President Trump’s Effect on Social Security Disability: 2019 Update
In 2017, I wrote about President Trump’s potential effect on the Social Security Administration’s disability benefits programs. Since then, he has made further statements about and changes to the program. President Trump has made changes through his executive power, as well as proposing changes that require Congressional approval. These changes are of special interest to those applying for benefits (claimants), to those already receiving benefits (beneficiaries), and to advocates for the disabled (such as BurnettDriskill). Let’s look at President Trump’s effect on Social Security disability.
Social Security Disability
President Trump’s executive changes have come through an executive order that he recently issued. That order changes the way that the federal government selects administrative law judges (ALJ). [1] Because most disability claims are adjudicated before an ALJ, the selection process affects the majority of disability claim outcomes. Before President Trump’s executive order, the Office of Personnel Management (OPM) selected ALJs. Under his new order, the Social Security Administration (SSA) will select its own ALJs. SSA’s standards differ from OPM’s standards, and there are different opinions about how the order will affect the impartiality and integrity of ALJ decisions. [2]
The Trump Administration has also proposed a rule change regarding the effect of an applicant’s inability to speak English well. The proposed rule is based on the idea that the failure to communicate English well is not a substantial vocational disadvantage in the modern economy. [3] One media outlet has argued that this idea is inconsistent with the Trump Administration’s position elsewhere that immigrants who cannot speak English are less likely to find employment and should be denied entry through the border. [4]
President Trump has also proposed a 2020 budget to Congress. This budget calls for a large reduction in Social Security benefits, primarily through cuts to the disability program. President Trump has proposed the cuts to address SSA shortfall in cash. [5]. Before going into the budget details, it is important to emphasize that Congress has not enacted the budget into law. Given the divisive current political climate, Congress is not likely to do so.
President Trump’s 2020 SSA budget encourages the use of government surveillance over social media networks to “evaluate disability allegations.” [6]. As a practical matter, this means that SSA may escalate its monitoring of Facebook and Instagram (to take two common examples) to review a beneficiary’s disability. This is most likely in Continuing Disability Reviews, which occur only after a claimant has been approved for benefits. These reviews have involved some form of fraud surveillance for over 20 years. [7]. However, under President Trump’s proposal, SSA would not need a fraud referral to investigate a beneficiary’s social media account. [8].
President Trump’s budget would also reduce a claimant’s ability to collect back benefits. Federal law currently allows a claimant to receive 12 months of back benefits from the date of his or her disability application (provided the claimant was disabled during that time). President Trump’s change reduces that period of time to six months. [9]. The stated purpose is to limit the period of time for which a claimant can receive retroactive benefits. In addition to its effect on claimants, the change would also limit the financial incentive for disability attorneys to represent claimants. This is because disability attorneys receive legal fees from claimants’ back benefits. If adopted, the change is estimated to save SSA almost one billion dollars annually. [10].
President Trump offered similar proposals in previous years. For instance, a 2018 budget proposal would have required certain claimants to engage in rehabilitation before receiving benefits. In particular, the plan targeted claimants with orthopedic impairments. [11].
President Trump’s 2018 budget would have also limited the ability to receive both disability benefits and unemployment benefits for the same period of joblessness. This ability to receive both forms of benefits is technically allowed under current regulations. However, SSA and ALJs do not look favorably on a disability claimant who received unemployment benefits — mostly because a person who receives unemployment benefits is representing to the state that he or is she is capable of working and is looking for work. President Trump’s proposed change would formalize SSA’s often-practiced custom.
At the same time, Trump has also advised caution in reducing Social Security benefits, instead focusing on the need to “build a great economy.” [12]. This is logical, as there is an inverse relationship between the strength of the economy and the number of disability claims. In other words, the stronger the economy, the fewer the disability claims. However, medical conditions prevent people from working even in the best financial times. BurnettDriskill is prepared to assist those who are unable to work – regardless of the economic and political conditions.
Citations
[1] https://www.whitehouse.gov/presidential-actions/executive-order-excepting-administrative-law-judges-competitive-service/
[2] https://www.washingtonpost.com/news/powerpost/wp/2018/07/13/trump-order-risks-politicization-of-administrative-judiciary/?utm_term=.8da32750baeb
[3] https://www.govinfo.gov/content/pkg/FR-2019-02-01/pdf/2019-00250.pdf
[4] https://www.nationalmemo.com/trump-administration-is-chipping-away-at-social-security-benefits/
[5] https://www.fool.com/retirement/2019/03/21/has-trump-broken-his-social-security-promise.aspx
[6] https://www.ssa.gov/budget/FY20Files/2020BO.pdf
[7] https://oig.ssa.gov/cooperative-disability-investigations-cdi
[8] https://gen.medium.com/the-trump-administration-wants-to-snoop-on-disabled-americans-f2fcaae78ad3
[9] https://www.seattlepi.com/seattlenews/article/Where-Trump-s-stealth-Social-Security-cuts-11204116.php
[11] http://www.nasuad.org/sites/nasuad/files/NASUAD_FY2018_Budget_Memo.pdf
[12] https://www.fool.com/retirement/2019/06/07/donald-trump-on-social-security-9-things-you-shoul.aspx