In December of 2023, the Social Security Administration (SSA) appointed a new Commissioner, Martin O’Malley. As the new head of the agency, Mr. O’Malley hit the ground running and he has initiated a number of changes to the Social Security Regulations that have both streamlined the claims process and made it easier for our clients to obtain and retain their disability benefits.
These changes include raising the minimum amount for overpayment waivers from $1,000 to $2,000. This means that if a client has an overpayment of $2,000 or less, it will automatically be waived by the SSA. The client still needs to file a Request for Waiver of Overpayment Recovery form (SSA-632-BK) but it should be approved upon receipt.
Another major change is that the definition of Past Relevant Work has been modified from a look back period of 10 years to only 5 years. This is important because under the 10-year rule, the SSA could look back over the previous 10-year period to see if there was any past relevant work that the claimant could still perform. Given the rapid change in technology, it is unlikely that a claimant would still have the skills to perform a job from 10 years ago. This change should make it easier for our clients to obtain benefits if they have worked in the past.
The SSA has also made changes to the res judicata rules which will affect any client who is applying for both SSI and SSDI benefits. In the past, a claimant could be approved for disability benefits under one program and be denied under another program. The new rule now states that if the SSA has determined that a claimant is disabled under one disability program, they are disabled for all disability programs as long as the claim is for the same period of disability. This includes survivor benefits as well.
There have been additional changes to the testimony of Vocational Experts (VE) as it relates to unskilled, sedentary work. As of March 2024, all VEs who testify to the availability of unskilled, sedentary work must give an explanation as to how these jobs are currently performed. This change reflects the current contention by disability attorneys that no unskilled sedentary work exists in the national economy. Jobs such as nut sorter, addressers, and tube operators are now completely automated or obsolete. The Dictionary of Occupational Titles, which is the main resource used by the VEs to determine jobs in the national economy, has not been updated since 1991.
The last change worth noting is the change in overpayment rates for SSDI claims. In the past overpayment claims resulted in a total loss of SSDI benefits until the amount of the overpayment was recovered. Under the new regulations, the maximum amount that can be deducted is 10%. The 10% recovery rate has always been used for SSI overpayments.
According to the new Commissioner, there are additional changes in the works that will streamline the claims process and make it easier to interface with the SSA. These changes should make our job in representing disability claimants more effective and the process less frustrating for our clients.
More Social Security Information:
Article: Social Security Administration Digitizes or Removes Signature Requirements for Many Forms
