Comment from Abbott, Jonathan, Paying It Forward Disability Advocates

December 21, 2008 Re: proposed regulation SSA 2007-0058 Dear Commissioner Astrue: I recommend that you do not adopt this proposed regulation. Not one of my Title II (DIB) or Title XVI (SSI) clients or prospective clients have ever been confused by the difference between the time periods for completing an application for the two programs. Put another way, no client has ever come to me and expressed such confusion. Nor have I had any concurrent claim clients confused by the difference. What is confusing is the mass of information required for an application and the fact that two documents, the application and the disability report, are necessary for a complete application. Many clients become overwhelmed. Many, with mental health issues, lose track of what they need to do. Some turn to relatives at first for help and those relatives do not follow through. Rather than change the time period to 60 days for Title II, SSA should change the time period to 6 months for Title XIV. If the time period is reduced, more applications will have to be started over. This will increase, not decrease, SSA's workload. The only possible reason for this change is to reduce the amount that is paid to claimants who are clearly due the money because ... shortening the time period has nothing to do with changing onset dates or deciding whether or not a person is disabled. Another problem: Although SSA may have a POMS requiring it to send notices to claimants who do not complete applications on time (either 6 months or 60 days) the reality is that my clients are not receiving such notices. They tell me they have an application pending. I get a 1696 and inquire: No application. SSA needs to provide better notices - 100% of the time - before it reduces claimant's rights. I have had DIB client who start an application online. While they are gathering materials, their finances continue to deteriorate. One of the first monthly costs to go is their internet service. Cutting off the time to complete an online application when someone is experiencing the financial pain of losing their health and their ability to support themselves is contrary to the spirit of the disability program. DIB is an insurance program. We all pay into it with each paycheck, just as we do for other types of insurance. Is it fair for the insurance company - in this case the Social Security Administration - to change the terms of the policy to make it harder to collect benefits? In essence, this proposed regulation is saying to the public: "Because you might be confused, we are reducing your time to apply for benefits." Sincerely, Jonathan A. Abbott, Esq.