United Spinal Association is proud to have helped persuade the Social Security Administration (SSA) to take the unusual step of withdrawing parts of a proposed regulation that would have hurt the chances for people with disabilities to obtain Social Security disability benefits to which they are entitled.

In particular, SSA has withdrawn a proposal to require claimants to submit medical records of a disability a full five (5) days before a Social Security appeals hearing. This time deadline is not realistic in many instances. It is difficult, time-consuming and sometimes costly to obtain necessary medical records – particularly for people who are struggling with disabilities and have no income.

Testifying on behalf of the Consortium for Citizens with Disabilities at a January 16, 2008 House Ways and Means Committee, Social Security Subcommittee hearing, United Spinal’s Terence J. Moakley stated, “we fear the proposed process could be unfair and would serve speed rather than accuracy in determining whether a claimant meets SSA’s definition of disability.”

Moakley noted further in his oral testimony that, “many are unable to obtain medical records for reasons beyond their control, such as wrestling with a bureaucracy for which providing records is a low priority.” Moakley added, “if the record is closed as proposed, the claimant will be denied benefits not due to the absence of disability but because the rules preclude presenting evidence of that very disability.”

Moakley’s testimony also recommended other improvements to Social Security disability programs:
•eliminating the five month waiting period for cash benefits for many newly-approved beneficiaries because most will have no income whatsoever during this time;
•eliminating the 24 month waiting period for many beneficiaries to become eligible for Medicare because this is a time when a newly-disabled person most needs health care; and
•creating incentives for many beneficiaries to return to work without jeopardizing their access to health care.