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Rules & Regulations

SSA’s administration of the SSDI and SSI disability programs is governed by regulations contained at 20 Code of Federal Regulations (C.F.R) §§404 and 416. (http://www.ssa.gov/OP_Home/cfr20/cfrdoc.htm). On a regular basis, SSA proposes changes to existing regulations by publishing proposed regulations in the Federal Register and inviting public comments to proposed changes. After digesting comments, SSA then publishes final regulations in the Federal Register. This section includes proposed regulations, comment letters that the Empire Justice Center has submitted on proposed regulations, and final regulations implemented by SSA.

SSA also publishes its policies and practice in Social Security Rulings (SSRs), that are issued periodically and can be found at http://www.ssa.gov/OP_Home/rulings/rulings.html.  Discussions of new SSRs are contained in this section, as are changes to SSA's internal rules and procedures found in the POMS (Program Operating Manual System https://secure.ssa.gov/apps10/poms.nsf/home!readform) and HALLEX (Hearings, Appeals, and Litigation Law Manual http://www.ssa.gov/OP_Home/hallex/hallex.html).  Newly issued Emergency Messages and Chief ALJ Bulletins are also included. 

Finally, any changes made by Congress to the Social Security Act itself can be found in this section.

 


ARTICLES

SSA Consolidates DAA Policies
Social Security Ruling (SSR) 13-2p - Evaluating Cases Involving Drug Addiction and Alcoholism (DAA) - was issued on February 20, 2013, with an effective date thirty days hence. Read More

Complaining About ALJs: New SSR to the Rescue?
More than 20 years ago, SSA issued a notice about interim procedures to handle complaints of ALJ bias, prejudice, and unfairness. Over the ensuing years, claimants and advocates have been frustrated in their attempts to complain about ALJ behavior. Read More

Social Security Ruling 13-3p Issued
As part of the flurry of rulings and proposed regulations signed off on by Commissioner Astrue before his departure, SSA issued Social Security Ruling (SSR) 13-3p. The new SSR, published in the Federal Register on February 21, 2013, governs appeals of initial medical disability cessation determinations or decisions. Read More


Rules & Regulations: Articles



POLICY ADVOCACY

Empire Justice Memo of Support: Provide a Person’s Treating Doctor with the Appropriate Role in Determining Whether They are Employable
This bill would require that, subject to certain criteria, the treating practitioner’s opinion would be “generally controlling” in the determination of employability. Read More

Empire Justice Memo of Support: Provide a Fair & Realistic Auto Resource Rule & Remove the Sunset Provision
We strongly support A.7236 AND S.410, which would replace the current two-tiered automobile resource exclusion with a uniform $9300 exemption, and extend a number of other resource provisions that were enacted as part of welfare reform. Read More




NEWSLETTERS

Disability Law News - March 2013 Issue
The Disability Law News is a quarterly newsletter published for DAP advocates. Featured in this issue are details on the new Social Security Ruling (SSR) 13-2p Evaluating Cases Involving Drug and Alcoholism (DAA). Additional articles include an analysis of the Court of Appeals decision on the treating physician rule. Also in this issue you will find articles on regulations, additional Court Decisions and many helpful websites listed in Web News. Read More

Disability Law News - December 2012
The Disability Law News is a quarterly newsletter published for DAP advocates. Featured in this issue features an analysis of the Second Circuit ruling on Listing 12.05. Additional articles include the announcement of a cost-of-living (COLA) increase for 2013 for monthly Social Security and Supplemental Security Income (SSI) benefits and the amended regualations governing discharge of federal student loans based on total or permanent disability. Also in this issues you will find articles on regulations, Court Decisions and many helpful websites listed in Web News. Read More



TRAINING AND EVENTS

Res Judicata, Reopening and Revival: The 3 Rs for Keeping Social Security Cases Alive (so they can be paid)
This training explores the ways in which the Social Security Administrations (SSAs) administrative finality and res judicata rules can be avoided. Read More