Lefler, James L., Disability Determination Services, Sioux Falls, S. Dak__ Marett, B. J., Disability Determination Services, Vocational Rehabilitation Matthews, Wilson M., Alexandria, Va.- McEwen, Hon. Robert C., a Representative in Congress from the State Missouri Disability Determination Program, Glen Swisher.. Montana Disability Determination Bureau, William A. Vollmer National Academy of Sciences, Institute of Medicine, Robert M. Ball. National Association of Disability Examiners, Carthon P. Phillips and National Federation of the Blind, James Gashel. New York State Bureau of Disability Determinations, Sidney Houben.. Pell, Hon. Claiborne, a U.S. Senator from the State of Rhode Island Pennsylvania Disability Determination Division, Joseph A. Gaughan___ Pepper, Hon. Claude, a Representative in Congress from the State of Phillips, Carthon P., National Association of Disability Examiners.... Benefit Review Board__ Reed, Jack R., Black Lung Administrative Law Judges Association__. Rogers, Hon. Paul G., a Representative in Congress from the State of Rosenblum, Victor G., Northwestern University, Evanston, Ill. Seiberling, Hon. John F., a Representative in Congress from the State of Sisk, Hon. B. F., a Representative in Congress from the State of California Sorenson, Morris E., Disability Determination Services, Division of Re- habilitation Services, Utah State Board of Education.. South Carolina Disability Determination Services, B. J. Marett. South Dakota Disability Determination Services, James L. Lefler.. Swisher, Glen, Disability Determination Program, State of Missouri Tennessee Disability Determination Section, Herbert L. Brown.. Utah State Disability Determination Services, Morris E. Sorenson- Vollmer, William A., Disability Determination Bureau, Rehabilitation Services Division, Helena, Mont.. Watson, Albert W., Association of HEW Administrative Law Judges. 491 513 451 264 491 221 159 445 143 Page Johnson, Hon. Albert W., a Representative in Congress from the State of 571 Johnson, Hon. Harold T. (Bizz), a Representative in Congress from the 572 Karth, Hon. Joseph E., a Representative in Congress from the State of 90 Lagomarsino, Hon. Robert J., a Representative in Congress from the 573 Litton, Hon. Jerry, a Representative in Congress from the State of Michigan, statement 575 Lott, Hon. Trent, a Representative in Congress from the State of Mississippi, statement.. 575 MacDonald, R. Duncan, Mac Donald, FitzGerald & MacDonald, Flint, 589 Mazzoli, Hon. Romano L., a Representative in Congress from the State of Kentucky, statement. 576 Melcher, Hon. John, a Representative in Congress from the State of 577 Miller, Bruce K., National Senior Citizens Law Center, letter and enclosure. 590 Moakley, Hon. Joe, a Representative in Congress from the State of 578 National Senior Citizens Law Center, Bruce K. Miller, letter and enclosure. 590 Nichols, Hon. Bill, a Representative in Congress from the State of Alabama, statement 579 Ottinger, Hon. Richard L., a Representative in Congress from the State of 580 Preyer, Hon. Richardson, a Representative in Congress from the State of 581 Rhodes, Hon. John J., a Representative in Congress from the State of 582 Roe, Hon. Robert A., a Representative in Congress from the State of New 583 Roush, Hon. J. Edward, a Representative in Congress from the State of 584 St Germain, Hon. Fernand J., a Representative in Congress from the 585 Schwab, Donald H., Veterans of Foreign Wars of the United States, statement. 663 Thone, Hon. Charles, a Representative in Congress from the State of 586 United Mine Workers of America, statement. 652 Veterans of Foreign Wars of the United States, Donald H. Schwab, statement.. 663 Whitehurst, Hon. G. William, a Representative in Congress from the 587 Wolff, Hon. Lester L., a Representative in Congress from the State of 588 DELAYS IN SOCIAL SECURITY APPEALS FRIDAY, SEPTEMBER 19, 1975 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON SOCIAL SECURITY, COMMITTEE ON WAYS AND MEANS, Washington, D.C. The committee met, pursuant to notice, at 10 a.m. in room EF-100, the Capitol, Hon. James A. Burke (chairman of the subcommittee) presiding. Mr. BURKE. The subcommittee will come to order. The subject matter before the subcommittee is the large buildup of appeals on applications for social security benefits, particularly disability benefits. The situation has become quite critical and has caused lengthy delays in processing claims. A recent report showed that the average time for processing disability claims involving an administrative appeal going to hearing is around a year and a half. Every Member of Congress has had cases of this sort brought to his attention. The issues that will be discussed are complex and technical. They will include the application of the Administrative Procedure Act to social security hearings and appeals, the functions performed by the State agencies that make determinations of disability and steps that are being taken and those that could be taken to expedite and improve the entire process of determining disability under the social security and SSI programs. While we are very concerned because of the delays involved in processing these appeals, we must be equally concerned with the quality of adjudication. There are clear indications that more cases are being reversed at all levels of appeal. This could be adding significantly to the cost of the disability insurance program. We must be very careful therefore not to take any steps to bring the "appeals crisis" under control at the expense of lowering quality of decisions rendered in individual cases. We don't want to cause a big paper shuffle that further increases the financial deficit of the program, and fails to provide equal justice to applicants. We have 3 days of hearings scheduled, as described in a subcommittee press release which I will include in the record. Also I will include the committee print, "Background Material on Social Security Hearings and Appeals." [The material follows:] (1) [Press release No. 5 of Thursday, Aug. 28, 1975] CHAIRMAN JAMES A. BURKE (D-MASS.), SUBCOMMITTEE ON SOCIAL SECURITY, COMMITTEE ON WAYS AND MEANS, ANNOUNCES PUBLIC HEARINGS COMMENCING SEPTEMBER 19, 1975, ON THE PROBLEMS OF DELAY IN THE SOCIAL SECURITY APPEALS PROCESS. Chairman James A. Burke (D. Mass.), Subcommittee on Social Security of the Committee on Ways and Means, today announced the scheduling of a limited series of hearings focusing on the large backlog of hearings cases pending before the Social Security Administration. This situation is causing claimants to have to wait long periods of time before their rights can be adjudicated by a hearings officer as required by the social security law. The Subcommittee hearings will be held the last two Fridays of September (September 19 and 26, 1975) and the first Friday of October (October 3, 1975), beginning at 10:00 a.m. on each day. The hearings will be held in Room EF-100 of the Capitol Building on September 19 and 26, and in the Caucus Room, Room 345 of the Cannon House Office Building, on October 3. In the hearing of September 19th, the Subcommittee will hear from governmental witnesses representing the Social Security Administration (particularly the Bureau of Hearings and Appeals) and the Civil Service Commission. In the morning of September 26th, an invited panel of experts in the appeals process and administrative law will discuss the advantages and disadvantages of having the Administrative Procedure Act apply to Social Security Act cases and its relevance to the backlog. Also the ramifications on the social security appeals process of the Kelley vs. Goldberg decision will be discussed. On the afternoon of September 26th and continuing on October 3rd, the Subcommittee will hear testimony from interested organizations, including representatives of various associations of Administrative Law Judges and hearing examiners and State disability determination agencies, and from other organizations and individuals who request to be heard. DETAILS FOR SUBMISSION OF REQUESTS TO BE HEARD Cutoff Date for Requests to be Heard: Requests to be heard must be received by the Committee no later than the close of business Thursday, September 18, 1975. Requests should be addressed to John M. Martin, Jr., Chief Counsel, Committee on Ways and Means, U.S. House of Representatives, 1102 Longworth House Office Building, Washington, D.C. 20515, telephone: (202) 225-3625. Notification as to the witness' scheduled date of appearance will be made as promptly as possible after the cutoff date. Once the witness has been advised of his date of appearance, it is not possible for this date to be changed. If a witness finds that he cannot appear on that day, he may wish to either substitute another spokesman in his stead or file a written statement for the record of the hearings in lieu of a personal appearance, because under no circumstances will the date of an appearance be changed. Due to the limited time available for this hearing, it may be necessary to allocate the amount of time available to each witness for the presentation of his direct oral testimony. If so, it will be mandatory on all witnessses not to exceed the time allocated for this purpose. If the witness has a more detailed statement, it will be reviewed by the Subcommittee and will be included in the record of the hearing. Requests to be heard must contain the following information: 1. The name, full address and capacity in which the witness will appear. 2. The list of persons or organizations the witness represents and in the case of associations and organizations, their address or addresses, their total membership, and, where possible, a membership list. 3. If a witness wishes to make a statement on his own behalf, he must still nevertheless indicate whether he has any specific clients who have an interest in the subject, or in the alternative, he must indicate that he does not represent any clients having an interest in the subject he will be discussing. 4. A topical outline or summary of the comments and recommendations which the witness proposes to make. If it is necessary to allocate time to each witness, this amount of time will be strictly adhered to. Witnesses are urged to verbally summarize their statements; the complete statements submitted to the Subcommittee will be included in the printed record of the hearing and will be reviewed and fully considered by the members of the Subcommittee. |