Social Security Administration Updates Disability Evaluation Process for Fairness
The Social Security Administration (SSA) has updated the criteria for evidence admissible in hearings for Disability and Supplemental Security Income (SSI) claims. This welcome and much-needed revision will allow more applicants to qualify for disability benefits, particularly at the fifth step of the evaluation process.
The SSA Disability Evaluation Process
When applying for disability or SSI benefits, the SSA employs a five-step sequential evaluation to determine eligibility:
- Non-medical criteria: Applicants must earn less than the SSA’s monthly Substantial Gainful Activity (SGA) limit.
- Severe impairment: The impairment must significantly limit the ability to perform physical or mental work activities.
- Medical listings: Medical signs, findings, and symptoms must align with or be equivalent to those in the Listing of Impairments.
- Past work: Applicants should be unable to perform any past relevant work.
- Other work: If unable to do previous work, the SSA considers the ability to do other work, considering age, education, and work experience. It also evaluates the availability of job openings, the necessity of relocation, and the validity of any required certificates or licenses.
The SSA Process Used Old & Non-Existent Jobs
Specifically, if the SSA determines a person is not disabled, it must show that the individual can transition to other work that exists in significant numbers in the national economy. Previously, this step was problematic as the jobs cited often did not exist or were scarce.
The Social Security Administration (SSA) has updated its occupational list for disability claim evaluations. The SSA uses the “Dictionary of Occupational Titles” (DOT) and its selected characteristics to inform on job requirements. Although the Department of Labor (DOL) ceased updating the DOT in 1991, the SSA continued to use its decades-old data.
On June 22, 2024, the SSA acknowledged that 114 DOT occupations are no longer in existence. It also admitted that these jobs will no longer support a “not disabled” finding. Additionally, the SSA identified thirteen DOT occupations with questionable evidence in federal courts, for which it will now require additional evidence.
The Changes Will Make the SSA Disability Evaluation Process Fairer
These changes aim to enhance the fairness and accuracy of the disability determination process. This will ensure that only relevant jobs are considered in disability evaluations. It’s a significant improvement that has been long-awaited.
If you or a loved one has a disability or SSI claim or is considering applying, we can help. Click here to send an email, or give us a call at 610-446-3457.
