Introducing Nonadversarial Government Representatives to Improve the Record for Decision in Social Security Disability Adjudications

摘要

This report was commissioned by the Social Security Advisory Board (SSAB). It is the second report commissioned by the SSAB from Strategem, Inc. In the first report, the authors (Paul Verkuil and Jeffrey Lubbers) evaluated administrative alternatives to the present system of judicial review of social security disability decisions and recommended consideration of an Article I disability court to handle appeals from the SSA. For this report, the SSAB asked Strategem to consider two issues that arise from the Administrative Law Judge (ALJ) stage in the proceeding: (1) whether (and when) to close the record upon which the decision concerning eligibility is based; and (2) whether (and how) the government should be represented in the SSA decision processin particular, whether a government representative should appear before the ALJ. This report explains and answers those questions and provides extensive background explaining their significance.