The Administrative Conference of the United States has undertaken numerous studies over the years relating to the appeals process in the Social Security Administration (SSA) disability program. It has issued four recommendations specifically involving the various levels of review in that program. It has also issued other more general recommendations...
Appeals (Recommendations)
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- Recommendation number: 90-4
- Adopted on: June 8, 1990
- Tags: Adjudication, Appeals, Disability, Hearings, Social Security
- Recommendation number: 93-2
- Adopted on: June 10, 1993
- Tags: Adjudication, Appeals, Bank Regulation, Congress, Judicial Review
In the wake of the recent crises in the banking industry, Congress has passed two major statutes affecting the relationship among the four principal banking regulators (the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, and the Office of Thrift Supervision) and the industries they supervise....
- Recommendation number: 86-5
- Adopted on: December 4, 1986
- Tags: Adjudication, Appeals, Congress, Health Care, Medicare
The Medicare program, since 1965, provides health insurance for nearly all elderly and most disabled Americans. The program relies on hospitals, nursing homes and other health care institutions (under “Part A” of the program) and physicians and suppliers (under “Part B”) to provide benefits to its beneficiaries.
This program, serving 30 million persons, has been administered since 1977...
- Recommendation number: 87-7
- Adopted on: December 18, 1987
- Tags: Adjudication, Administrative Review, Appeals, Disability, Social Security
The Social Security disability system is described generally in Recommendation 87-6 which focuses on the initial determination process at the state-level Disability Determination Service (DDS) offices. This Recommendation addresses the later stages of review by the Social Security Administration (SSA).1
The first stage of review by federal decisionmakers is the...
- Recommendation number: 73-2
- Adopted on: June 8, 1973
- Tags: Adjudication, Appeals, Immigration, Labor
Under the 1965 amendments to the Immigration and Nationality Act aliens seeking permanent residence for the purpose of employment must obtain a certification from the Secretary of Labor that, in essence, there are no suitable workers available in the United States and that their employment will not adversely affect wages and working conditions. 8 U.S.C. 1182(a)(14). The labor certifications...
- Recommendation number: 72-8
- Adopted on: December 15, 1972
- Tags: Adjudication, Appeals, Ex Parte Communications, Federal Employees, Hearing Officers, Hearings
A critical part of the mission of the Administrative Conference is to study the processes of government to assure the full protection of the rights of private citizens, including the rights of federal employees. At the same time, the Conference is equally concerned about assisting government agencies to devise and implement efficient administrative procedures that will facilitate...
- Recommendation number: 71-1
- Adopted on: May 7, 1971
- Tags: Adjudication, Appeals, Interlocutory Appeals
Interlocutory appeal procedures for agency review of rulings by presiding officers must balance the advantages derived from intermediate correction of an erroneous ruling against interruption of the hearing process and other costs of piecemeal review. Striking an appropriate balance between these competing concerns requires that the exercise of discretion in individual cases be carefully...