SSI

Social Security updates listing of available occupations

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Effective June 22, 2024, the Social Security Administration determined that 114 occupations listed in the Dictionary of Occupational Titles are not isolated jobs that can no longer be used to find that a person is not disabled.

Social Security disability determinations use a five step sequential evaluation process: 1) Is the person working or earning less than the defined substantial gainful activity amount? 2) Does the person have a severe impairment? 3) Does the condition meet or equal a listed impairment? 4) Can the person do their past relevant work? 5) Is there any work in the national economy that the person can do?

The rules change is about the fifth step of the sequential evaluation.  Social Security uses the Dictionary of Occupational Titles to determine whether a potential job exists substantial numbers in the national economy.  If Social Security finds that a person can do a job that exists in substantial numbers in the national economy, then Social Security will find them to be not disabled.  Social Security has determined that 114 jobs that are listed in the Dictionary of Occupational Titles no longer exist in the national economy in substantial numbers and therefore cannot be used to support a not disabled determination.

In addition, Social Security identified 13 jobs listed in the Dictionary of Occupational Titles that federal court have questioned.  Social Security is implementing an additional evidence requirement for those 13 jobs for a finding that they do exist in substantial numbers in the national economy.  (Social Security Matters, June 24, 2024, EM-24026, June 22, 2024, and EM-24027, June 22, 2024.)

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Social Security reduces past relevant work consideration to 5 years

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Effective June 22, 2024, the Social Security Administration has reduced the past relevant work consideration to five years.

Social Security disability determinations use a five step sequential evaluation process: 1) Is the person working or earning less than the defined substantial gainful activity amount? 2) Does the person have a severe impairment? 3) Does the condition meet or equal a listed impairment? 4) Can the person do their past relevant work? 5) Is there any work in the national economy that the person can do?

The rules change is about the fourth step of the sequential evaluation.  Previously, Social Security looked at work for the past 15 years to determine if the person could do past relevant work.  That past relevant work period is now reduced to five years.

In addition, Social Security will no longer consider work that was done for less than 30 calendar days as past relevant work.  (Social Security Matters, June 26, 2024.)

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Benefits extension for Ukranian Humanitarian Parolees

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President Biden’s signing of The Ukraine Security Supplemental Appropriations Act, expanded resettlement assistance provided by The Office of Refugee Resettlement (ORR) to displaced Ukrainians and non-Ukrainians paroled to the U.S. The ORR updated its eligibility criteria and mainstreamed federal benefits for refugees.

The ORR identified 4 categories (A-D) of individuals displaced from Ukraine who are eligible for resettlement assistance and other benefits. Category A includes Ukrainian citizens or nationals paroled into the U.S. by the DHS between February 24, 2022, and September 30, 2024 (extended from September 30, 2023), for humanitarian reasons. Category B includes non-Ukrainian individuals who last habitually resided in Ukraine and who the DHS has paroled into the U.S. between February 24, 2022, and September 30, 2024 (extended from September 30, 2023). Category C includes spouses or children of those in categories A or B who were paroled into the U.S. after September 30, 2023. Category D includes parents, legal guardians, or primary caregivers of unaccompanied refugee minors or children from sections A or B, paroled into the U.S. after September 30, 2023.

Eligible Ukrainian parolees who enter the United States with parole between February 24, 2022 – September 30, 2023, date of eligibility is May 21, 2022, or date of parole whichever is later. For those who enter the United States between October 1, 2023 – September 30, 2024, their date of eligibility is April 24, 2024. These parolees remain eligible for ORR benefits and services until their terms end or they obtain a different status.

UHPs are exempt from their financial supporter’s income being used to determine eligibility for benefits. UHPs who apply for and receive Temporary Protected Status (TPS) remain eligible for ORR benefits. However, if an individual only has TPS they are not eligible for benefits.

To qualify for Refugee Cash Assistance (RCA) UHP’s must meet all eligibility requirements. CWDs must determine eligibility by reviewing immigration documents, the date of humanitarian parole, and other program-specific information. UHP applicants are also exempt from certain types of income and resource requirements. Additionally, UHP are not required to provide SSNs but if they choose to do so, they must be notified that providing it is voluntary along with information on how it will be used.

Eligible UHPs can receive federally funded CalWORKs benefits without the five-year restriction on public benefits and should be evaluated for state-funded assistance if necessary. UHPs should provide proof of SSN application within 30 days of applying for benefits. This requirement can be avoided if the county determines that good cause exists. Applicants are also subject to provisions of the Child Support Enforcement Program but can claim good cause if participation is not in the best interest of the child.

UHPs granted parole between February 24, 2022, and September 30, 2023, became eligible for CalFresh on May 21, 2022. UHPs paroled into the United States between October 1, 2023, and September 30, 2024, become eligible for CalFresh on April 24, 2024, or their date of parole whichever is later. UHPs paroled between October 1, 2023 and April 23, 2024 for the California Food Assistance Program (CFAP) if they have parolee status of one year or more.

UHPs who are aged, blind, or disabled and meet income and resource limits may qualify for SSI/SSP through the SSA. Counties should issue RCA benefits until SSI/SSP benefits are granted.  UHPs who qualify are also exempt from employment services.

CWDs are directed to review all denied applications submitted by potential UHPs on or after April 24, 2024, and determine if they are now eligible per the updated policy. If they are found to meet eligibility the CWD must retroactively provide approval for benefits.  (ACWDL, June 28, 2024.)

 

Expansion of Social Security Compassionate Allowance Program

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The Social Security Administration has expanded its Compassionate Allowance Program to 12 additional medical conditions.  The Compassionate Allowance Program identifies particularly severe claims and allows a disability finding for Supplemental Security Income or Social Security Disability Insurance for them on the basis of medical confirmation of the diagnosis alone.  The new compassionate allowance conditions are: Deletion Syndrome, Anaplastic Ependymoma, Calciphylaxis, Cholangiocarcinoma, FOXG1 Syndrome, Leber Congenital Amaurosis, Metastatic Endometrial Adenocarcinoma, Paraneoplastic Cerebellar Degeneration, Pineoblastoma – Childhood, Primary Omental Cancer, Sarcomatoid Carcinoma of the Lung – Stages II-IV, and Trisomy 9.  (Social Security Dear Colleague Letter, August 14, 2023.)

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