You Can Help Shape Our Disability Policy
Reading Time: 2 MinutesLast Updated: November 2, 2015
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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Tags: Disability, social security, Social Security benefits, SSA
See CommentsAbout the Author
Gina Clemons, Associate Commissioner, Office of Disability Policy
Gina Clemons, Associate Commissioner, Office of Disability Policy
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just s.
When AIDS was a new problem, lots of people who had it were placed on disability. Probably appropriate, since it was fatal in a short time and very debilitating. But now its not. New treatments mean AIDS patients are living long reasonably healthy lives, having children, etc. They could work, and should be reevaluated and some taken off disability.
Tom M.
And the biggest part of social security, retirement, should only last for so long because people used to die an earlier death. And now modern medicine saves all those lives and lets them continue to collect? You sound like someone looking for excuses to be mean and penny wise and pound foolish.
TEE M.
PEOPLE THAT ARE SICK WITH NOT ONE BUT SEVERAL ILLNESS SHOULD BE ON THIS INSURANCE PROGRAM FROM THE U.S. GOVERNMENT.
Tom M.
They have to apply, have worked enough to qualify, and not worked for cities or states that have opted out of SS, or worked for the railroads, which have a separate system.
MJean
Bloated Wasteful Corrupt Crony Government filled with Abuses DISABLES the American Economy!
Please help fix that!!
Tom M.
That is not the issue. You need to return again to your meds, so you, we hope, can continue to work and pay into the system. But you live in a dangerous fantasy world if you believe even half of that.
John
Social Security was suppose to be a locked box program. All the money you and your employer (you alone if your were self-employed) does not and never has belonged to the government. Disability Insurance should not be part of Social Security. Retirement and Disability Insurance are not the same thing and our retirement funds should not be used for anything but retirement. We taxpayers have been milked enough for government programs where billions of dollars seem to disappear into thin air year after year with no one ever being held accountable. Our retirement money, not the government’s, has been raided by politicians and greedy agencies with no intention of ever paying it back or allowing it to earn interest. I cringe every time I hear a politician say they want to fix the system that they are guilty of pilfering for every pork project that keeps them in office. Nineteen trillion in debt and growing every second of the day. Who will pay us back?
Tom M.
From the beginning, SS was not allowed to invest funds in regular companies like through stock. Too afraid of the government dominating the stock market. So any excess funds could only be invested in government bonds. They do pay interest and this was the solution for the expected bump in retirees from the Baby Boom. Currently the SS taxes are apportioned out among retirement pensions and disability pensions. And there is no challenge to retirement funds for 20 years, but much closer on disability funds. SSI is actually federalized welfare, only paid out by Social Security as the one service with the ability to pay out such large number of checks. And more approrpriate than the Army the other really big part of government, that also pays out huge sums. SSI is funded each year from the general fund, and is unrelated to social security either disability insurance or retirement insurance.
AJT
Pointless post, get real. Good government PR by posting this for ordinary citizens and for holding a “forum,” but who’s anybody kidding. I may be old and disabled, but I’m definitely not naive and stupid.
There is so much money being poured into lobbying to prevent any substantive changes, this is nothing more than a dog and pony show. The people responding here and/or attending that forum thinking anybody is truly listening are completely wasting their energy and their time. Period.
Tom M.
At least if they read some of my posts, they will know more about Social Security than they do now.
Remember too, if you support most of the more popular, and especially Republican candidates, and you are now possibly in need of any of this, or conceivably be in need, you are only cutting your own throat.
Joan M.
Too many on the system that don’t belong there. I live in a subsidized apt. building and we have young men and women in their 30’s who collect SSI . One went and applied for a job and was hired. Worked one day when he found out his benefits would be cut, he quit. Still goes out and buys his weed and cigarettes and they do work on a cash basis so they don’t have to report it. We have one woman that says she has emotional problems and needs a ‘service’ dog. Her dog is a support dog but she bought some of that fake stuff you see every where and gets that dog into places it shouldn’t be. Emotional problems, why are they allowed to have guns in their apt. Our system needs to be revamped….completely!
AJT
Silly and ignorant post. There will always be people trying to cheat a government system. The richest people in the country try to cheat on their taxes, and every year are in cahoots with politicians to *legally* receive billions of dollars in local, state and federal subsidies and additional corporate welfare, all on the public’s dime. This fact hurts the very people you’re describing the most.
So why don’t you make better use of your time and attack them instead.
Tom M.
You also highlighted why we should not allow employers to pay under the table. If they are audited, they should have checks for every reported payroll expense. And if you hire contract labor, you should require an employer number, and they should have on file, their records showing Health insurance, SS taxes, and income taxes withholding showing. Otherwise you need to do such. Of course that is the vision of the ACA, which is only partly implemented.
DE F.
As an old cancer doc, I have taken care of lots of patients whose diagnosis/extent of disease meant that they were unable to work at the present time and very likely for the remainder of their lives. In all the years I practiced, I don’t recall a single case where, if I submitted records relating to the patient’s disability, the reason for it and the absence of any likelihood that they would ever be able to return to work, their application for disability payment would be denied. For patients not yet eligible for medicare, I wanted to help them establish the start of their 2 year window of disability so that they could become beneficiaries of medicare. So many patients are living paycheck to paycheck when the are healthy, and they simply have no savings to help cover their expenses. Finally, there is a subset of patients who might be able to work, but their employer doesn’t want them back because of their diagnosis. I know that there should be no discrimination in situations like that, but employers seem to be able to find ways around that policy.
AJT
Cancer is a totally different animal, Doc. I can appreciate your anecdotal experience, but in the real world, it’s simply not true. There are thousands of other legitimate long-term permanent disabilities out there for which denials are far too routine.
As far as your comment regarding employers is concerned, that will never change. You seem like a smart guy, you know that. Money comes before their people. Always. Whether they’re working for their shareholders, or simply working for themselves. It’s been happening since the dawn of time, and no law, rule or regulation, with it’s federal or state or local, will ever change it.
DE F.
As an old cancer doc, I have taken care of lots of patients whose diagnosis/extent of disease meant that they were unable to work at the oresent time and very likely for the remainder of their lives. In all the years I practiced, I don’t recall a single case where, if I submitted records relating to the patient’s disability, the reason for it and the absence of any likelihood that they would ever be able to return to work, their application for disability payment would be denied. For patients not yet eligible for medicare, I wanted to help them establish the start of their 2 year window of disability so that they could become beneficiaries of medicare. So many patients are living paycheck to paycheck when the are healthy, and they simply have no savings to help cover their expenses. Finally there is a subset of patients who might be able to work, but their employer doesn’t want them back because of their diagnosis. I know that there should be no discrimination in situations like that, but employers seem to be able to find ways around that policy.
Nick
Anyone actually read the proposal and understand the subject that you are commenting on?
Here is what social security is asking for comments on:
1. Is the factor of age predictive in determining an individual’s ability to work or to adjust to other work? If it is predictive, what are the vocationally significant age milestones we should consider? If it is not predictive, what data support that assertion?
2. When determining if age affects an individual’s ability to work or to adjust to other work, what other factors or combination of factors should we consider?
3. Does an individual’s educational level affect an individual’s ability to do work or to adjust to other work? If so, how? What data support the conclusion that an individual’s educational level does or does not affect an individual’s ability to do work or to adjust to other work? How does literacy affect an individual’s ability to do work or adjust to other work?
4. Does the skill level of an individual’s past work affect his or her ability to adjust to other work? If so, how? What data support the conclusion that the skill level of an individual’s past work does or does not affect an individual’s ability to do work or to adjust to other work? How does the skill level of an individual’s past work considered along with an individual’s educational level affect this adjustment?
5. Are there other vocational factors or combinations of vocational factors that we should consider when determining an individual’s ability to do work or to adjust to other work?
Alex E.
1. They are attempting to make it more difficult to receive disability benefits due to age in conjuncture with medical impairments by finding age wouldn’t preclude alternative work, only past work.
2. They are attempting to determine what other factors should be considered along with age. The current additional factors are education, work history, and exertional limitation.
3. They are trying to ignore education’s impact on the ability to accomplish simple work.
4. They are trying to address the vague nature of transferability of skills from past work to alternative work..I.e. if you did past work as a administrative assistant, maybe you could have a leg up working in a call center.
5. Frankly, this one just seems to be an attempt to get around the Dictionary of Occupational Titles, a publication released by the department of labor back in the early 90s and hasn’t been updated since.
cynthia o.
If this question is appropriate for your blog…..are there any changes coming to the way-outdated WEP? i lost half of my $800 soc. sec. because of the WEP. i could really use the other $400 that i don’t receive because of it.
thank you
cindy oeser
was in Califronia when i retired, now live in Reno, NV
R.F.
Hi Cynthia. The Windfall Elimination Provision or WEP is still in effect. Your Social Security benefit can be reduced based on one of two provisions: The Government Pension Offset and the Windfall Elimination Provision if you receive a pension based on work that is not covered by Social Security (for example, Federal civil service and some State or local government agencies, such as police officers and some teachers).