New SSA Commissioner Sworn In

April 1, 2007

Author: Catherine M. Callery (Kate)| Louise M. Tarantino

Michael Astrue was sworn in as the new Commissioner of Social Security on February 12, 2007.  http://www.ssa.gov/pressoffice/pr/astrue-pr.htm.  See also the November 2007 edition of the Disability Law News.  Advocates should note that Commissioner Astrue should now be substituted for Ms. Barnhart, or Acting Commissioner Linda S. McMahon, in all federal court pleadings pursuant to Fed. R. Civ. P. 25(d)(1).

At his confirmation hearing before the Senate Finance Committee on January 24, 2007, Commissioner Astrue touted his background with the disability programs, noting that he ended SSA’s non-acquiescence policy.  He also shared with the Committee his own experience of helping his father apply for disability benefits in the mid-1980s. 

In response to questions about implementation of SSA’s new Disability Service Improvement initiatives, Commissioner Astrue stated that he plans to revisit the new process, and will explore whether some of the “least controversial” aspects can be rolled out nationwide.  He also asserted that like Commissioner Barnhart before him, he intended to stay out of the Social Security privatization debate.  Finally, he described himself as an “incrementalist,” who is unlikely to make any sweeping organizational changes in the agency in the short term. 

Despite Commissioner Astrue’s reticence to jump on board DSI, former Commissioner Joanne Barnhart, as one of her last acts before her term ended, made appointments to the Decision Review Board (DRB), which will be replacing the Appeals Council.  Appointments to the DRB Review Panel include both ALJs and AAJs (Administrative Appeals Judges who are current Appeals Council members.  ALJs appointed are: Blanca de la Torre, Paula Garrety, Steve Hubbard, David Stephens.  AAJs include: Barbara Johnson, George Lowe, Dorothea Lundelius, Richard White.  Appointments were also made to the Advisory Panel, which is “to study the disability determination process, identify issues that impede consistent adjudication at all levels of the process and recommend improvements to that process.”  Appointees include:  David Hatfield, Michael Heitz and Mary Kunz (ALJs); and Chris Field, Robert Johnson and Mark Millet (AAJs).