Social Security disability requirements are already stringent, but the Trump administration has proposed rule changes that some say could force thousands of people to lose their Social Security disability benefits.

Activists worry the publicizing of these proposed new rules to obtain Social Security disability benefits has been lost in a sea of headlines heralding the new decade among myriad other topics the last several weeks. Fortunately, the Social Security Administration announced it has extended the public comment period for the changes by 15 days. The public comment period now ends on Jan. 31, 2020.

According to Forbes, the proposed change would add a new category to the qualification list and would require recipients to complete continuing disability reviews more often. A periodic review ensures the recipient is still eligible for continued Social Security disability benefits in order for the recipient to continue receiving disability income.

Changes Proposed in Social Security Disability Requirements

Under current law, Social Security determines an applicant fits in one of three categories before receiving disability benefits. The recipient falls into one of the following:

• Medical improvement not expected
• Medical improvement expected
• Medical improvement possible

The Trump administration wants to add a fourth category of “medical improvement likely.”

Among the nearly 4.4 million people who could be affected by the addition of the new category are children and people who are known within the Social Security system as Step 5 beneficiaries, who are people between the ages of 50 and 65 years old who have poor health and no other income.

According to The Philadelphia Inquirer, people often struggle for years to obtain benefits even though they meet Social Security disability requirements. The cases require proving and reproving their physical or mental challenges over and over again.

Even though each recipient must undergo a periodic disability review, the timeline is different depending on the illness. Right now, a person with a designation of “medical improvement not expected” must undergo a review every five to seven years. Those in the “medical improvement possible” category must undergo a disability review every three years.

The proposed new category of “medical improvement likely” would require a disability review every two years. Children would need reviews at ages 6 and 12.

The Philadelphia Inquirer spoke with U.S. Sen. Bob Casey (D., Pa.), who said, “I have serious concerns about this proposed rule. [It] appears to be yet another attempt by the Trump administration to make it more difficult for people with disabilities to receive benefits.”

U.S. Rep. Brendan Boyle (D) told The Philadelphia Inquirer, “These changes seem arbitrary, concocted with no evidence or data to justify such consequential modifications.”

Congressional Democrats sent a letter to Social Security Administration Commissioner Andrew Saul, requesting the comment period be extended an additional 45 days to end on March 16, 2020. One reason the letter is requesting the extension is to allow time for a complete evaluation of how the proposed rule would affect beneficiaries.

According to the Nashville Tennessean, the proposed modifications would add administrative costs of $1.6 billion because of the increased number of continuing disability reviews, but would save $2.8 billion in benefits as beneficiaries have their disability pay ended. Advocates question the projected savings.

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This article is not legal advice. It is presented
for informational purposes only.