Social Security's proposal for changes in its rules on unsuccessful work attempts and expedited reinstatement, which reportedly include lengthening the time period for an unsuccessful work attempts from three months to six months, has cleared the Office of Management and Budget (OMB). Expect the proposal to be published in the Federal Register this week. However, don't expect it to go into effect until at least next year. Once it's published in the Federal Register as a Notice of Proposed Rule-Making (NPRM) the public can comment on it and Social Security must consider the comments. Typically this takes quite some time. The gun control NPRM which should also be published this week may really slow down Social Security's regulatory apparatus. That NPRM may draw thousands of comments.
8 comments:
UWAs already can be as long as six months...do you mean that the easier standard currently used for UWAs lasting 0-3 months will be the rule for up to six months now?
@ 11:12. Yep that's the plan
Seems like this is the least of SSA's problems...wheel spinning if you ask me
Simplify where you can. It makes sense. Why have two rules when one will do.
This is really an ill-advised move by, well by whomever the reigning policy wonk is in Baltimore. You cannot just shift the months on work incentives. The scheme is complicated and cogent. There are dozens upon dozens of CFR POMS SSRs GN references that would require re writing and re training. It is one of the most consistent and fair work incentives in the program. It takes a well-trained CR to get in the weeds with this stuff and often the field office will completely ignore or screw up an 820, 821. I suspect this is more of the "save money whatever the result on claimants is" mentality. But it will lead to chronically ill folks who try to work until they drop being deprived of benefits they deserve. And it is poorly designed because once on the rolls the incentives to return to work, already severely compromised, will be even more compromised. There is no one sailing the ship so the sailors are milling about with half-baked schemes. I suspect this will go down in flames.
So, we are basically taking away contacting the employer for UWA's at all and juat taking the claimants word for it on the 821...I am sure that wont be abused...work sga 5 months, then take a 1 month "medical" break, then repeat.
@2:10
It's not even that difficult--the POMS says a substantial break could also be simply going below SGA (due to the impairments). So all one has to do is dip below SGA for a hot second every 5 months.
If you want people on disability to return to the workforce, if even remotely possible, then you need more carrots and way less stick. Nobody who has gone through the HELL that qualifiying for SSDI/SSI can be would risk having to go through it again!!! You have to increase the incentives to work (by increasing the amount they get to keep) while decreasing the risk (once off of disability, return must be EASY... such as a phone call).
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