Social Security Disability Adjudication

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Committee: 
Social Security Disability Adjudication in stage 8. Implementation

Project Stages:

1. Gather ideas - Completed
2. Select ideas - Completed
3. Council approval - Completed
4. Picking a researcher - Completed
5. Committee consideration - Completed
6. Back to the council - Completed
7. Consideration by the full conference - Completed
8. Implementation - Current
Stage:  
8. Implementation

Contacts

Committee Chair
Retired (Former Chief Judge of the U.S. Department of Labor's Office of Administrative Law Judges)
Implementation Contact
202.480.2097
awilliams@acus.gov
Consultant
Harold J. Krent
Dean and Professor of Law
IIT Chicago-Kent College of Law
Consultant
Scott Morris
Associate Dean and Professor
IIT College of Psychology

The Administrative Conference of the United States was asked by the Social Security Administration (SSA) to study adjudication relating to the Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) programs and recommend improvements. The study provides an independent review that analyzes the impact of SSA’s treating physician rule on the role of the courts in reviewing SSA disability decisions and considers measures that SSA could take to reduce the number of cases remanded to it by courts.  The study also addresses the role of the SSA Appeals Council in reviewing cases to reduce any observed variances in administrative law judges’ (ALJs’) decisional outcomes and application of agency policies.  Legal and empirical consideration is given to the efficacy of expanding the Appeals Council’s already existing authority to conduct more focused reviews of ALJ decisions, how the Appeals Council may select cases for review, when review should occur (i.e., pre- or post-effectuation), as well as the scope and manner of review.

Final Recommendation

Recommendation 2013-1, “Improving Consistency in Social Security Disability Adjudications,” identifies ways to improve the adjudication of Social Security disability benefits claims before administrative law judges and the Appeals Council, suggests changes to the evaluation of opinion evidence from medical professionals, and encourages the agency to enhance data capture and reporting.

Implementation

At its Plenary Session on June 13-14, 2013, the Administrative Conference of the United States adopted Recommendation 2013-1, regarding the Social Security disability adjudication process. The recommendation identifies ways to improve the adjudication of Social Security disability claims before administrative law judges and the Appeals Council, suggests changes to the evaluation of opinion evidence from medical professionals, and encourages the agency to enhance data capture and reporting.

  • Read the Federal Register notice announcing the adoption of Recommendation 2013-1, available at 78 Fed. Reg. 41,352

Project Documents

Name Committee Type Datesort descending
Social Security Disability Adjudication Project Outline Adjudication Outline June 1, 2012 Download
Treating Physician Rule Report Draft Adjudication Report February 22, 2013 Download
Joseph Petrylak Comment Adjudication Public Comment February 28, 2013
Social Security Disability Adjudication Recommendation Draft Adjudication Recommendation February 28, 2013 Download
Statistical Appendix to Report on Achieving Greater Consistency in Social Security Disability Adjudication Draft Adjudication Appendix February 28, 2013 Download
Statistical Appendix to Report on Achieving Greater Consistency in Social Security Disability Adjudication (revised) Draft Adjudication Appendix March 4, 2013 Download
Treating Physician Rule Report (revised) Draft Adjudication Report March 4, 2013 Download
Achieving Greater Consistency in Social Security Disability Adjudication Report Draft Adjudication Report March 4, 2013 Download
David R. Bryant Comment Adjudication Public Comment March 4, 2013 Download
Jim Grennan Comment Adjudication Public Comment March 5, 2013
March 12, 2013 Committee Meeting Agenda Adjudication Agenda March 5, 2013 Download
Alan Nussbaum Comment Adjudication Public Comment March 7, 2013
Daniel F. Solomon Comment Adjudication Member Comment March 7, 2013 Download
Donald Bishop Comment Adjudication Public Comment March 7, 2013
Eli Baumwell Comment Adjudication Public Comment March 8, 2013
NOSSCR Comment Adjudication Public Comment March 11, 2013 Download
Social Security Disability Adjudication Recommendation (revised) Draft Adjudication Recommendation March 11, 2013 Download
March 12, 2013 Committee Meeting Minutes Adjudication Meeting Minutes March 12, 2013 Download
March 12, 2013 Committee Meeting Webcast Adjudication Webcast March 12, 2013 Watch Video
Alan Nussbaum Comment Adjudication Public Comment March 23, 2013
Social Security Disability Adjudication Recommendation (clean) Draft Adjudication Recommendation April 1, 2013 Download
Social Security Disability Adjudication Recommendation (redlined) Draft Adjudication Recommendation April 1, 2013 Download
Alan Nussbaum Comment Adjudication Public Comment April 2, 2013
Alan Nussbaum Comment Adjudication Public Comment April 2, 2013
Achieving Greater Consistency in Social Security Disability Adjudication Report Final Adjudication Report April 3, 2013 Download
Statistical Appendix to Report on Achieving Greater Consistency in Social Security Disability Adjudication (redlined) Final Adjudication Appendix April 3, 2013 Download
Statistical Appendix to Report on Achieving Greater Consistency in Social Security Disability Adjudication Final Adjudication Appendix April 3, 2013 Download
Treating Physician Rule Report Final Adjudication Report April 3, 2013 Download
Achieving Greater Consistency in Social Security Disability Adjudication Report (redlined) Final Adjudication Report April 3, 2013 Download
April 8, 2013 Committee Meeting Agenda Adjudication Agenda April 5, 2013 Download
Kevin F. Foley Comment Adjudication Public Comment April 5, 2013 Download
Paul M. Ryan Comment Adjudication Public Comment April 5, 2013 Download
Thomas Snook Comment Adjudication Member Comment April 7, 2013 Download
April 8, 2013 Committee Meeting Webcast Adjudication Webcast April 8, 2013 Watch Video
Alan Nussbaum Comment Adjudication Public Comment April 9, 2013
Social Security Disability Adjudication (Council clean) Draft Adjudication Recommendation April 16, 2013 Download
Social Security Disability Adjudication (Council redlined) Draft Adjudication Recommendation April 16, 2013 Download
David Hatfield Comment Adjudication Public Comment May 10, 2013
Social Security Disability Adjudication Recommendation (for Plenary) Draft Adjudication Recommendation May 21, 2013 Download
Social Security Disability Adjudication Recommendation with Amendments (for Plenary) Draft Adjudication Recommendation June 6, 2013 Download
Improving Consistency in Social Security Disability Adjudications Adjudication Recommendation June 13, 2013 Download

Committee Meetings & Events

April 8, 2013 Committee Meeting(Committee on Adjudication)

April 8, 2013 - 2:00 pm EDT
Location name: 
Administrative Conference of the United States
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