Social Security Attorneys’ Blog

Trump’s Proposed Social Security Disability Reviews Might End Benefits for Many

President Trump is proposing new rules for Social Security Disability that could end benefits for tens of thousands of disabled individuals who are currently collecting SSDI. The Trump Administration’s proposed rules would require more frequent reviews – and much more paperwork – in a process called “continuing disability review.”

While proponents of the plan say the purpose o0f the changes is to “enhance program integrity,” disability advocates and our experienced Social security Disability attorneys are worried that the proposal is a “backdoor way” to cut thousands of disabled people from receiving benefits.

 Whose Social Security Disability Will Be Affected

The Social Security Disability Program is already under intense scrutiny for sometimes taking years to review disability claims, as well as for well documented cases of wrongly denying benefits to people whose disabilities have been proven and documented.

Currently, more than 16 million Americans currently receive disability benefits. However, the Social Security Administration hasn’t disclosed how many individuals the rule changes would impact. They have revealed that the goal is to conduct 4.4 million more continuing disability reviews over the next decade, if the changes are enacted.

According to the SSA, these additional reviews would add $1.6 billion in administrative costs to the program, but would reduce Social Security Disability benefits being paid out by $2.8 billion.

How the New Social Security Disability Reviews Would Work

Once on disability, both disabled adults and children would continue to be subject to “continuing disability reviews” by the Social Security Administration.  During these proposed reviews, the person would be required to keep submitting medical documentation, proof of income, records of and assets, and documentation of their living situation.

Once applicants or their attorneys complied with these burdensome requests, the Social Security Administration staff would make a determination if they still qualify for benefits, or if their Social Security Disability will be terminated.

Frequency of Proposed Social Security Disability Reviews

Social Security disability recipients will be divided into three categories, which determine how frequently the person is required to undergo review. Recipients whose conditions are expected to categorized as “medical improvement expected” and will be reviewed every six to 18 months.

Recipients placed in the “medical improvement possible” category will be reviewed every three years. While placement in a third category of “medical improvement likely” will result in review every two years.

And, Social Security Disability recipients determined to suffer from a debilitating or terminal conditions will be considered “medical improvement not expected” – but will still have to be reviewed every five to seven years.

Additionally, all disabled children collecting Social Security Disability would automatically be reviewed at ages 6 and 12 years old.

Why Proposed Social Security Disability Reviews are Problematic

As experienced Social Security Disability attorneys, we are deeply concerned by the hardship that the large volumes of paperwork, and complicated documentation process, will cause for Americans living with a disability.

Our Social Security Disability attorneys worry that disabled individuals will wrongly lose their benefits if they are unable to navigate the complex and burdensome review process.

A public comment period on the proposed changes to Social Security Disability Reviews is open until Jan. 31 before the rules can be approved. Democrats in Congress, in a December 19 letter to the Social Security Administration requested the comment period be extended to March 16.

Social Security Disability Attorneys – Long Beach

As staunch advocates for the rights of disabled individuals for more than four decades, the Social Security Disability attorneys will continue to monitor the troubling changes being proposed by the Trump Administration.

The Law Office of Cantrell Green is a group of highly qualified and experienced disability attorneys who have obtained millions of dollars in Social Security Disability benefits for thousands of clients in Long Beach, Orange County and the greater Los Angeles. Our attorneys care about every client, and fight tirelessly to obtain and protect the benefits you deserve.

Free Social Security Disability Attorney Consultation: 800-964-8047