Posts

Showing posts with the label Regulations

Final Regs On Advance Designation Of Rep Payee

     From today's Federal Register : We [Social Security] are finalizing our proposed regulations specifying the information Social Security beneficiaries and applicants must provide to designate individuals as their possible representative payee in advance of our determination that the beneficiary needs a representative payee. These regulations additionally set forth how we will consider an individual's advance designation when we select a representative payee, and fulfill our obligation under 201 of the Strengthening Protections for Social Security Beneficiaries Act of 2018.

Trump Administration Completes Action On Inability To Communicate In English Rule

     The Office of Management and Budget (OMB) has completed its review of Social Security's proposed final rule which will remove inability to communicate in English as a criteria in disability determination. The rule was approved and should be published in the Federal Register in the near future.

Proposal Under Consideration Would Increase Grid Rules By Five Years

     The Wall Street Journal article on the plan to alter Social Security�s grid regulations used in determining disability is now available outside the paywall. Here are some excerpts: ... �Evidence shows that in the modern economy the vocational impacts of age, education and work experience are markedly different from what they were when we published the current vocational regulations,� according to the text dated Oct. 18. ...   The proposed rule ... would no longer assume age seriously affects a person�s ability to adapt to simple, entry-level work. It would raise the age at which education and work experience are considered in determining eligibility to 55, from 50. The new rule would also update data on occupational skills that the agency uses to determine eligibility, based on new information from the Bureau of Labor Statistics. ...   A person familiar with the proposal said it has been a top priority for some Social Security Administration officials, who...

Proposal To Have AAJs Hold Hearings

     From a Notice of Proposed Rule-Making (NPRM) that will appear in tomorrow's Federal Register: ... W e propose to clarify that an AAJ [Administrative Appeals Judge] from our Appeals Council may hold a hearing and issue a decision on any case pending at the hearings level under t itles II, VIII, or XVI of the Act . Just as ALJs [Administrative Law Judges] have the authority to hold hearings on a variety of disability and non - disability claims, we would not limit the kinds of claims that AAJs c ould hear. AAJ s would be required to follow the same rules as ALJs, and the hearings they hold would apply the same due process protections as hearings held by our ALJs . ...      This is only a proposal. The public may comment on the proposal. Social Security must consider the comments. If the agency wishes to go ahead with final regulations, they have to submit them to the Office of Management and Budget (OMB) for approval. This is a process that or...

Changes To Musculoskeletal Listings Move Forward

     Social Security has asked the Office of Management and Budget (OMB) to approve final changes to its musculoskeletal Listings used in determining disability. There has been considerable opposition to the proposal. We cannot know at this point what is in the final regulations. OMB will probably approve the proposal in the next few months at which point Social Security can finalize the process by publishing the regulations in the Federal Register.

Ability To Opt Out Of Video Hearings Preserved

     Social Security is publishing final rules tomorrow on Setting the Manner for the Appearance of Parties and Witnesses at a Hearing . The ability to opt out of video hearings is preserved.

Opposition To Proposed Rule On Continuing Disability Reviews

     From the Philadelphia Inquirer : The Trump administration is proposing changes to Social Security that could terminate disability payments to hundreds of thousands of Americans, particularly older people and children. The new rule would change aspects of disability reviews � the methods by which the Social Security Administration determines whether a person continues to qualify for benefits. Few recipients are aware of the proposal, which is open for public comment through January. ... The new rule, advocates for low-income Americans say, is just a way to push people off the disability rolls. �I have serious concerns about this proposed rule,� said U.S. Sen. Bob Casey (D., Pa.), adding that it �appears to be yet another attempt by the Trump administration to make it more difficult for people with disabilities to receive benefits.� ...      I don't trust the people behind this proposal at all. I'm sure their motivations are bad. They...

Expiration Date Of Five Listings Extended

     Social Security has published notice that it is extending the expiration dates of five Listings: Musculoskeletal System, Cardiovascular System, Digestive System, Skin Disorders, and Immune System Disorders. No change was made in any of the Listings.

Proposed Regs On Advance Designation Of Rep Payee

     From a notice from the Social Security Administration that will appear in tomorrow's Federal Register: The S trengthening Protections for Social Security Beneficiaries Act of 2018 ( Strengthening Protections Act ) requires us to promulgate regulations specifying the information Social Security beneficiaries and applicants must provide to designate a representative payee in advance of our determination that the beneficiary needs a representative payee . We propose to revise our rules to satisfy this requirement , and to specify that we will allow individuals to designate in advance one or more potential representative payees . We also explain how we propose to consider an individual�s advance designation when we select a representative payee .

Proposed Regs On CDRs Coming

     The Office of Management and Budget has cleared for publication in the Federal Register a package of proposed regulations on the frequency and notice of continuing disability reviews. This is only a proposal. The public may comment on the proposed rules. This proposal had been pending at OMB since March 13. That's an extraordinary time for a proposal to be pending, suggesting that there may be something controversial in the proposal. This is Social Security's vague description of the proposal published in the Unified Agenda last Spring: ... The proposed regulations would add a new category to our existing medical diary categories that we use to schedule CDRs and would revise the criteria we follow to place a case in each of the categories. They would also change how often we perform a CDR for claims with the medical diary category for permanent impairments. These revised regulations would ensure that we continue to identify medical improvement a...