The Social Security Administration can now put the fate of disability claimants in the hands of internally employed agency Administrative Appeals Judges (AAJs) rather than the previous practice of putting independently minded Administration Law Judges (ALJs), who not beholden to the agency, in charge of making disability decisions for appeals hearing. Many experts believe the move will result in many more people being denied disability benefits, but members of Congress have noticed and are trying to change the ruling through legislation.
Late last week three congressional chairmen introduced a Congressional Review Act resolution to overturn the rule, which was adopted by President Donald Trump’s administration in an apparent attempt to limit disability benefits for millions of Americans.
In a press release issued by one of the congressman, U.S. Rep. John Larson D-Connecticut, the chairman of the Social Security Subcommittee, said that by allowing agency employed adjudicators to rule at appeals hearings will result in more disability denials and violates a claimant’s right to due process.
“This harmful rule erodes due process for Americans who are appealing a denial of Social Security or Supplemental Security Income (SSI), threatening access by eligible individuals to essential disability, retirement, and survivors’ benefits,” said Larson. “It is vital we overturn this destructive Trump Administration rule and instead work to make it easier for Americans to access the benefits they have earned.”
This new rule is just one more attempt by Social Security officials to make it increasingly more difficult for Americans who are impaired and unable to work to qualify for disability benefits they have earned and are entitled to. Social Security Disability Insurance (SSDI) benefits require significant work history and significant payment of Social Security taxes by a claimant to even be qualified for disability insurance benefits. This is an earned benefit for impaired workers and the agency should not be making it more difficult to qualify for benefits.
