Rescission of Three Social Security Rulings

Posted April 13, 2017 by Premier Disability Services, LLC®

The Social Security Administration announced the rescission of three previous rulings in the Federal Register on March 27, 2017 – SSR 96-2p: Titles II and XVI: Giving Controlling Weight to Treating Source Medical Opinions; SSR 96-5p: Titles II and XVI: Medical Source Opinions on Issues Reserved to the Commissioner; and SSR 06-3p: Titles II and XVI: Considering Opinions and Other Evidence from Sources Who Are Not “Acceptable Medical Sources” in Disability Claims, Considering Decisions on Disability by Other Governmental and Nongovernmental Agencies. The administration noted that these three SSRs are inconsistent or unnecessarily duplicative with their recent final rules, Revisions to Rules Regarding the Evaluation of Medical Evidence, published in the Federal Register on January 18, 2017 (82 FR 5844).

SSR 96-2p explained how adjudicators should evaluate medical opinions from treating sources, including when it is appropriate to give controlling weight to medical opinions from treating sources. The final rules revised these policies for claims filed on or after March 27, 2017, in several ways. For example, adjudicators will not assign a weight, including controlling weight, to any medical opinion for claims filed on or after March 27, 2017.

SSR 96-5p explained how adjudicators should consider and articulate their consideration of medical source opinions on issues reserved to the Commissioner in the notice of the determination or decision. The final rules revised these policies for claims filed on or after March 27, 2017, in several ways. For example, in claims filed on or after March 27, 2017, adjudicators will not provide any articulation about their consideration of this evidence because it is inherently neither valuable nor persuasive.

SSR 06-03p explained how Social Security considers opinions and other evidence from sources who are not acceptable medical sources and how they consider decisions by other governmental and nongovernmental agencies on the issue of disability or blindness. The final rules revised these policies for claims filed on or after March 27, 2017, in several ways. For example, in claims filed on or after March 27, 2017, the final rules state that all medical sources, not just acceptable medical sources, can make evidence that Social Security categorizes and considers as medical opinions. Also, in claims filed on or after March 27, 2017, the final rules state that adjudicators will not provide any articulation about their consideration of decisions from other governmental agencies and nongovernmental entities because this evidence is inherently neither valuable nor persuasive.

Federal Register – March 27, 2017: https://www.federalregister.gov/documents/2017/03/27

Final Rule – January 18, 2017: https://www.federalregister.gov/documents/2017/01/18/2017-00455/revisions-to-rules-regarding-the-evaluation-of-medical-evidence

By: Thomas A. Klint of Premier Disability Services, LLC®

Social Security Receives Hiring Freeze Exception

Posted April 7, 2017 by Premier Disability Services, LLC®

Hiring Freeze Exception

The Office of Personnel Management (OPM) has so far exempted three offices from President Donald Trump’s hiring freeze, according to an OPM spokesperson. Administrative law judges and hearing support staff, as well as processing center employees, at the Social Security Administration are exempted. However, there is so far no exception for field office staff.

Agencies can request, and OPM can grant, additional exemptions if they fall outside of the scope of the original guidance the administration released on January 31, 2017. Agency heads can also exempt specific positions in the national security or public health fields — or if those positions fall under OPM and the Office of Management and Budget’s original guidance.

Source: http://federalnewsradio.com/workforce/2017/03/opm-grants-3-hiring-freeze-exemptions/

By: Joyce Trudeau of Premier Disability Services, LLC®

Public Forum on the Representative Payee Program

Posted March 31, 2017 by Premier Disability Services, LLC®

Representative Payee Program

The Social Security Advisory Board held a policy forum on the Social Security Administration’s Representative Payee Program on March 27, 2017 at the 20 F Street NW Conference Center. This forum included panels on identifying who needs a representative payee, monitoring representative payee performance, and the way forward.

Currently, more than 6 million payees manage $80 billion in Social Security and Supplemental Security Income benefits for more than 3.5 million adults and 4 million children determined to be incapable of managing their own benefits. Generally, the administration looks for family members or friends to serve as representative payees. If no family or friends are available, the administration seeks qualified organizations to serve as the representative payee. Projections indicate that the number of people needing assistance with their benefits will increase dramatically in the coming decades as the U.S. population ages.

The discussions at the forum included the process of determining capacity, best practices, collaborative efforts and new approaches from the front lines, necessary oversight, program evaluation, and preparing for the future. You can read more about Social Security’s Representative Payee program here: https://www.ssa.gov/payee/.

Source: https://www.ssa.gov/news/newsletter/

By: Thomas A. Klint of Premier Disability Services, LLC®