Oct 20, 2016

Unsuccessful Work Attempt Regulations Improved

     This is Social Security's summary of new rules it recently published in the Federal Register:
The final rules at 20 CFR 404.1574(c), 404.1575(d), 416.974(c), and 416.975(d) remove the additional conditions that we used when we evaluated a work attempt in employment or self-employment that lasted between 3 and 6 months and use the current 3-month standard for all work attempts that are 6 months or less. Under these rules, ordinarily, work you have done will not show that you are able to do substantial gainful activity if, after you worked for a period of 6 months or less, your impairment forced you to stop working or to reduce the amount of work you do so that your earnings from such work fall below the substantial gainful activity earnings level. The new rules at 20 CFR 404.1592c and 416.999a allow a previously entitled individual to request EXR [Expedited Reinstatement] in the same month they stop performing SGA [Substantial Gainful Activity].
     The new rules are effective on November 16, 2016, except for the Expedited Reinstatement changes which are effective on April 17, 2017.


Anonymous said...

A move in the right direction. If you want to incentivize people with disabilities to try to work you should not penalize them when they try and are not successful.

Anonymous said...

A better move would be to allow the SSI asset limit to adjust for inflation. The limit was last adjusted in 1989. These current limits of $2000/$3000 is nearly $4000/$6000 if inflation were considered.

If the original $1500/$2500 set in 1974 were considered, the asset limit would be $7500/$12250 with inflation.

The lack of a rising asset limitation is absurd.

But, the increase from 3 to 6 months for an unsuccessful work attempt is a good start.

Anonymous said...

@5:33 PM Not interested in paying welfare to someone with $7500 in the bank or a couple with $12250 either.