Articles from prior issues of The Advocate

November/December, 1999

NADE Correspondence

nade

Jeffrey H. Price PO Box 243 Raleigh, NC 27602

October 4, 1999

Commissioner of Social Security PO Box 17703 Baltimore, MD 21235-7703

Dear Commissioner:

The National Association of Disability Examiners (NADE) wishes to express its support for the revisions to the Social Security and Supplemental Security Income (SSI) disability regulations clarifying the consideration of “age” as a vocational factor and the proposal to amend the rules to explain how transferability of skills for individuals of “advanced age” should be considered.

While we support the policies promulgated in the NPRM we do have some difficulty understanding the need for these clarifying rules. Not only do they reflect SSA’s current policies, they are consistent with the way our members are currently adjudicating claims. However, in order to eliminate any misunderstanding of the concept, and to promote consistency in the application of the vocational rules, we support the publication of regulations clarifying that “age” means chronological age. Likewise, we support the addition of Sections 404.1568(d)(4) and 416.968(d)(4) regarding transferability of skills for individuals of advanced age. Again, we believe this should eliminate any misunderstanding of this concept and promote consistency in the adjudication of claims. We also agree that it is important to reiterate that “age” cannot be applied in a mechanical fashion in borderline age situations.

Regarding the clarity of these proposed rules we would like to offer the following suggestion:

For an NPRM such as this we would suggest that the current wording of the regulation being changed be presented, followed by the proposed wording and then by an explanation of - and rationale for - the revision.

We believe this format would allow those groups and individuals who are affected by the changes being proposed to more easily address those changes.

We appreciate the opportunity to comment on these proposed rules and on the clarity with which they were presented. Thank you for your consideration of our comments.

Sincerely,

Jeffrey H. Price, NADE President

cc: NADE Board National Association of Disability Examiners