Feds Mull Key SSDI Changes

Proposed changes would end the over-50 presumption and expand the Step Five (can the applicant do any other work) inquiry.

“The Trump administration does not think that simply being 50 years old is a disability,” said a senior administration official who would speak only on condition of anonymity. In the 1970s, when the current rules were written, the official said, many more jobs involved manual labor.

But in the internet age that isn’t true anymore. Workers in their 50s with physical injuries are thus receiving disability benefits “when they don’t need to be,” given that they could get a more sedentary job in the modern economy.

The regulation that would undo this framework is slated to be formally proposed by December, according to a federal bulletin, although that deadline could push into next year, multiple officials said. The draft still needs to be reviewed and edited by the White House’s Office of Management and Budget. After that, it will undergo the standard process of allowing the public to submit comments and objections.

Social Security officials under both Republican and Democratic administrations have long agreed that the disability program needs to be modernized in some practical ways. So, these proposed changes may have bipartisan support.

The Over-50 “Presumption”

Usually, it’s easier for a Tampa Social Security Disability lawyer to obtain medical and cash benefits for applicants over 50.

Part of this informal presumption relates to the aphorism that old dogs cannot learn new tricks. Indeed, people over fifty face significant obstacles in the job market, mostly because of their age. Many employers believe that people over 50 will have medical problems that reduce their work productivity. If the person is in line for Social Security Disability benefits, that confirms this prejudice in their minds.

Additionally, people over 50 who’ve worked blue collar jobs for most of their lives (miner, factory worker, etc.) don’t have the education or skills for less physically stressful white-collar jobs (insurance clerk, paralegal, etc.).

The over-50 presumption has a financial dimension as well. People over 50 denied disability benefits often retire early, straining the Social Security Income system.

The end of the over-50 presumption would not be the end of the world. As mentioned, this presumption is only informal. So, a Tampa Social Security Disability lawyer must simply work harder and collect more evidence.

Alternative Work Options

Residual Functional Capacity (RFC), age, and experience may be the most important Step Five factors. Applicants who can do any other kind of work are ineligible for disability benefits.

Typically, the same doctor who assesses the applicant’s disability also determines that individual’s RFC. Since the SSD system has expanded so much in recent years, the Social Security Administration increasingly relies on contract physicians who may have little experience in a certain disability determination area.

So, a Tampa Social Security Disability lawyer often partners with an independent doctor who performs an independent assessment.

As mentioned in the above story, the internet age has made many more jobs available to older and less experienced workers who have difficulty finding traditional nine-to-five jobs. These new positions include web designer, content writer, and customer service representative. Many of these positions are self-taught and require little prior experience. Gig worker positions, such as Uber or Doordash driver, may also be available.

However, there’s a difference between a theoretical web designed position and an actual one. Ben might be able to do web design, but in the current economy, he may be unable to find work. Similarly, gig worker positions are often unavailable or do not pay enough to live on.

Count on a Dedicated Hillsborough County Lawyer 

Injury victims are entitled to important financial benefits. For a confidential consultation with an experienced Social Security Disability lawyer in Tampa, contact Kobal Law. We routinely handle matters throughout the Sunshine State.

Source:

propublica.org/article/social-security-disability-eligibility-trump-red-states