A pending Supreme Court case threatens how government agencies enforce regulations. The case threatens not only Social Security’s administrative process but many other regulations issued by governmental agencies. Many federal agencies issue regulations which control the operation of everything from food products to interpretation of Social Security disability law. The United States Supreme Court is taking a good look at this process to determine its legitimacy. The doctrine has been in practice for decades and provides the backbone of how most disability decisions occur. The Supreme Court in 1984 in Chevron, U.S.A., Inc. v. Nat. Res. Def. Council, Inc., 467 U.S. 837, 838, 104 S. Ct. 2778, 81 L. Ed. 2d 694 (1984) gave considerable authority to administrative agencies in decision-making when the underlying laws were not specific enough to resolve disputes and issues. This year, the Supreme Court is looking at whether fishing regulations exceed the authority of Secretary of Commerce and the National Marine Fisheries Service, i.e., the power to “implement a comprehensive fishery management program.” This decision may effect Social Security disability regulations as well as a host of other agency regulations, and throw rule making and enforcement into chaos. Stay tuned to this issue.
