Recent Emergency Messages from the Social Security Administration with Policy Updates

You may have heard about the many recent policy updates from the Social Security Administration office. The new Commissioner of the Social Security Administration, Martin O’Malley, has enacted many changes in 2024. Commissioner O’Malley was nominated to his position as the Commissioner and was sworn into office on December 20, 2023.

With a free consultation, an attorney at Pyfer, Reese, Straub, Gray & Farhat, P.C. can assist you and help determine how the following recent policy changes will impact your Social Security Disability benefits claim.

The Definition of Past Relevant Work

Past Relevant Work (PRW) is now defined under 20 CFR 404.1560(b)(1)(i) as work that you have done within the past five (5) years. Previously, the prior 15 years of work history were assessed, but this definition changed by limiting the number of years that PRW is assessed. This past work must qualify as Substantial Gainful Activity (SGA), which is set at different gross monthly earnings amounts each year. For example, in 2024, your gross monthly earnings must amount to $1,550 to be considered SGA.

You are also required to have been working in your position long enough to have learned how to do the job. Any work that lasted less than 30 calendar days will not be counted as PRW. This is a positive change for individuals filing a claim for Social Security disability benefits, as an assessment of PRW is much more limited. For further information, see also EM-24028 and Social Security Ruling 24-2p.

Impact of the Change to the PRW Definition

If you previously received a denial to your case due to your alleged ability to still be able to perform your PRW within the past 6-15 years, there is now an opportunity to revisit that denial without changing the alleged onset date of your disability.

Res Judicata, a Latin term for not permitting re-litigation of the same disability case with the same facts, will not apply due to this new PRW definition.

Removal of Isolated Occupations

An Administrative Law Judge cannot find that you are able to perform work in the national economy based on your ability to work at a certain listing of jobs. These jobs, which are considered “isolated” by the SSA, have now been removed from the listing of occupations when assessing your ability to perform any work in the national economy.

Isolated occupations are those that “exist only in very limited numbers in relatively few locations outside of the region where [the individual lives].” A few of the jobs that were removed are dispatcher (in government services), radiotelephone operator, directory assistance operator, and watch assembler. For further information, see also EM-24026.

Removal of Irrelevant Occupations

The SSA notes that some occupations may refer to job materials or processes that have been replaced by modernization. These jobs can no longer be relied upon in a “not disabled” finding. The chart of occupations, as listed in EM-24027, is below:

Source: PolicyNet/Instructions Updates/EM-24027: Guidance Regarding the Citation of Certain Occupations at Step Five of the Sequential Evaluation Process (ssa.gov)

Changes to Continuing Disability Reviews

The final recent policy update to be addressed is the change to continuing disability review matters. Once you are approved for benefits, the SSA will check in with you to pull your most recent medical records and ensure you still meet the SSA’s definition of disability. Commissioner O’Malley has slowed the frequency of cases being reviewed to ensure the case still meets the definition of disability. This policy was put in place to focus more effort on the initial claims for disability benefits. For further information, see also EM-24021 REV.

Additional areas of policy updates include the evaluation of cases involving COVID-19 (EM-21034 REV 2), change in Title II/SSDI benefit overpayment withholding for repayment (EM-24011 SEN), and increasing the amount of an SSI underpayment that requires pre-payment review from $5,000 to $15,000 (EM-24009).

Contact Us Today

If you need assistance in your social security disability insurance or supplemental security income case, please do not hesitate to reach out to an attorney at Pyfer, Reese, Straub, Gray & Farhat, P.C. for a free consultation. Several members of our team, including Lancaster and Ephrata social security law attorneys, Megan H. Herr and Gabriella Hashem Farhat, are knowledgeable in assessing how these new policies will affect your case. Should we deem your case eligible, we will fight to gain benefits for you.

Disclaimer: This correspondence/blog should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only and you are urged to consult a lawyer concerning your own situation and legal questions.