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Proposed Social Security Disability Insurance Rule May Impact Millions of Americans

Jun 15, 2020

Tampa, FL (Law Firm Newswire) June 15, 2020 – The Trump Administration has proposed changes to Social Security Disability that may negatively affect up to eight million Americans. 

As of earlier this year, upwards of eight million people received Social Security Disability Insurance (SSDI) benefits. These benefits are intended to provide ongoing compensation for those who previously held a job but can no longer work to a variety of disabilities, including arthritis, back pain and mental health disorders. Once someone qualifies for benefits, depending on their condition, they may need to undergo periodic reviews called Continuing Disability Review. The current framework breaks down all SSDI recipients into three categories:

Medical Improvement Expected
Medical Improvement Possible
Medical Improvement Not Expected

The frequency of the Continuing Disability Reviews depends on a recipient’s classification and range from once every six months to once every seven years. For example, in 2018, there were 2.4 million reviews, and nearly 200,000 recipients had their benefits terminated. However, under newly proposed rules, a fourth classification of recipients would be created, called Medical Improvement Likely. The new rule intends to reduce the federal government’s overall cost of providing SSDI benefits.

According to the Federal Register, there are about one million recipients who are currently classified as Medical Improvement Possible who, under the new rules, would presumptively be moved to the new classification of Medical Improvement Likely. Over the next ten years, this would result in more than 2.6 million additional Continuing Disability Reviews. The estimated cost savings in terminated benefits would be about $2 billion, and the incremental cost increase in conducting the hearings and monitoring the new classification would be about $1.8 million. Thus, the total cost savings to the federal government would be an estimated $200 million.

According to a recent article, the newly proposed rule would disproportionately affect Americans with disabilities who live in rural areas. The reason for this is that, to appeal a denial of benefits after a Continuing Disability Review, a recipient would need to go through a lengthy appeals process. Often, this requires the recipient to visit either a Social Security office or attend a hearing in front of an Administrative Law Judge. Of course, this can be a significant burden for many in rural America, especially those who do not live near a Social Security office.

Attorney David W. Magann notes that the impact will not only affect Americans who live in rural settings but anyone who ends up being classified as Medical Improvement Likely. Having practiced Social Security law in Florida for the past 20 years, Attorney Magann is keenly familiar with the SSDI review process and has handled hundreds of hearings. He agrees with the assessment that the review process is tedious, especially for those who are not working with an experienced Florida disability attorney.

Attorney David Magann is a Florida disability attorney with extensive experience handling the legal issues that many individuals with disabilities face. Attorney Magann is a compassionate advocate who unceasingly pursues the interests of his clients and provides effective advice and counsel on a variety of legal issues, including social security disability, estate planning, veterans’ law and personal injury law. Attorney Magann has offices conveniently located in Brandon and Tampa.

David W. Magann, P.A.
Main Office:
156 W. Robertson St.
Brandon, FL 33511
Call: (813) 657-9175

Tampa Office:
4012 Gunn Highway #165
Tampa, Florida 33618

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