by section 221(m);
• To clarify how we determine continuing disability at the last two steps of the medical improvement review standard sequential evaluation process if you are not covered by section 221(m);
• To explain how we evaluate your work when we decide whether you have engaged in substantial gainful activity for purposes of determining whether your disability has ceased, if you are covered by section 221(m);
• To explain that our action to start or to discontinue a continuing disability review is not an initial determination; and
• To eliminate the use of the secondary substantial gainful activity amount for evaluating work done by an employee before January 2001."

The comment period ends December 12, 2005.

Available in text and PDF.

70 Fed. Reg. 58999-59015 (October 11, 2005)

SSA Issues Proposed Rules Regarding the Ticket to Work Program

The Social Security Administration has issued a Notice of Proposed Rule Making to revise its regulations regarding the Ticket to Work program:

We are proposing to make revisions to the current rules to improve the overall effectiveness of the program in assisting beneficiaries to maximize their economic self-sufficiency through work opportunities. These revisions are based on our vision of the future direction of the Ticket to Work program, our experience using the current rules, and recommendations made by a number of commenters on the program.

Available in text and PDF.

70 CFR 57222-57237 (September 30, 2005)