Social Security use of occupational information in disability determinations and hearings

Social Security can use Vocational Specialists (VS) and Vocational Experts (VE) as sources of job-related evidence.  Since 2000, SSR 00-4p required adjudicators to identify and explain any conflicts between VS and VE testimony and the Dictionary of Occupational Titles, and explain how any conflicts are resolved.

While Social Security continues to recognize the Dictionary of Occupational Titles as a valid and reliable source of information, it is not the only reliable source of information.  Other sources of occupational information that use the Standard Occupational Classification system such as U.S Bureau of Labor Statistics Occupational Employment and Wage Statistics, and the Occupational Requirements Survey.  VEs and VSs may use any reliable source of occupational information that is commonly used by vocational professionals.  Adjudicators must weigh the VE or VS evidence in the context of the overall record and determine whether it can support a conclusion about whether the claimant can perform their past relevant work, or whether the claimant can adjust to other work that exists in significant numbers in the national economy.

VSs and VEs must identify the sources of the data they use and explain their general approach to estimating job numbers.  The Dictionary of Occupational Titles uses a different classification system than the Standard Occupational Classification system.  VEs need to explain their general approach of how they compared the Dictionary of Occupational Titles data to the data about job numbers in the Occupational Employment and Wage Statistics. A more detailed inquiry into their sources of data or approaches is not usually required.

At the hearing level, when a claimant is represented, the representative must raise any relevant questions or challenges about the VEs testimony at the time of the hearing and to assist in developing the record through appropriate questioning of the VE.  If the VS or VE does not provide the expected information and explanation, the adjudication will usually need to develop the record with sufficient evidence to make a supported finding about whether the claimant can perform their past relevant work, or whether the claimant can adjust to other work that exists in significant numbers in the national economy.

SSR 00-04p is rescinded.  (SSR 24-3p, January 6, 2025.)

Posted in SSI

Social Security changes Title II overpayment withtholding rate to 50%

Effective April 25, 2025, the default withholding amount from ongoing Title II (Social Security Disability and derivative) benefits to recoup overpayments will be 50% of the monthly benefit.  The 50% rate will begin unless the individual requests a lower rate of repayment, reconsideration, or waiver of the overpayment within 90 days.

Prior overpayments will continue to have the 10% withholding rate.  The 50% percent withholding rate will apply to individuals who incur a new overpayment and have a prior outstanding overpayment.

The overpayment recovery rate for Title XVI cases (Supplemental Security Income) will remain at 10%.   (EM 25029, April 25, 2025.)

Posted in SSI

Social Security restarting debt collection by Treasury Offset Program

Effective immediately, the Social Security Administration (SSA) has restarted debt collecting using the Treasury Offset Program (TOP) for debts that accrued before March, 2020.  TOP is operated by the Department of the Treasury.  It intercepts federal payments to pay federal debts, including debts owed to the Social Security Administration.  TOP was suspended because of COVID-19.

The Social Security Administrative estimates that 280,000 people will be subject to collection through TOP.  (Social Security Matters, March 20, 2025.)

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Social Security identity verification

Effective March 31, 2025, the Social Security Administration (SSA) will require identity verification either online or in person.  Individuals will be able to verify their identity in ther mySocialSecurity account.  Individuals who are unable to do that will need to verify their identity in person at a Social Security office.

People who cannot start their claims online will be able to start their claims by telephone, but the claim will not be completed until the person does in person identity verification.

Social Security will also complete changes to direct deposit in one day.  (Social Security Matters, March 18, 2025.)

UPDATE:

The effective date of the identity verification requirement is now April 14, 2025.  Medicare, Social Security Disability and Supplemental Security Income will be exempt from the in-person identity verification requirement.  Individuals applying for those programs who cannot use a personal mySocialSecurity account will be able to complete their applications by telephone without needing to come to an office in person.

Individuals applying for retirement, survivors or auxiliary benefits who cannot use mySocialSecurity to verify their identity will need to come to an office in person.  Social Security will not enforce this requirement in extreme dire-need situation such as terminal illness or prisoner pre-release.

Individuals who do not or cannot use mySocialSecurity to change their direct deposit information will need to come to a Social Security office in person to process that change.  (Social Security Press Release, March 26, 2025.)

 

 

Posted in SSI

Social Security overpayment default withholding

The Social Security Administration (SSA) will increase the default overpayment withholding rate for collection of Social Security overpayments to 100 percent of a person’s monthly benefit effective March 27, 2025.  The increase will apply to overpayments of Social Security benefits established on or after March 27, 2025. People can contact Social Security to request a lower repayment rate.  This reverses a Biden-administration policy about the default rate of withholding for overpayment collection, summarized here.

People continue to have the right to appeal overpayment determinations.  People can also request waiver of the overpayment.  Social Security will not pursue recovery while an initial appeal or a waiver request is pending.  (Press Release, March 7, 2025.)

Posted in SSI