More than 3.7 million people with disabilities rely on monthly Supplemental Security Income benefits to pay for food, shelter, and clothing. Almost 7.1 million disabled workers depend on their Social Security Disability Insurance benefits to avoid financial hardship. If you receive SSI or SSDI benefits, you may be concerned about how the policies of President Trump’s administration may affect your SSI or SSDI benefits.
The disability professionals at Sackett and Associates understand the concerns people with disabilities have about news and social media reports that the Trump disability policy changes could adversely affect the benefit payments they rely upon. Specifically, the speculation about the loss of disability benefits under Trump focuses on proposals affecting SSDI and SSI. This blog explains the proposed changes and how they could change the disability benefit programs.
SSI Program Overview And Proposed Changes
Applicants for SSI must meet the financial limitations for income and resources. A proposal affecting SSI benefits that Trump initiated concerns a method for determining a person’s income.
The SSI Program Classifies Income As Follows:
- Earned income: Wages, net income from self-employment, royalties, and other payments you receive for working.
- Unearned income: Money received from sources other than working, such as state disability benefits, unemployment benefits, money given to you by friends or relatives, and Social Security benefits.
- In-kind income: Food, shelter, or a combination of both given to you for less than fair market value or for free.
- Deemed income: A portion of the income of a parent or spouse you reside with that the Social Security Administration uses when determining the amount of your SSI benefit payment.
In-kind income as related to your living arrangement is the subject of a proposed rules change under the current administration.
Money that you receive from sources other than SSI can reduce the amount of the monthly benefit payment you receive. This includes in-kind income related to your living arrangements as follows:
- Living in the home, apartment, or mobile home of another person where you pay less than fair market value for shelter, the difference between what you pay and fair market value is in-kind income.
- Living in your own home, apartment, or mobile home where someone else pays all or part of the mortgage, rent, electricity, or heating expenses results in the amount they pay being in-kind income.
Until now, you would not have been treated as having in-kind income by living in a household where public assistance benefits paid some of the expenses. For example, if someone living in your home receives benefits through the Supplemental Nutrition Assistance Program (SNAP), formerly referred to as food stamps, Social Security did not count their contribution to the household as in-kind income to reduce your SSI benefits.
President Trump proposed eliminating the public assistance exception for determining in-kind income. According to the Center on Budget and Policy Priorities, removing the exception may result in benefit cuts for a significant number of SSI recipients.
Continuing Disability Reviews Change Under The Trump Administration
The Social Security Administration conducts a Continuing Disability Review (CDR) at least once every three years to determine whether a person receiving disability benefits continues to meet the medical criteria for the SSDI and SSI programs. The frequency of a CDR depends on the severity of a person’s medical condition as follows:
- Conditions expected to improve: First CDR within six to 18 months after approval of the claim.
- Conditions where improvement is possible: CDRs about every three years.
- Conditions not expected to improve: CDRs about every seven years.
A proposed change to Social Security disability Trump adds a new medical improvement category, “medical improvement likely.” A person with a medical condition that is likely to improve may be subject to a CDR every two years, thereby increasing the chance of losing benefits.
Challenging Unfavorable Decisions Through The Appeal Process
A decision by the SSA to reduce or terminate disability benefits can be challenged through the appeal process. The process must be initiated within 60 days of receiving the notice from Social Security.
The process has four levels or steps:
- Reconsideration: Review of the claim by a new examiner.
- Hearing: An administrative law judge conducts a hearing where witness testimony and other evidence can be presented for the judge to consider in making a decision.
- Appeals Council review: An Appeals Council reviews the case, including new evidence supporting the claim, and decides whether to approve or deny the claim or send the case back to the hearing level.
- Federal court review: A court action asking a federal judge to decide the case.
A disability benefits lawyer can help determine if SSI and SSDI benefits risk Trump policies cause can be appealed.
Contact A Northern California Disability Benefits Lawyer
Learn more about Social Security disability under Trump and the rights you have by contacting Sackett and Associates for a free consultation and case evaluation. Sackett Law has been helping people in California and nationwide with their disability claims for more than 45 years.
Sources:
- Statistics: https://www.ssa.gov/policy/docs/quickfacts/stat_snapshot/
- SSI in-kind income: https://www.ssa.gov/ssi/text-living-ussi.htm
- SSI Income types: https://www.ssa.gov/ssi/text-income-ussi.htm
- SNAP and SSI: https://www.cbpp.org/research/social-security/trump-administration-poised-to-cut-ssi-benefits-for-nearly-400000-low
- Continuing Disability Review: https://www.ssa.gov/benefits/disability/work.html
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