Social Security Restoration Act of 1990: Hearing Before the Subcommittee on Social Security and Family Policy of the Committee on Finance, United States Senate, One Hundred First Congress, Second Session on S. 2453, May 11, 1990, Volume 4U.S. Government Printing Office, 1990 - 144 pages |
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AARP adjudication adjudicatory Admin Administrative Law Judge AFGE survey agency's ALJ decision ALJ's Appeals Council appeals process believe beneficiaries bi-partisan bill Board BREGER Chairman Chief Administrative Law claimants claims Commissioner King Committee Congress consider Court DANIEL PATRICK MOYNIHAN deci delay DELFICO develop disability determination Disability Determination Services employees ENOFF face-to-face Federal field offices FLEMMING Hearings and Appeals implement improve increased independent agency initial issues Judge BERNOSKI legislation MCSTEEN medical evidence Medicare ment ministrative Office of Hearings ombudsman percent person prepared statement problems procedures proposed Question recommendations reconsideration record reduce request require responsibility result Secretarial review Secretary Security Restoration Act Senator DURENBERGER Senator MOYNIHAN SKWIERCZYNSKI Social Security Administration Social Security Disability Social Security offices Social Security Restoration SSA's staff staffing Supplemental Security Income telephone testimony Thank tion U.S. SENATOR workloads
Popular passages
Page 65 - ... would strengthen public confidence in the security of the longrun commitments of the program and in the freedom of the administrative operations from shortrun political influence. It would give emphasis to the fact that in this program the Government is acting as trustee for those who have built up rights under the system.
Page 104 - Generally, disability is defined as the inability to engage in "substantial gainful activity" by reason of a physical or mental impairment. The impairment must be medically determinable and expected to last for not less than 12 months, or to result in death.
Page 77 - BHA should establish by regulation the agency's expectations concerning the administrative law judges' performance. Maintaining the administrative law judges' decisional independence does not preclude the articulation of appropriate productivity norms or efforts to secure adherence to previously enunciated standards and policies underlying the Social Security Administration's fulfillment of statutory duties.
Page 78 - Appeals finds that consulting physicians' reports conflict with evidence supplied by treating physicians, it should inform claimants of the opportunity to have their treating physicians comment in writing on the consulting physicians' reports. 4. The Bureau of Hearings and Appeals should make better use of claimants as sources of information by: (a) Providing them with available State agency reasons for denial; (b) providing notice of the critical issues to be canvassed at the hearing; and (c) engaging...
Page 77 - ... 1. The use of administrative law judges appointed in conformity with the Administrative Procedure Act to decide disability claims should be continued. 2. The Bureau of Hearings and Appeals (BHA) possesses and should exercise the authority, consistent with the administrative law judge's decisional independence, to prescribe procedures and techniques for the accurate and expeditious disposition of Social Security Administration claims. After consultation with its administrative law judge corps,...
Page 84 - DDS offices into decisional units to minimize travel costs and (b) the need to select and train a sufficient number of personnel qualified to conduct such hearings or interviews. 9. The record in disability appeals should not be closed until completion of the ALJ stage— that point in the process at which claimants now are more likely to be represented by attorneys or other advocates. 10. SSA should conduct a study of: (a) The reference sources of claimants (eg, referrals from state welfare agencies,...
Page 89 - This recommendation focuses more specifically on the appropriate use of medical personnel in making disability determinations. The Social Security Administration (SSA) uses medical personnel currently In two ways. First, Initial and reconsideration determinations are made for SSA by federally funded state agencies that use teams composed of one lay disability examiner and one medical doctor or psychologist...
Page 91 - ... physicians, in performing the functions described in paragraphs 2, 3(b), and 5(a). B. Reconsideration 7. Elimination of Reconsideration. SSA should seek to concentrate the efforts of the disability determination team on a single initial decision process, as outlined in these recommendations. Together with implementations of these recommendations, the separate reconsideration stage should be eliminated. C. Appeal Level 8. ALJ use of medical experts. SSA should encourage its administrative law...
Page 85 - SSA policymakers, interpretive "minutes" on questions of adjudicatory principles and procedures, and (b) articulating the proper handling of specific issues in case review opinions to be given precedential significance. The minutes and opinions should be consistent with the Commissioner's Social Security Rulings. Such guidance papers should be distributed throughout the system, made publicly available, and indexed. b. Control of its Caseload. On order to fulfill its responsibility to develop, and...
Page 94 - Conference or have been addressed in a manner for which additional refinement is appropriate. Decisions on social security claims that are issued at each level of the process need to contain information sufficient to allow the claimant to make an informed decision whether to appeal to a higher level. It is therefore important that the basis for the decision, including the facts found, be stated clearly. Further, where the record appears not to be complete, the decision should indicate what information...