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
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Gina Clemons, Associate Commissioner, Office of Disability Policy
Gina Clemons, Associate Commissioner, Office of Disability Policy
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Tom M.
I would like to see more sheltered employment opportunities. It needs to be linked in with community employment opportunities, but they can provide an opportunity to those who have too much difficulty getting or holding jobs in the community. We might take a lesson from the Netherlands, which requires employers with 25 or more workers to hire 4% disabled. They also reserve civil service positions such as library stacker and sports field maintenance jobs. In Eastern Europe, they reserve the entire shoe industry for the disabled. By reserving an entire industry there are a wide variety of jobs at all kinds of levels.
We need to fully implement the ACA so we don’t have many people uncovered for medical insurance. And we need to make sure that auto and workmens comp insurance companies don’t pawn their patients off on Social Security, but they actually care for them.
J. T.
Virtually every comment says NO WORK, NO SSI disability. They are all correct. This is NOT A WELFARE PROGRAM. It is an INSURANCE PROGRAM which you pay premiums into BY WORKING!!! Keep it that way.
JohnnyG
Actually, SSDI (Social Security Disability Insurance) is an insurance program.
Technically, SSI (Supplemental Security Income) is a “federal welfare program”.
JohnnyG
And, in limited cases, one can qualify for BOTH SSDI and SSI (and thus receive SSDI-linked Medicare AND SSI-link Medicaid–such “dual insurance” eligibility/coverage is know as: “Medi-Medi”.
However, statistically, this is rare–and one’s benefits would be low (since the amount of SSDI benefits would offset the SSI benefits SIGNIFICANTLY; so the SSI payment would be very low, and the total benefits received would be quite low. This would be for people with a very low-pay work history, with an onset date/protective filing date that just made it in time to qualify for SSDI, yet low-enough pay to not be limited to SSDI only.
jjd
Instead of bashing people that do receive disability, I think some of the rules should be revisited by ss on their own part. There have been many times I have known people who qualify and get turned down, while others have milked the system and get disability handed to them while that persons case never gets revisited. I myself have my own dealings with social security and at the moment, I can’t say I’m impressed. This is a program I have put into, as well as my husband has put into and we have had no say. While working, we have no option to pay in, it’s automatically taken out. My husband still works and I have run into my own health problems that have prevented me from doing what I have done in the past. Under a guideline as stated above in their own statement, I qualify for disability, but I am told no, as well as I have a special needs child to take care of. My husbands sister has never worked a day in her life. She has pumped out three kids, all of which she has lost. She has SSI and will receive it indefinitely. What would I do if I actually had a check? Ensure that my family is taken care of, weather I am working or not. Government gives her a check and not a penny of it goes to her kids, but you better believe she is a regular customer at the liquor store. Yeah, this seems fair.
Nori C.
Why? This is the first time I commented
Nori C.
Why?
Nori C.
It is not judgemental when we see so much fraud in every level of the government employment & businesses.
There are people that can do more than 1 job and some do! The “water cooler” meetings in agencies can be cut and an open hiring of people who spend a high % of time doing nothing but socializing can do the resources of needed.
Investigate what whistle blowers are pointing out!! Detectives use this method .
At the same time, cost of living can happen, if we quit giving out all the BONUSES to the administrators in every level of state, city, and federal government that already get enough money to retire on!!
Our VA hospitals need observation, yes we need to get the ‘comfort ,of a government job scrutinized . Evaluate, evaluate, employees in ALL levels! Have the patient talk or rate the job done!! Also, have the survey really looked into !!! With honesty!
Yes, honesty … Not practiced in our country!!!
JohnnyG
True— what about “teleconferencing” to save government funds/travel expenses? Or, would that be too “efficient”??
Alex E.
Last I checked Social Security Administration spends roughly 3% on administrative costs. If anything, SSA should invest more money on addressing the massive backlog of claims, and once the claims backlog is actually reduced transition spending into proper service.
Cost of living wasn’t increased due to the fall in gas prices…a factor which does little to help most disabled.
bettyg
can this nov. 20 meeting be shown on CSPAN; just let us know which cspan will be airing it from what specific time to another?
thanks! we’d really enjoy listening/hearing this as we work here on pc.
thanks for your consideration.
bettyg, iowa BORRELIOSIS/TICK activist,
parkinsons, alzheimer’s/dementia, etc
bettyg
SS…i’m still waiting for you to REPLY to my question above.
i’ve NEVER gotten a reply on the 4-5 questions/statements i’ve made prior; why?
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bettyg, iowa
Roze v.
Please add DSPS (Delayed Sleep Phase Syndrome) to your disability list, if it is not included already. It is the most debilitating condition I can think of, as you cannot hold a regular job. People with DSPS (also called DSPD) cannot sleep at regular times, because they have a delayed biological clock (circadian rhythm). They are constantly sleep-deprived and exhausted, since they cannot fall asleep at required times. When forced to wake up after only a few hours of sleep, they cannot concentrate or function at their jobs, and often it takes all their strength just to stay awake. By any rate it is a far more debilitating condition than many other disorders people currently get disability for, such as bipolar disorder.
Johnny
Do you have bipolar disorder? You want your disability added, but you think you know if your disability is more debilitating than bipolar disorder? Or any other mental disability? If you want your disability added, then ask for it to be added. But try doing it without assuming that it’s worse than a disability that is already on the “Disability list”. You act like bipolar disorder shouldn’t even be on the “list”…get a clue. You have NO IDEA
JohnnyG
A couple of things:
1) Mental health conditions can be extremely disabling. These are very difficult to qualify for. Meeting the FUNCTIONALLY LIMITING REQUIREMENTS for a listing for any mental condition is extremely difficult to prove, including bipolar disorder (affective disorders, adult listing 12.04). One does not simply “meet the listing” for having bipolar disorder. Also, the SSA’s interpretation of “meeting the severity of the listing” is not the same as most people’s. There are many people w/ mental disorders, incl. bipolar disorder, who can work full-time; esp. w/ effective treatment medications. Not all people respond to medical treatments the same way. Also, one can still qualify for DSPS by meeting or equality the severity of a listed impairment; or by qualifying for less than unskilled and/or less than sedentary work on a physical and/or mental RFC (residual functional capacity); or qualify with a medical/vocational exception based on age/education/work experience/other RFC factors.
JB
Disability is an equal opportunity club. Anyone can join at any time. It was 9 long years ago that I was hit by an underinsured driver coming out of a gas station at full speed into rush hour traffic. I have lived in constant pain ever since. As a result of that accident, I have had six surgeries including a cervical spinal fusion. Even with Social Security Disability Benefits, I went from working full time to living at poverty level. The company where I worked fired me at the recommendation of their Workers Comp Insurance Carrier because the carrier did not want a second injury. Prior to the other party at fault injuries I sustained, I lived an active life. Now the pain I live with is intolerable and as much as I have learned to live with it, my life will never be the same. If you take a look at the statistics of Administrative Law Judges who grant disability social security, you will see that it is very difficult to get.
So making it harder to get isn’t going to do much to help people who have paid into the system. It is there for a reason. Without it, I would have been without any income for years. People who are disabled especially on the job deserve disability payments wherever they come from. It is a horrible misconception that SSDI and SSI are easily obtained or excessive. I went from being lower middle class to living at poverty level. If you want to shift the burden from tax payers who fund social security, shift the burden to auto insurance carriers and create minimum auto coverages that go from $20,000/$40,000 to a mandatory $1,000,000. Medical bills are high and living in pain is expensive.
Instead I get Social Security that keeps me wondering how I am going to pay my bills as my income stays the same and the cost of living rises at a rapid pace.
DMR
Pending on one’s situation shouldn’t going to Vocational Rehabilitation and then trying to find a job with the help of one of their connected agencies that hep find appropriate work be considered? Doing so before filing for Social Security does show on record options were being sought before turnig to the goverment.
And, of course, there are those on social security who can work but do have restrictions due to their medical conditions. What of them who can work but not have gainful employment?
Back before the full-time work week was considered 40 hrs, it was explained one was considered disabled if, due to a chronic medical condition, they were prevented from working 8 hours a day, 5 days a week. Whle I realize full-time is now considered 30 hrs. I don’t see how that still shouldn’t apply.
Tom M.
To encourage people to return to work, there are all kinds of means whereby people can work part time while still collecting some SSI. Even some where you can work part time and collect SSD. If you don’t know this, you don’t know about SS. Each program has different incentives, but we cannot starve people to death if they cannot work. And despite more than 20 years of the ADA and its rules, so many companies just do not hire with any disability. Although both the state and federal governments do try hard to decrease that number. But we have more barriers to hiring in the form of certification, licenses, and other hindrances, was well as corporate policies.