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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 Requires Electronic Filing
The Social Security Administration has announced the first electronic service that must be used by representatives who request direct fee payment. Read More

Treating Physician, Representative Conduct Final Regulations Issued
With the stroke of a pen - or maybe just a click of a keyboard - the commissioner of Social Security has relieved his adjudicators of obligations while imposing more on representatives. On February 23, 2012, SSA published final regulations regarding the development of evidence. They were first proposed in April. 77 Fed. Reg. 10651 (Feb. 23, 2012). Read More

SSA Seeks Input for New Speech/Language Listing
SSA issued an Advance Notice of Proposed Rulemaking that it contemplates issuing a Notice of Proposed Rulemaking. The agency indicated that it is “considering whether to propose new rules for evaluating language and speech disorders. Read More

More Articles >>

 

 

POLICY ADVOCACY

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


Legislative Memo: 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


 

NEWSLETTERS

Disability Law News - March 2012 Issue
The Disability Law News is a quarterly newsletter published for DAP advocates. This issue will look at the final regulations issued by the Social Security Administration on treating physician and representative conduct. Additional articles discuss regulations on electronic filing requirements and vision listing proposed changes. Also in this issue you will find articles on recent Court Decisions, and Administrative Decisions. Read More