No big deal, right? This is the way the SSA works with new rules. They publish a rough draft, work out the kinks, then release the final version so that it can be used in real cases. But here’s the problem: no final rules were ever published. For the last 20 years, claimants and reps have been able to point to the interim procedures as proof that the SSA knew there was a problem with biased judges, but they still couldn’t do anything about it unless they wanted to file a class action lawsuit against the SSA itself.
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Well, earlier this year it finally happened. Those “final” procedures were actually published, and now there’s a way to actually deal with bias using SSA guidelines. This should be a reason to rejoice, and obviously it’s good for claimants, but why did it take 20 years? Why publish these official procedures now? It comes back to the bias settlement I mentioned last week.
Settlement in Bias Lawsuit Forces the SSA’s Hand
Why did it take 20 years to finish these procedures? Quite simply, because the SSA knew they could get away with bias as long as there weren’t specific, official procedures in place to deal with it. That may sound pessimistic, but try to come up with another rational reason explaining not only why it took so long, but also how the agency was able to publish their final procedures so quickly after being forced to settle in the 2011 lawsuit.
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There are only two answers that make sense, and neither paints the SSA in a favorable light. One is that they’ve had the procedures ready for a while, but simply decided to sit on them. The other answer is that they’ve been sitting on their thumbs for the past 20 years, but were so scared by the settlement that they rushed the final procedures through after they knew they were going to lose.
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What’s so disappointing about this is that the SSA is supposed to be looking out for people who need help, not working overtime to keep them from getting benefits. Situations like this are why it’s so important to know your rights and get a good Social Security Disability attorney on your side. Keep up with the latest goings on in Social Security by reading our blog, and if you want more in-depth information, try our free Social Security eBook.
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