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Comment On Proposed Appeals Process Changes For Social Security

Posted by: Justice For All Moderator
Date Mailed: Friday, October 14th 2005 08:52 PM

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. 

ACTION NEEDED:

Click the Take Action link above to read and send a sample comment letter 
addressing these issues.  Feel free to edit the comment letter by adding 
personal information or stories about the impact the appeals process has 
on you and your familys lives. You can submit your comment letter 
directly to the SSA using this Action Center.
 
CCD


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