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Goal Should be to Help People in Need Without Compromising the Integrity of the SSI System
House of Representatives - Ways and Means Human Resources Subcommittee
September 27, 2005

The following are prepared remarks that McDermott spoke from at the opening of a House Ways and Means Human Resources Subcommittee hearing where Commissioner of Social Security, Jo Anne B. Barnhart testified about the agencies proposed improvements to the Disability Determination Process.

Chairman Herger and Chairman McCrery, thank you for calling this hearing to seek additional comments on the Social Security Commissioner's proposal to alter the Social Security disability claims process.

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I believe our goal should be to help people by streamlining the process and speeding up decision making without compromising the integrity of the system.

Commissioner Barnhart's proposal recommends some improvements, like fast track for obvious cases of disability, and using a national network of medical and vocational experts to improve the quality of disability evaluations. These are good ideas and the Commissioner deserves credit for suggesting them.

However, as currently written, we would be ill-advised to support these proposed regulations because they turn claimants into defendants. And, the outcome will harm the very people we are trying to help.

I am particularly concerned about the new rules as they relate to submitting evidence during the appeals process, and requesting that a case be reconsidered in the event that new evidence becomes available at a later date.

I'm also concerned about the potential impact these proposed new regulations will have on children applying for SSI benefits. Like other beneficiaries, if a child's parent cannot adhere to all of the new rules under the proposal, that child would not receive the critical assistance that they need in their early years.

Furthermore, the proposed new rules ignore the unique characteristics of the population that is served by the SSI and disability programs. Some of the recipients suffer from severe disabilities that will make it difficult for them to complete the disability claims process on their own.

Meanwhile, others who suffer from disabilities that are not easily identifiable, such as Multiple Sclerosis, will have difficulty meeting the new deadlines for submitting medical evidence, and will face additional obstacles in getting their case reopened after the appeals process is completed.

As written, these regulations make due diligence unduly difficult. People will fall through the safety net; people will get hurt. I have no intention of seeing a child harmed because we approved new regulations that put bureaucracy ahead of humanity.

While I appreciate Commissioner Barnhart's initiative to improve the disability claims process, a lot more work needs to be done. We're ready to work for a bi-partisan solution and I hope that is a unanimous decision that comes out of this hearing.