Social Security Disability Makes Long Overdue Change That Helps Workers

The Social Security Administration (SSA) has instituted a major change that could help more people qualify for disability benefits qualify for disability benefits.

To be eligible for Social Security Disability Insurance (SSDI), benefits you must prove that you are incapable of sustaining substantial gainful activity (SGA) by performing any work in the national economy due to your health problems.

For 2024, SGA is defined as grossing more than $1,550 per month. “Any work” are key words in this requirement.

When you apply for disability benefits and tell Social Security you cannot work, the agency will compare your claim to a list of jobs that exist in substantial numbers in the economy to see if you could reasonably perform any of them, considering your age, education, and past work experience.

The agency uses the Dictionary of Occupational Titles (DOT) and its companion publication, the Selected Characteristics of Occupations Defined in the Revised Dictionary of Occupational Titles, as sources of information about such work.

However, for many years, the disability lawyers at Nash Disability Law and other attorneys for people with disabilities have argued that the list is out of date. They have obsolete job descriptions that don’t match the current job market and demands of modern occupations. This often means Americans are unfairly denied the benefits they rightfully earned.

Now, the SSA has agreed that many jobs on the list are obsolete (or nearly so) and has modernized the list.

In all, the agency says it “has identified 114 DOT occupations with jobs that exist in very limited numbers, if at all, in each of the nine U.S. Census divisions of the country.

Based on this finding, the agency will not use these occupations to support a “not disabled” finding at the last step in the evaluation process for disability benefits. Examples of such outmoded occupations include such jobs as “motion picture projectionist,” “paperhanger” and “canary breeder.”

The agency also identified 13 DOT occupations where federal courts have questioned supporting evidence of a “not disabled” finding. This list includes such jobs as “dance hall hostess,” “almond blancher” and “microfilm processor.” Social Security is implementing additional evidence requirements for these occupations.

“It makes sense to identify occupations that now exist in very limited numbers in the national economy,” said Martin O’Malley, Commissioner of Social Security in a press release.

“By making this update, our decision makers will no longer cite these jobs when denying a disability application.” O’Malley says the SSA will only consider the most relevant occupations when determining if someone applying for disability benefits could perform other types of work.

If you have a disabling injury or illness and your condition has made it impossible for you to hold a job, contact the Chicago disability attorneys at Nash Disability Law for a FREE evaluation of your situation.

Social Security Disability lawyers help you navigate the complex disability claims process and guide you on the best path forward. We can help you avoid costly disability mistakes. Reach out to us in our offices in Chicago and Palos Hills.