Some History On "Accommodations"

This is from the U.S. Solicitor General's brief to the Supreme Court in Cleveland v. Policy Management Systems Corp:

The Social Security Act requires consideration of a claimant’s ability to do “his previous work.” 42 U.S.C. 423(d)(2)(A). It does not require consideration of his ability to perform his prior job with a possible ADA [Americans with Disabilities Act]-mandated accommodation that the employer, in fact, never provided. See 11 SSA Guidance at 15-401 [which reproduced the "Skoler" memorandum issued by Social Security on this subject in 1993] . Similarly, the Act requires consideration whether a claimant is able to do other work that “exists” in the national economy. 42 U.S.C. 423(d)(2)(A). It does not require consideration whether he could do jobs as they might be modified by reasonable accommodations that the ADA might require but that employers have not actually made.

Once the Solicitor General tells the Supreme Court that the government interprets an Act of Congress in a certain way, the government's hands are tied. The government cannot later change its mind about what the statute means. How come OIDAP is issuing a document that talks about "accommodations" that would allow Social Security disability claimants to work? Do they think that they can reopen this long settled issue?