Trump Administration Proposal Would Change Way Continuing Disability Reviews Occur
Mar 24, 2020
Tampa, FL (Law Firm Newswire) March 24, 2020 – A November 2019 Trump administration proposal would change the way continuing disability reviews occur for thousands of Social Security disability recipients.
The Social Security Administration (SSA) dispenses disability benefits in two main ways. The SSA provides Social Security Disability Insurance (SSDI) to individuals according to their prior Social Security tax contributions and work history. The SSA provides Supplemental Security Income (SSI) to individuals according to their disability status and inability to work. About 8.5 million Americans receive SSDI, while 8 million receive SSI.
The SSA conducts continuing disability reviews to determine whether a recipient still has a disabling condition and to determine the kind of disability. Disability is divided into three medical categories:
Medical improvement expected: The SSA reviews this condition every six to 18 months. It includes things like bone fractures and kidney disease.
Medical improvement possible: The SSA reviews this condition every three years. It includes non-permanent impairments like schizophrenia and epilepsy.
Medical improvement not expected: The SSA reviews this condition every five to seven years. It includes conditions like ALS and Parkinson’s disease.
The proposed administration change would add medical improvement likely as a fourth category. The SSA would review the condition every two years. A document accompanying the rule change gave an explanation of the need for the change. The document cites two patterns observed by the administration — (1) the premature reevaluation of an individual in the medical improvement expected category after six to 18 months, before a medical improvement has the opportunity to succeed, and (2) the successful treatment of an individual in the medical improvement possible category before the end of three years.
The proposal does not change the eligibility criteria for benefits; it only changes the number and frequency of reviews. The standard for determining eligibility remains the same.
Critics, including Sen. Bob Casey (D-Pa), characterize the proposal as another attempt by the Trump administration to make it harder for people with disabilities to get benefits. Opponents of the change claim the extra burden of the proposed change will result in recipients losing their benefits because of the difficulties of complying more frequently with the review process.
Learn more at http://www.floridasocialsecurity.com/
David W. Magann, P.A.
Main Office:
156 W. Robertson St.
Brandon, FL 33511
Call: (813) 657-9175
Tampa Office:
4012 Gunn Highway #165
Tampa, Florida 33618
View Larger Map
- Be Aware of How You Could Lose Your Social Security Benefits
1.Cessation of Disability: Usually a “cessation of benefits” occurs when you are not seeking regular and continuing treatment for the medical problems in the original determination for the grant of benefits. Also, if you are able to make enough money to pass above a certain threshold earnings amount, then you’ll stop getting disability benefits. For […] - NEW IMPAIRMENT LISTING IN FULL EFFECT & APPLICABLE TO ALL ADMINISTRATIVE PROCEEDINGS IMMEDIATELY
NEW MENTAL LISTINGS Effective: January 17, 2017 After a revision of the Diagnostic and Statistical Manual (DSM), and thousands of public comments later, the Social Security Administration (SSA) has published significant revisions to its mental impairment listings. SSA had issued a Notice of Proposed Rule Making in August 2010, proposing what at the time appeared to be […] - SSA is Heading For Delays Again After Recent Cutbacks & Years of Improvement
Service Cuts, Computer Problems Cloud Social Security’s 79th Birthday: The Social Security Administration should have reason to celebrate. After all, August 14, 2014, marked the 79th anniversary of the day when President Franklin Roosevelt signed the Social Security Act, which ushered in the landmark entitlement program. However, the agency’s birthday was a less than cheerful […] - SSA is Ramping Up Disability Reviews in 2014
The Social Security Disability Benefits Reform Act of 1984 (“DBRA 1984”) was passed by a unanimous, bipartisan vote in the House and Senate (99-0) in September 1984. President Reagan signed the law on October 9, 1984, when it became Pub. L. No. 98-460. One of the main provisions required “medical improvement” before benefits could be terminated where […] - Never Allow A Non-Attorney to Represent You At Your Social Security Hearing!
You should NOT have a non-attorney clerk at your hearing? This seems obvious, but several Florida law firms and any company identifying themselves as “Experts”, some who are advertising on TV, are sending non-attorney clerks to Social Security Hearings simply because its cheaper for them to do so rather than have an actual attorney appear. How in […]
