From

Justice For All
Fri Oct 14 17:52:40 2005
Date: Fri, 14 Oct 2005 20:52:40 -0400

Comment On Proposed Appeals Process Changes For Social Security And SSI
Recipients By Oct. 25 Take Action!

Take Action: http://capwiz.com/thearc/mail/oneclick_compose/?alertid=8120401


BACKGROUND:
The Social Security Administration (SSA) published a Notice of Proposed
Rulemaking on the appeals process for determining disability in the
Social Security and Supplemental Security Income (SSI) programs.

While some of the proposed rules are good, the overall outcome could be a
process that is less about truth-seeking and more adversarial; decisions
could be based on technicalities rather than on complete evidentiary
records. For people with disabilities and their representatives who apply
for disability benefits under the Title II Old Age, Survivors, and
Disability Insurance and SSI programs, the proposed regulations would:

Make significant changes in requirements for submitting evidence to
support claims. New time limits provide fewer opportunities to submit
evidence late even if a claimant and his/her representative received the
evidence late;
Require them to state all the issues in their appeal at the time the
appeal is filed and failure to do so could bar a claimant from raising
the issues later;
Require them to submit all evidence available to them, even if it is
considered unfavorable; and
Eliminate opportunities to address issues such as late evidence that is
difficult to obtain, correction of errors within SSA, and abuse of
discretion by Administrative Law Judges.
To read a copy of the proposed regulations, visit

http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov
/
2005/pdf/05-14845.pdf .


STATUS:

The NPRM was published on July 27 and public comments are due on October
25. The Arc and United Cerebral Palsy, through the Consortium for
Citizens with Disabilities, will submit detailed comments to SSA
addressing these and numerous other issues.

....

For more information about how to provide input, go to:

http://capwiz.com/thearc/mail/oneclick_compose/?alertid=8120401
--

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