Paul Burkhalter, NOSSCR President

We can wait…

During the last 9 months, rumors of upcoming changes to the Social Security Disability system have been circulating. The outline of the coming changes is starting to come into focus. Some changes are necessary, but others are likely detrimental to our clients. Last week, the Urban Institute issued a report giving us insight into potential changes.

First, the good (?) news. Pretty much everyone now admits the Dictionary of Occupational Titles is dead, outdated, and unhelpful in providing information about jobs. Rightfully, this admission is leading to change. These changes are now encompassed in Social Security Ruling 24-3p, which is confusing enough to lead to four different presentations at our recent conference in San Diego. (Viewing these presentations is almost mandatory to understanding how to ensure reliable vocational information is being used to evaluate whether there are a significant number of jobs your client can perform). It is hard to see how our current position is the final stop in reforming how job data is used in the process.

The move forward is to figure out how to implement the Occupational Requirements Survey (ORS) by the Bureau of Labor Statistics, so there is a rational process for determining the number of jobs that exist at different exertional and skill levels. With the ORS telling us that the same job can be performed at many different exertional levels, the old method of deciding whether a claimant can do a single type of occupation is breaking down. The unfortunate result is that whether there is a significant number of jobs for claimants with the same RFC is now becoming more inconsistent and, to some degree, determined by the quality of the vocational expert who testifies at the claimant’s hearing.

Second, and more worrisome, are possible changes to how age, education, and other factors continue to be used as eligibility factors. The Urban Institute report notes that “changes to reduce the role of age as a determination factor, via changes to the ‘grids’… are expected to be one of the main issues in SSA’s rulemaking….” As representatives, we are acutely aware that age is already a factor that is likely given too little weight. Our older clients are right when they tell us, “At my age, with my problems, who would hire me?”

According to the Urban Institute’s estimates, these changes could reduce eligibility for new claims by as much as 20% overall, and up to 30% among older claimants. Furthermore, the Urban Institute estimates that a 10% reduction in the grant of benefits would result in 500,000 claimants losing access to disability benefits over 10 years, including 80,000 widows and children.

The Urban Institute reports there have been discussions that reducing costs in the disability program is “an overriding policy objective.” What makes this effort misguided is that the number of claims for disability benefits is declining, and now there are over a million fewer people requiring disability benefits than in 2011. So, at a time when claims are down and fewer Americans are getting disability benefits, why do we need to make it more difficult to get benefits?

The good news? We are not powerless. NOSSCR is on top of this. Our Senior Political Advisor and General Counsel, David Camp, has connections within SSA, and our voices are being heard. Even if we cannot stop these changes from happening, we can work to mitigate the impact so that the worst possible outcomes are avoided. And remember, proposed regulations are not law. In the future, we will all need to speak out to educate policymakers, the public, and the press on how these changes will impact those who have worked hard all their lives but cannot continue due to illness or injury. These are our friends, our neighbors, and our relatives.

Be ready—NOSSCR will be. We will notify members as soon as the language is available. After the notice is released, there will be an open comment period, and we will be working with a committee of members and other allied organizations to equip all of you with a comment template so that we can elevate our voices.

But we can wait until then. Meanwhile, continue to fight the good fight for our clients.