From United Spinal Association: For Entire Post, Go Here…
ngd- The purpose of such barriers by SSA is to dramatically reduce eligibility by people whose disabilities make them eligible and postpone a fair decision in the hope that individuals will give up trying or die…
United Spinal Association recently filed a complaint with the U.S. District Court for the District of Columbia for the alleged unlawful “wet ink” signature requirements imposed on persons with disabilities in connection with applications for certain disability benefits of the Social Security Administration (SSA).
The complaint, which requests judicial review and declaratory and injunctive relief, states that the wet ink signature requirements, “unlawfully, irrationally and unnecessarily interfere with persons with disabilities’ ability to pursue their rights to federal disability benefits—making an already cumbersome application process for persons with disabilities even more difficult.”
“The SSA has chosen to selectively comply with or ignore the laws related to electronic signatures and documents and the right to representation. It has created and reinforced unnecessary barriers for those who legitimately need and seek assistance from third parties in obtaining disability benefits,” said James Weisman, United Spinal’s president and CEO.
United Spinal asserts that the arbitrary manner in which the SSA has applied its wet signature requirements to only those applicants applying for disability benefits with a representative is a violation of the First Amendment and violates several key provisions of the Administrative Procedure Act (APA).
The APA prevents agency actions that are arbitrary; capricious; an abuse of discretion; contrary to law; contrary to constitutional right, power, privilege, or immunity; in excess of statutory jurisdiction, authority, or limitations; or without observance of procedure required by law.
“The success rate of Social Security Disability Insurance applicants is almost tripled when they are represented by attorneys and professional representatives than when they apply without a representative. Individuals applying for Social Security Disability can legally use a representative familiar with the process to ensure success. Why then, in this time of COVID-19, does the SSA confront applicants who wish to use a representative with hurdles to overcome that it does not impose on the unrepresented?,” added Weisman.