Legal, Political, Ethical Dimns

Of
Business

Assignment
For
Week - 2

Questions:
1. State the administrative agency, which controls the regulation. Explain why this agency and your proposed regulation interest you (briefly). Will this proposed regulation affect you or the business in which you are working? If so, how? The administrative agency that I could like to talk through this assignment that control the regulations is related with “The Social Security Administration” 1 (Library), and the proposed regulations is connected with “Amendments to Regulations Regarding Withdrawal of Applications and Voluntary Suspension of Benefits”. 2 (Jr.)I decided to talk about this administrative agency because as most of us deal with it and some way or the other someone in our family will be affected by the proposed rules. The true is that this rule does not have too much relationship with my current job. My area of focus will be related how this rules could have affected my family or myself few years ago. Taking this in consideration I would like to mention that this rule is an old rules, that had take action few years ago and also it’s so interesting to know how can people had a limit period of applying and taking their right away.

2. Describe the proposal/change. (10 points) According to this proposed regulations they are limiting the time for the withdrawal of old age benefits applications. This rule allows only one withdrawal for lifetime and also limits the voluntary suspension of their benefits. Making those changes they say that the current policies could be avoid the misuse of them.
3. Write the public comment, which you would submit to this proposal. If the proposed regulation deadline has already passed, write the comment you would have submitted. Explain briefly what you wish to accomplish with your comment. (10 points) My comment is that I’m not happy with this proposed rule because my dad will be an good candidate to retire in two year because he is 63 year old now and he have been working for the same company for more than 8 years. My dad is one of those men that he likes his job. So I had a few opportunities to ask him if he will like to retire in two year and his answer have never change. He always say that He will like to keep working until his 70 years old because He have to take care of my mom and be a good provide for her as long his good health will allow him to keep working. This idea is because it will help him to increase his retire benefits. So taking in consideration this proposed rule mean that he has to apply for the benefits with 12-month period after he reties which make him out of money when he actually is in need of it. If the Social Security Administration thinks that are they proposing this rule to not make it misuse or abuse they should find out what percentage of people are suffering from it because old age people don’t have any one to take care of them.
I wish to have them reconsider this new rule because it isn’t according with the needs/wants of the old age people like my dad and many other around USA that will retire in few years from now.

4. Provide the "deadline" by which the public comment must be made. (If the date has already passed, please provide when the deadline was). (5 points). The Deadline for this rule happed few years ago, and it expired on 02/07/2011. But also based on a Federal Documents that I found online said that it was register on 12/8/2010. 3 (J. Dudley Butler & am]).

5. a) Once you have submitted your comment, what will you are legally entitled to do later in the promulgation process (if you should choose to do so)? Social Security Administration follows the Administrative Procedure Act rulemaking procedure when developing the rules. They provide the public to comment before issuing rule. There will be a deadline for the public to enter their comments. But we know based on the information that I shared before that this deadline is already expired. After this the proposed rule was submitted in the federal register for additional comment, which it had 30 day comment period. The public who made comments years ago when the rule was proposed had the opportunity to challenge the rule in courts and I believe that they could only had this done challenging a rule using one or few of the five Legal Theories.

b) If the proposal passes, identify and explain the five legal theories you could use in an attempt to have the regulation declared invalid and overturned in court. I did some online research about this rule and I believe that this proposal does not passed. Anyway I would like to take in consideration some idea that maybe will help us to understand this assignment much better. One of the legal theories that could happed or maybe supported this proposed should be related with the arbitrary or in violation to some other law which they could challenge a rule. This requires was that the agency should show the proof that supports the proposed rule. Another one is that agency could be changing with unsupported substantial evidence. Keep in mind that this proposed happed few year ago and it maybe was challenging the agency if there do not follow the Administrative procedure Act by bringing it to the notice of the public prior to its rule making and taking the comments for certain amount of time
c) Which of these challenges would be the best way to challenge the regulation you selected for this assignment if you wanted to have the regulation overturned and why? I believe that one of the best ways to make a challenge for this rule would be the second idea that I explain in the paragraph before where the agency had to provide the substantial proof or evidenced and it’s unsupported by the evidence. Among all the five legal theories this is the one of them that I believe that maybe could challenged the rule three year ago when the proposed was created and the end of 2010 and begging of 2011.

Reference:
1- (Library)United States Government Information Online, Last Updated: Apr 25, http://libraryguides.law.pace.edu/content.php?pid=42021&sid=338818
2- (Jr.) Social Insurance Specialist, Social Security Administration, Office of Income Security, Programs, 6401 Security Boulevard, Baltimore, MD 21235-6401. Phone: 410 965-7610 http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201004&RIN=0960-AH07
3- (J. Dudley Butler & am]) J. Dudley Butler, Administrator, Grain Inspection, Packers and Stockyards Administration. [FR Doc. 2010-30712 Filed 12-7-10; 8:45 am]. http://www.gpo.gov/fdsys/pkg/FR-2010-12-08/xml/FR-2010-12-08.xml