ADVISORY
FROM THE COMMITTEE ON WAYS AND MEANS

Subcommittee on Social Security

Shaw Announces Third in a Series of Hearings on Social Security
Disability Programs' Challenges and Opportunities

Congressman E. Clay Shaw, Jr. (R-FL), Chairman, Subcommittee on Social Security of the Committee on Ways and Means, today announced that the Subcommittee will hold a hearing to examine the definition of disability.  The hearing will take place on Thursday, July 11, 2002, in room B‑318 Rayburn House Office Building, beginning at 10:00 am.

In view of the limited time available to hear witnesses, oral testimony at this hearing will be from invited witnesses only.  However, any individual or organization not scheduled for an oral appearance may submit a written statement for consideration by the Subcommittee and for inclusion in the printed record of the hearing.

BACKGROUND:

Last year, the Subcommittee began a hearing series examining the challenges and opportunities facing Social Security’s disability programs.  In the first hearing of the series, the Subcommittee heard an overview of these challenges from key stakeholders.  Recommendations generally focused on how to decrease processing times at all levels of disability claims.  During the second hearing, the Subcommittee examined the reasons for delays, complexities, and inconsistencies in the disability determination and appeals process, and explored recommendations for change.

The Social Security Act was amended in 1956 to create the Social Security Disability Insurance (SSDI) program, which provides workers and their families with an income safety net should a breadwinner become disabled.  The Social Security Administration (SSA) also administers the Supplemental Security Income (SSI) program, created in 1972, which provides means-tested benefits to aged, blind, and disabled individuals. 

Under current law, disability is defined in both programs as “an inability to engage in any substantial gainful activity by reason of a medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.”  The SSA only pays benefits for total disability and does not pay benefits for partial or short-term disability.  The law is implemented through numerous agency regulations and rulings which affect how disability decisions are made.    

Many people, including the bipartisan Social Security Advisory Board, the U.S. General Accounting Office, individuals with disabilities, and their advocates have suggested the definition of disability is at odds with the desires of those individuals with disabilities who want to work but who still need some financial or medical assistance.  Under current law, for example, an individual must first prove they are unable to work to receive benefits - yet, once benefits have begun, increased services and new incentives such as those provided through recent “Ticket to Work” legislation, are aimed to help beneficiaries return to work.   

In announcing the hearing, Chairman Shaw stated:  “Medical treatment, assistive technology, and the nature of work itself has changed significantly since Social Security's disability programs were created in the 1950s and the 1970s.  It’s long past time for us to carefully and thoughtfully examine how disability is defined to ensure the benefits provided today and in the future continue to keep pace with the needs of our ever-changing society."

FOCUS OF THE HEARING:

The Subcommittee will examine:  (1) how the Social Security Administration (SSA) determines disability as defined in the statute; and (2) the degree to which the definition of disability in law, and SSA’s determination of what constitutes disability, addresses the needs of today’s workers, beneficiaries, and the intent of the SSDI and SSI programs.

DETAILS FOR SUBMISSION OF WRITTEN COMMENTS:

Please Note:  Due to the change in House mail policy, any person or organization wishing to submit a written statement for the printed record of the hearing should send it electronically to hearingclerks.waysandmeans@mail.house.gov, along with a fax copy to (202) 225-2610, by the close of business, Thursday, July 25, 2002.  Those filing written statements who wish to have their statements distributed to the press and interested public at the hearing should deliver their 200 copies to the Subcommittee on Social Security in room B-316 Rayburn House Office Building, in an open and searchable package 48 hours before the hearing.  The U.S. Capitol Police will refuse sealed-packaged deliveries to all House Office Buildings. 

FORMATTING REQUIREMENTS:

Each statement presented for printing to the Committee by a witness, any written statement or exhibit submitted for the printed record or any written comments in response to a request for written comments must conform to the guidelines listed below.  Any statement or exhibit not in compliance with these guidelines will not be printed, but will be maintained in the Committee files for review and use by the Committee. 

1. Due to the change in House mail policy, all statements and any accompanying exhibits for printing must be submitted electronically to hearingclerks.waysandmeans@mail.house.gov, along with a fax copy to (202) 225-2610, in Word Perfect or MS Word format and MUST NOT exceed a total of 10 pages including attachments. Witnesses are advised that the Committee will rely on electronic submissions for printing the official hearing record.

2.  Copies of whole documents submitted as exhibit material will not be accepted for printing.  Instead, exhibit material should be referenced and quoted or paraphrased.  All exhibit material not meeting these specifications will be maintained in the Committee files for review and use by the Committee.

3.  Any statements must include a list of all clients, persons, or organizations on whose behalf the witness appears.  A supplemental sheet must accompany each statement listing the name, company, address, telephone and fax numbers of each witness.

Note: All Committee advisories and news releases are available on the World Wide Web at http://waysandmeans.house.gov.

The Committee seeks to make its facilities accessible to persons with disabilities. If you are in need of special accommodations, please call (202) 225-1721 or (202) 226-3411 TTD/TTY in advance of the event (four business days notice is requested). Questions with regard to special accommodation needs in general (including availability of Committee materials in alternative formats) may be directed to the Committee as noted above.