Disability

You Can Help Shape Our Disability Policy

November 2, 2015 • By

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Last Updated: November 2, 2015

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Social Security needs your help. We are asking for responses to an Advanced Notice of Proposed Rulemaking on how we should modernize our vocational rules, which we first published in 1978. These are the rules our disability decision makers use to decide whether an adult with a severe disabling condition can do any job in the national economy.

The Social Security Act sets out a strict definition of disability. Our agency pays benefits to eligible people who can’t work because of a disabling mental or physical condition expected to last at least one year or result in death. This medical condition must prevent the person from doing not only their previous work, but any other substantial work.

On Friday, November 20 in Washington DC, Social Security will host a National Disability Forum. The meeting will focus on the realities of employment for individuals with severe disabling conditions, especially for those who are older, have low skills, or low education levels. The purpose is to gather insight on circumstances such as age, education, and work experience, helping us understand the effect these may have on an individual’s ability to work and to adjust to other work. The National Disability Forum looks to consider how these vocational factors can and should inform our evaluation of an applicant’s ability to work consistent with the Social Security Act’s definition of disability.

Paul N. Van de Water will moderate a panel of experts from varying perspectives on these topics. Following the panel presentation, we encourage comments and discussion from all attendees. Your involvement is of the utmost importance in helping us further enhance our disability determination process.

Comments presented during the forum, panel, and open discussion period will be included in the public record for the Advanced Notice of Proposed Rule-making, which is available in the Federal Register. To review and provide written comments, go to www.regulations.gov and enter SSA-2014-0081-0001 in the search box. Comments will be accepted until December 14.

If you plan to attend the forum, either in person or by phone, please register by Monday, November 16, 2015. For more information about the National Disability Forum series, please visit www.socialsecurity.gov/ndf.

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About the Author

Gina Clemons, Associate Commissioner, Office of Disability Policy

Gina Clemons, Associate Commissioner, Office of Disability Policy

Comments

  1. helen w.

    A man in our neighborhood has been on disability after only working 2 yrs in this country. He recently put a roof on his garage. He may have been injured a while ago but seems fine now. How can he be considered disabled?

    • James R.

      Those illegals know how to milk a cow even, if the cow has no milk.

    • Alex E.

      SSDI or SSI? or Private disability?

      SSI does not require you to have worked any length of time, only be disabled (unable to earn substantial gainful activity) for 12 months or more, have insignificant assets (less that $2,000 in bank, $3,000 if married). Also one car and home don’t count.

      If he has recovered his benefits will end, which is good. SSI pays ~$710 a month and you can earn far more than that pretty easily.

  2. Yoo I.

    To Dear Social Security.
    I request 1 Card by the SS Office, if SSO
    interesting.
    *…It card is “world senior life enjoy expence free Monthly benefit” = world senior can not buy any of animal relates
    food from any of market at all. also senior can whithdraw money from ATM.
    *…world senior about 700 million and
    approxmately 2% up every year. all 700 million world senior can receive free money every month, every country money valew is different, and actual money valew also different than calculation. Base is $ 1,500./Mo US, Europa may lit bit more,
    about China 3,000. Yuan, Latin America 6000~7000 Mexical peso, Mexico 8000~9000 Mexican peso etc etc.
    (*)…if World 700 million senior equaly
    Receive life enjoy expence, then this invention WO.2013.008050 is effect.
    (*)…Please reply with contact e-mail address. I will send more detail purpose and attachment.

    Sincerely.
    Confidential (under construction)

    Co.,Smile/Yoo I Lee

  3. Debbie

    I have to say they already make it very difficult for us to get on disability. I worked 2 jobs all my life, since I was 16 yrs old, worked very hard & would love to work again. I pushed myself so hard while I was sick until I could no longer get out of bed. Then I had to wait & fight for 2 yrs to get approved plus fight my insurance company to pay my ltd benefits which I lost most of (and I paid into that all the time I was working just in case something happened). I don’t get enough to live on alone, I must depend on family. I’m on so many medication its sickening to even think about. I’m in so much pain I just cry every day. I cry because I’m sick, I cry because I want to work & make more money, I cry because I have to depend on my family, I cry because I just lost my brother & nephew both at young ages. All I have left is 2 sisters & a mother who I am supposed to be taking care of. Now 1 sis is in the ICU very sick herself. So no everyone on disability is taking advantage of the system. And they make it so hard to just do anything that needs to be done like getting refills on my meds. I have to go to the doctrs office, then to the pharmacy to get it. I just can’t call or mail it in. Little things like this are a BIG struggle for me. I can’t cook for myself any more. I can’t take care of anything. If I take a shower that’s all I can do that day. If I feel better for one day I try to do as much as I can only to suffer even more the next week or so. My life is a living hell & I honestly have no life any more. No friends, lack of family life. Can’t attend any functions. It hurts me to put clothing on. It hurts to even ride in a car. I can’t afford a car. I was lucky enough that an aunt gave me an old car so I can get to the doctor & store when I need to. But my life sucks to say the least. And I get tired of people always saying but u look good. So what, I feel like crap. Don’t judge people unless you have walked in their shoes!!! Enough said!!

  4. Ken

    As do all other government programs, SSI has three constituencies: recipients, administrators, and taxpayers. Recipients can be counted on to support its expansion, as can the administrators who also live off it.

    But support from taxpayers depends on their perception that the program benefits society (i.e, takes care of the truly needy) more than it costs themselves. And this is far from obvious to today’s taxpayers – who see few efforts made to control blatant abuses as outlays grow yearly.

    I believe an organizational focus on promoting “managers” who successfully control abuse is the key to taxpayer support – the likely alternative is the budget chopping block with a return to state and local charities.

    • Tom M.

      Unfortunately government programs are often constrained from really advertising to tell their story. In the Netherlands, there are public service announcements and even educational TV programs that get the word, the truth, out. I happened to meet a man who had just retired from the Dutch army. His job for 20 years was to toot his flute as the Queen rode in review of troop every morning. The last person who one would expect to know anything about rehabilitation. He explained that the workshops were for the people to lead complete lives and truly to become members of the wider community — one of the best definitions I ever heard in 40 years.

  5. clg

    It is the instant penalty for working that keeps people quaking and afraid to attempt work.

    A year or two after I was forced on LTD by my employer (who refused to accommodate my disability by letting me telecommute a couple of days a week) I expressed the wish, in my annual SSA questionnaire, to get back to work. Instead of trying to figure out what kind of work I might do, or urging my former employer to rehire me part time or telecommute, the SS administration simply stated that they decided I wasn’t disabled, and that they would not send me my next check, and take me off Medicare.

    People I know who do try to do the right thing and work part time, if their annual income accidentally rises above the $710 dollars a month allowed (as often happens in part time jobs with need-based schedules) they will be kicked off SS immediately, need to shell out for a lawyer to get back on. I know someone who was evicted after just such an attempt to use the Ticket to Work.

    The fact is quite a few people with disabilities can get better, and could work 10-30 hours but the system is all or nothing. When I was young I got laid off from a job, and was eligible for Unemployment Insurance. I temped three days a week, which I reported, and set two days aside for job interviews. This allowed me to make ends meet until I obtained a permanent job, in the three months.

    I wish the disability system would allow a similar arrangement. It would help people get back to work and de-stigmatize disability.

    • Collyn

      I agree, it shouldn’t be all or nothing.

    • Tom M.

      Your figures are outdated. It is now $1090 per month you are allowed to earn. Yes it is still all or nothing but you can register with your state Vocational Rehabilitation, who will issue a ticket to work, which allows to to earn unlimited for up to 9 months (doesn’t need to be consecutive) in an attempt to return to work full time. Also your state VR should help you, or your state Civil Rights division should help you file an ADA suit where the employer has to show how allowing you to telecommute would not allow you to substantially do your job, or how you could not be transferred to a similar job that you could do. The burden of proof is shifted to him, and is not on you. The ADA has been around since 1992.

    • R.F.

      Thank you for your comment. Social Security strongly supports those individuals who want to return to the work force and feel productive while supplementing their disability benefit income. We have Work Incentives that allow people to work and still receive their benefits. See our publication: Working While Disabled – How We Can Help for more information.

  6. Marylou S.

    I feel all on SSD need drug test. I feel some on SSD should not be. I feel 800 a month which I am blessed to receive is low compared to NO way to get out of apt to retrieve my food, home supplies and such. I took care of a person w/diabeties my soul mate of 20 yrs and being not married ,,there kids took car, my meds !! and all I needed to help myself move .I struggled and made it .I believe common law marriage should of been the law since we marry Gays now .and I am the looser again.
    I believe the transportation REALLY need looked into as Troy Oh has funding but will not re-issue the card for my big 2 trips .I am not allowed more than I can carry home ? and other need ride I need doctor care. I feel legalizing POT is the biggest mistake this country has ever done. (just get needle park somewhere and all addicts met there ..This is a choice not a disease ..don’t care what anyone says ..I made bad choices to ..and I got over it ..SO Get over it .
    I believe in a tough love country . I believe there is way too many chiefs and not enough Indians
    I also believe they need to leave Obama there and finish the job NO ONE will let him
    I believe in God . And we are loosing touch with our awesome God and this is not a good thought .
    I believe in a compassionate Government and they are loosing the touch ..and thinking more of there selves and nothing should be taken for granted .All a can be gone in a NYM
    I believe Mental Health is never going to get a fair shake as long as we let society ,news people talk about things they know nothing about,, there will be more suicide as they are too scared to get help for fear of being ”that nut case “” we are labeled and are not .
    I believe less is more .. and it’s too overwhelming to convince me you can drink, drive ,talk on phone, and blast your tv, radio in a car w/children pets in there and you are focused on driving?? No YOUR not..
    Phones should be against the law PERIOD in a car.
    You need to look more into Education and Environment ,,then where are you going to deploy the next ”DROOM ” Please
    My parents would be shaking in the world today. Leave Obama alone , if all are hopes are for like candidates like Trump ..He is the biggest adult bully there is and I thought we were trying to keep our kids from those .
    I am so srry Jesus for setting in Judgment of ideas your asking me ..AND you should already know

  7. Norman P.

    Any disability program needs to provide for some type of work contribution. 2 Thessalonians Chapter 3 verse 10. Please do not continue to undermine the dignity and self worth of people struggling with a disabling condition by not helping them to earn a living.

    • Marylou S.

      AMEN

  8. Trina D.

    I have a hearing disability and it takes a lot of extra work but when the court refused to make their office hearing impaired I was totally loss in my defense to do a proper defense because I could not hear what the other people were saying. Now in my own environment I pretty much can control things to insure I hear the majority I have developed coping skills. Outside of my environment I do not have the controls and have long been in deniable but the ugly reaction of a judge and I want a new reality and I am tried plus the added weight, neck and knee injury I have lost faith and having depression issues. At 57 I am just tired of doing taxes and seeing reality 36 years is enough.

    • Tom M.

      That is why on appeal, you can now hire a lawyer to represent you. Then you will have compensatory skills on his part to help you.

  9. John

    I am 77, worked since I was 15 paid into the system and devrloped parkinsons 8 years ago. Cannot work mentally and physically. It is not fixable. Living on ssi just barely. I should qualify for disability?? What to do?

    • Nick

      You should qualify for old age social security.

      • Tom M.

        SSI should have converted, as SSD does to retirement SS at age 65. But if the earnings would lead to under SSI levels of payment, he can also qualify for SSI along with retirement. I recently had a Hispanic man who worked for cash in a gym, so his earnings were [illegally] never reported so he did not have a work record with Social Security so received SSI.

    • Johnny

      You should be receiving social security retirement by now. They don’t give disability money to people that are past the full retirement age.

      • JohnnyG

        True! Once you reach “retirement age”, you no longer can collect–or qualify for–adult Social Security Disability benefits–or: adult SSI disability benefits. Instead, the benefits “convert” into retirement benefits, or “old age” benefits; or, in some cases, “survivors benefits”, or in some cases, you receive benefits based on your spouse’s benefits.
        ____________
        Hence, “OASDI” –Old Age, Survivors, and Disability Insurance.
        __________
        Put simply, you cannot collect BOTH SS disability AND retirement.

  10. Faith

    Those of you who think you know what’s going on with people you don’t know shouldn’t make assumptions about other people disability situations. Some people may appear to be healthy even though they’re not. No one can base anyone’s situation on what he or she believes they see.Mental disabilities to hidden physical disabilities such as HIV; Aids, cancer, lupus, fibromyalgia and so on; are all diseases that can be very debilitating. Another fact that many of you are forgetting is that, if someone is collecting SSDI, they have to report a work history of at leather 15 years. This means that the money they collect is rightfully theirs because that’s the only way to build up SSDI funds. They have paid their dues, so when or if any of these working people should ever become disabled, they are still supporting themselves because it is their money that they are receiving. So to the people who believe that your taxes are supporting someone else when it comes to getting SSDI, you’re wrong. And even if that were true, if any of you become disabled and need financial help, other people’s taxes would be supporting you as well. Lol! People always have so much to say until a terrible situation hits very close to home. It’s bad enough that when someone becomes disabled, they gotta be on their death bed or jump through hoops to get what is theirs in the first place. I say, if SS is gonna change anything, it should be to make things easier than they are now, not harder.

    • Tom M.

      Correction: They need to work 10 years, 40 quarters, to collect either disability or retirement, not 15 years. If the disablement happened before 30 the time is prorated, so at 29 only 9 years, etc. It is considered that many people either miss work or do not start work until age 20. The exception is that a person born with a disability can collect on his father’s account after his father’s death, as survivor’s insurance, also part of Social Security. It employs the fiction of Adult-child. But these are all attempts at fairness for unusual circumstances.

      • JohnnyG

        Thank you for the clarification!

Comments are closed.