On April 18, the Social Security Administration (SSA) announced that it would be implementing a new rule related to the disability evaluation process to determine if someone was eligible for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). Under the new rule, workers would have an easier time proving their past job history for the purposes of obtaining disability benefits. This change could make it simpler and easier for some people to obtain SSDI or SSI benefits.
What is This New Rule?
The new rule, which came into effect on June 22, is a significant change to the disability evaluation process. Previously, when someone wanted to prove they were disabled, they needed to show they were no longer able to perform their “past relevant work,” which went back fifteen years. Under the new rule, they would only need to show their past five years of work, and only jobs which they performed for more than 30 days.
Why Was it Implemented?
The rule was changed to make it easier for applicants to get through the disability evaluation process, which previously excluded many people for minor discrepancies in their work history. This could be a result of forgetting small jobs done in the past, or due to inaccurate memories from jobs done many years prior. This new rule makes these sorts of innocuous errors less likely to cost someone their disability benefits.
What Effect Could it Have?
For many people who previously lost their benefits, or had their applications for SSDI or SSI denied, it could be a chance to get through the disability evaluation process that they did not have before. For example, people who may have lost their benefits due to failing to mention income from odd jobs they did might be eligible when they were not previously. People could also seek to apply if they were denied for getting dates on their job history incorrect, or if they made other similar minor errors.
What Should You Do?
If you are considering applying for SSDI or SSI benefits, or have previously applied for disability benefits and were denied, this change could help you. However, to know for certain what options you have, you should speak to a lawyer with experience handling disability applications. They can review your case and ensure you get the benefits you rightly deserve.
If you or a loved one need assistance applying for SSDI or SSI benefits, it is important that you seek the guidance of an experienced Social Security Disability benefits lawyer. The lawyers at Sullivan & Kehoe, LLP have over 50 years of combined experience between its attorneys and are available to you or your loved one in obtaining Social Security Disability or Supplemental Security Income benefits. To schedule a consultation with our New York Social Security Disability benefits lawyers, call (631) 823-7155.
