Rule Changes Could Lead to Social Security Disability Denials

Posted in Personal Injury,Social Security Disability on July 27, 2020

Many people in Tennessee rely on the Social Security Disability program. However, a recently proposed rule change from the White House could significantly affect tens of thousands of people. The new rules that have been proposed would add more strict verification requirements for recipients of disability benefits. Here, we want to explore how these new rule changes could affect you or your loved one.

What are the proposed changes to Social Security Disability?

Under the new proposed system set forth by the current Administration, those who receive Social Security Disability benefits would be required to submit previous documents to the Social Security Administration in an effort to verify their eligibility to continue receiving benefits. These documents would include:

• Income statements
• Medical records
• Asset records
• Living arrangement documentation

All of the submitted documentation would be reviewed by a Social Security Administration staff member who would then decide whether the individual will continue receiving their benefits.

How often would these reviews be conducted?

This process would be referred to as a Continuing Disability Review. How often a person would have to go through a review would depend on the category in which the disabled person has been placed. Individuals with conditions that the SSA deems are likely to improve would undergo a review every two years. Those with conditions that have a possibility of improvement would undergo this review every three years. Individuals with terminal or debilitating illnesses would undergo a review every five to seven years. Children who receive disability benefits would undergo reassessment of their benefits at ages six and 12.

What do supporters of these changes say?

Those who have pushed for the changes to the Social Security Disability program have said that these alterations are necessary to maintain the integrity of the program. They say that these changes will allow for a more regular review of whether or not a disability claim is accurate and that they will help the Social Security Administration protect against waste and abuse.

What do critics of these changes say?

Those who are advocates for people on Social Security Disability benefits have been shocked by the changes that have been proposed. They say that these changes are a way for the current Administration to cut individuals from a program that already leaves disabled people waiting for years to qualify and receive benefits. Data shows that there are currently over 16 million adults and children receiving disability benefits from the Social Security Administration. Disability advocates say that these proposed changes would result in tens of thousands of disabled people losing their current benefits.

Critics point out that these proposed changes add an unnecessary level of complexity and time consumption for individuals who are disabled. Additionally, advocates say that increasing reviews will mean increasing the number of doctors necessary to help in the review process, thereby reducing the savings that would be gained by eliminating people from receiving the benefits in the first place.

Speak to an experienced attorney

If you or somebody you love thinks that you may lose your disability benefits for any reason, you should speak to a qualified social security disability insurance lawyer about your case. A Nashville injury attorney who understands the Social Security Disability process, and who is not afraid to take on the Social Security Administration, will be an invaluable asset in these cases.