A Disability Lawyer’s Perspective
At the head of Social Security Administration is the Commissioner of Social Security. About a year ago, Martin ‘Malley (former Maryland Governor) was appointed to this position. He recently resigned from the same as he was nearing the end of his term.
During his short tenure, Commissioner O’Malley has made a lasting impact in many areas of the disability program that will benefit Social Security claimants for years to come.
Social Security Disability Benefits
Some of these include shortening the time frame that Social Security’s looks back to determine one’s past relevant work. Previously, one thing Social Security looked at was whether a disability claimant could perform any of the jobs that they did within the last 15 years. Under Commissioner O’Malley’s direction, this time frame has now been shortened to five years. What does this mean? First, it means less time spent on paperwork for both Social Security employees and claimants (or their representatives). We have often seen disability claimants who have worked 20 or more jobs in the last 15 years. It is often very difficult for individuals to remember this number of jobs, job duties, hours, etc. when asked to complete forms regarding the same. By reducing past relevant jobs to 5 years, it should speed up the process as it will take less time to complete or correct paperwork regarding past relevant jobs. Second, it means that more people will be awarded disability. This is especially true for those over age 50. See other articles about GRID Regulations. Those over age 50 can often be considered entitled to benefits if they cannot perform their past relevant jobs. By shortening the look back from 15 to 5 years, disability claimants over age 50 will simply have less jobs to prove they can no longer perform.
Another example of a reform made under Commissioner O’Malley concerns SSI and living arrangements. SSI is a needs based program for the disabled. Previously, SSI benefits could be offset for those who do not pay their pro-rata share of rent/utilities. If one is not paying their pro-rata share, their SSI benefits could be cut by one-third (1/3). In 2024 this would result in a reduction from about $943 per month (SSI maximum) to $628 per month. This equates to over a $300 reduction from an already very low maximum benefit amount. Now, the pro-rata share requirement has been eliminated. Instead, if an SSI disability claimant or recipient is paying rent at over 1/3 of the SSI maximum figure (about $334 per month) their benefits will not be reduced. By way of example, previously, if an SSI disability claimant lived in a home with their mother and the rent plus utilities was $1,500 per month, the SSI recipient would be required to pay $750 per month if they wanted to receive the SSI maximum of $943 (2024 figure). Now, if that same SSI recipient pays $334 per month rent, they will be able to get the SSI maximum—presuming there is no other income or assets involved that would impact the SSI rate. What does this mean? This means that many more people will no longer have their SSI disability monthly payments reduced due to their living arrangements. This is obviously a good thing, as it is already hard enough to live on the SSI maximum of $943 per month.
Likely, early next year, another Commissioner will be confirmed by the Senate. Just yesterday, President Trump nominated Frank Bisignano as the next Commissioner. Mr. Bisignano is a very experienced high-level financial industry executive. It is hoped that he will continue the good work that was done by Commissioner O’Malley during in his short time at this post.
As disability attorneys, we are dedicated to helping our clients obtain Social Security or SSI, and to obtain it at a maximum rate. If you are considering applying for disability or if you have been denied disability, please contact us. We offer free phone consultations.
