Court Ruling, Regulations to Affect SSD Claims

August 27th, 2018 Social Security Disability
Courtroom

The House Ways and Means Social Security subcommittee recently organized a hearing in which witnesses discussed pending changes affecting how the Social Security Administration (SSA) processes claims for Social Security Disability Insurance (SSDI) benefits. A detailed article on the proceedings appears here.

The changes are expected to affect the efforts of private disability insurers to move beneficiaries into SSDI claims—raising issues for companies offering group disability insurance plans. The changes will also affect employers, administrators, brokers, consultants and financial professionals who administer such products in the group disability market. The changes include:

Recent Executive Order: The order places responsibility for hiring SSDI judges on the President. A majority Supreme Court decision found the existing hiring process for administrative law judges to be unconstitutional.

New SSA Regulations: The regulations affect claim representatives who help SSDI applicants through the claim determination process. These regulations—published in the Federal Register—are set to go into effect.

While some claim the effects of the executive order could be modest, others indicate the new regulations could potentially hurt SSDI claimants. Those in favor indicate the order gives department and agency heads needed flexibility to hire judges. Those opposed counter the new executive order and regulations could potentially threaten the judicial independence of administrative judges—and treat representatives as adversaries in the application process.

We Can Help

If you are disabled and unable to work, call Disability Attorneys of Michigan for a free confidential consultation. We’ll let you know if we can help you get a monthly check and help you determine if any money or assets you receive could impact your eligibility for disability benefits.

Disability Attorneys of Michigan works hard every day helping the disabled of Michigan seek the Social Security Disability and Veterans Disability benefits they need. If you are unable to work due to a physical, mental or cognitive impairment, call Disability Attorneys of Michigan now for a free consultation at 800-949- 2900.

Let Michigan’s experienced disability law firm help you get the benefits you deserve.

Disability Attorneys of Michigan, Compassionate Excellence.

 

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- Jan S.