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Judges and Judiciary,
Administrative/Regulatory

Feb. 7, 2020

Social Security due process hearings are under attack

Proposed changes to Social Security Administration disability hearings would undermine fundamental due process.

Ann Breen-Greco

Ann is an independent administrative judiciary professional in Chicago, Illinois, and past chair of the American Bar Association Judicial Division and National Conference of the Administrative Law Judiciary.

Thomas W. Snook

Thomas is a former U.S. administrative law judge, SSA Miami, Florida, Hearing Office and past chair of the American Bar Association National Conference of the Administrative Law Judiciary.

During the recent winter holidays, the Social Security Administration proposed a new federal regulation to authorize Appeals Council attorney-examiners/appeals officers (recently renamed “administrative appeals judges”) to hold hearings and issue decisions in Social Security Administration disability hearings, essentially, replacing independently appointed administrative law judges.

In 2016, a similar regulation, citing similar reas...

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