Progress update:
In CY 2023, the Legal Aid Interagency Roundtable dedicated its work to Access to Justice in Federal Administrative Proceedings. The final report by LAIR examines the challenges that people face in accessing federal administrative proceedings, which are crucial for obtaining public benefits and rights, and proposes two strategies to improve them: simplifying the forms, processes, and language of the proceedings, and increasing the availability of legal assistance by lawyers and nonlawyers. The report includes numerous strategies and initiatives agencies have committed to in response to the report. OMB continues to participate in LAIR, including attending a January 2024 Access to Justice Research and Federal Agencies Workshop focused on expanding collaboration between researchers, data scientists, and the access to justice policy community.
During the interagency regulatory review of a proposed Social Security Administration regulation, OMB hosted a meeting with stakeholders where stakeholders identified additional ways in which the agency could simplify a set of highly-complex payment rules for low-income, disabled individuals who receive Supplemental Security Income and live with friends or family. In August and September, 2023, SSA published proposed rules which specifically highlight the agency’s objective of reducing administrative burdens on both beneficiaries and agency personnel while improving the overall administration of the SSI program.
Through separate listening sessions hosted as a part of SSA’s commitments in the 2022 Legal Aid Interagency Roundtable Report, SSA hosted two listening sessions (attended by OMB) with legal aid providers to understand additional burdens facing stakeholders and beneficiaries. Among the topics at these sessions were the burdens associated with SSA’s requirement to report on 15 years’ worth of work history for new disability beneficiary applicants and the burdens associated with navigating the overpayment waiver and recovery process. In September 2023 SSA published a proposed rule to reduce the work history reporting requirements to five years. In the fall of 2023 SSA also released a simplified version of the overpayment waiver form and has committed to additional burden reduction initiatives related to overpayment recovery and waivers.
Evidence:
During the NAP 5 publishing period (December 2022), the Legal Aid Interagency Roundtable convened to discuss strategies and next steps related to burden reduction for the public [PDF]. Results, and examples of progress and initiatives slated for future development are noted throughout the report.
Additionally, the Open Government Working Group is hosting a public engagement session in 2023 where high-priority programs can be identified by civil society stakeholders.