Social Security still lacks a confirmed commissioner or an acting commissioner, but is still trying to get the Office of Management and Budget (OMB) to approve Revisions to the Rules of Conduct and Standards of Responsibility for Appointed Representatives. These final regulations were previously submitted to the OMB before President Barack Obama was still in office, but were withdrawn just before the inauguration of President Donald Trump. Below are some highlights of what is being considered.
- The changes to our rules are not meant to suggest that any specific conduct is permissible under our existing rules; instead, we seek to ensure that our rules of conduct and standards of responsibility are clearer as a whole and directly address a broader range of inappropriate conduct;
- A representative should not withdraw after a hearing is scheduled unless the representative can show that a withdrawal is necessary due to extraordinary circumstances, as we determine on a case-by-case basis;
- Disclose in writing, at the time a medical or vocational opinion is submitted to us or as soon as the representative is aware of the submission to us, if;
- The representative referred or suggested that the claimant seek an examination from, treatment by, or the assistance of the individual providing opinion evidence.
These new rules seem to make it more difficult on attorneys who represent claimants. There are a variety of reasons attorneys withdraw from cases and, the rule regarding withdrawing after a hearing has been scheduled could end up wasting a lot of time for all parties involved. The rules related to recommending medical treatment are also concerning. Although law offices typically do not recommend physicians they can recommend a client see a particular type of doctor, but this is much different than recommending a specific physician.
