The Social Security Administration announced an update to its job database, eliminating professions no longer relevant for workers. You work hard throughout your life, and when you suffer disability, your claim is denied because you could still perform outdated jobs such as reptile farming or canary breeder. While this may seem an unlikely scenario, it has been the case for many people who apply for Social Security benefits.

By improving this major practice in evaluating disability claims, the SSA aims to move toward a more accurate and fair disability benefits system. 

When your application for Social Security Disability benefits is denied, it can seem like the end of the road. However, you still have options. To discuss your rights, and whether outdated jobs might have contributed to your denial, call our Chicago Social Security Disability lawyers at Ankin Law today at 872-529-9377.

Benefits for Disabled Workers

The Social Security Administration offers programs that provide financial assistance to people with disabilities. Both the Social Security Disability Insurance and Supplemental Security Income programs provide benefits based on factors such as applicants’ conditions, work capacity, and income.

Social Security Disability Insurance

Social Security Disability Insurance is a federal program designed for individuals who have worked and paid Social Security taxes. To qualify, applicants must meet work history requirements and demonstrate a qualifying disability that prevents them from engaging in substantial gainful activity. Those approved for SSDI may receive benefits such as Medicare coverage and a monthly payment. 

The amount of monthly SSDI payments varies from person to person. It’s determined by your previous work history and earnings. A Chicago Social Security Disability lawyer may help you understand the types of benefits available, and whether you are eligible to apply.

Supplemental Security Income

Supplemental Security Income is a federal program that provides monthly payments to people with disabilities, as well as to older adults who have little to no resources or income. This program provides a safety net for those who may not have sufficient work history to qualify for SSDI.

The amount you receive is affected by several factors, including your income from work and nonwork sources, your living situation, and whether you receive any additional state support. For 2024, the maximum individual benefit is $943, and the maximum monthly payment for couples is $1,415.

Eligibility for Benefits

To receive SSI or SSDI benefits, applicants must meet certain eligibility requirements. The requirements differ for each program, and it’s possible for people to qualify for assistance through both.

Applying for both programs is a rigorous process that requires extensive medical documentation and evaluation to assess an individual’s disability and their ability to work. Factors such as the severity of the condition, treatment options, and the individual’s functional limitations are carefully considered.

Qualifying for SSI Benefits

With few exceptions, the eligibility criteria for SSI benefits include:

  • Earn not more than $1,971 from work each month
  • Have common resources valued at not more than $2,000 for an individual or $3,000 for a couple
  • Have a disability or be 65-years-old or older

If applying for benefits based on a disability, applicants’ conditions must meet Social Security’s definition criteria. Therefore, applicants will need to provide medical evidence to support their claims. Such evidence may include medical records, test results, and statements from doctors or other medical professionals.

Qualifying for SSDI Benefits

Eligibility for SSDI benefits is based on having a qualifying disability and having enough work history. To qualify for SSDI, applicants must have severe disabling conditions that limit their ability to do certain activities. Their disabilities must be expected to last for at least 12 months, or to result in death. To qualify as a disabling condition for the purpose of receiving SSDI benefits, the condition must also prevent individuals from engaging in substantial gainful activity.

In addition to having a qualifying disability, applicants must have worked for at least five out of the last 10 years. Additionally, they must typically have a sufficient number of work credits. The work credits required depend on the age of the applicant when he or she became disabled. There are some exceptions to the work requirements. For example, there are options for disability if you have never worked because your condition developed early, and you were not able to. 

Additional factors taken into account when determining eligibility for SSDI benefits include an applicant’s residual functional capacity based on his or her physical and mental limitations, age, education level, and work history.

Disability and Substantial Gainful Activity

Social Security defines a disabling condition as one that keeps you from engaging in any type of substantial gainful activity. Substantial gainful activity, then, is a monetary threshold established by the SSA to decide if people are able to work. Those individuals who earn above the SGA limit may not be considered disabled under Social Security’s definition.

When evaluating applicants’ ability to perform other work, the SSA considers various factors, including their age, education, work experience, and physical and mental limitations. To this end, Social Security uses a list of occupations to help assess a person’s ability to perform other work.

To determine suitable job alternatives, the SSA considers factors such as an applicant’s transferable skills, ability to participate in vocational rehabilitation services, and labor market information. However, having been last updated in 1977, Social Security’s jobs database has been critiqued as outdated and not reflective of the current job market. 

If, based on the jobs list and other factors considered, applicants are deemed able to perform other types of work, the SSA may deny their claims for benefits.

Updating an Outdated List

Many of the occupations listed on the job database no longer exist, or are limited in their availability. The decision to amend the list comes after the case of a disability applicant who previously worked as an engineer, and was denied benefits based on the determination he could work as an egg processor, nut sorter, or dowel inspector made headlines. 

The jobs database includes more than 12,000 types of jobs. The SSA will drop 114 isolated occupations from the list, as they exist in limited numbers and in relatively few locations. Going forward, these jobs will no longer be listed as possible other types of work when determining eligibility for SSDI and SSI benefits.

In addition to the occupations dropped from the list, the SSA identified 13 occupations as requiring additional evidence when they’re used in support of a “not disabled” finding. Federal courts have previously questioned these jobs as evidence of an applicant’s ability to perform other work when reviewing cases.

Prior to the update, critics argued that the list didn’t reflect the realities of the modern job market, and thus, disadvantaged applicants. Therefore, the change could help increase the likelihood of successful Social Security Disability applications for qualifying individuals. The commissioner of Social Security said of the decision that it “makes sense” to remove jobs that are not readily available in today’s economy.

Appealing a Denial for Benefits

If Social Security denies an application for SSDI or SSI benefits, individuals have the right to appeal the decision. An SSDI appeals lawyer can help walk clients through the four levels of appeal, which include:

Reconsideration

Reconsideration is the first level of appeal. At this level, the SSA will review the initial decision, as well as any new evidence provided by the applicant. Typically, applicants will not need to attend hearings or make any in-person appearances at this level. Social Security completes most reconsideration cases within a few months.

With the changes to the job database, applicants denied benefits may pursue appealing for a reconsideration.

Administration Law Judge Hearing

Should Social Security deny the reconsideration, applicants can request an administrative law judge hearing. At this level, applicants will have the opportunity to present their cases in-person or by phone. The applicant can provide testimony and present additional evidence to support his or her claim.

The ALJ will listen to testimony, review the case file, and make a decision.

Appeals Council Review

If they disagree with the administrative law judge’s decision, applicants can pursue the case to the next level – an appeals council review. The council may choose to review the case or deny the request.

It can take several months to complete the appeals council review process; however, there is not an additional hearing or in-person appearance.

Federal Court Review

In the event applicants disagree with the appeals council review decision, they may take the last step of filing a lawsuit in federal court. After a review of the administrative record, and any additional evidence, the court will affirm, reverse, or remand the case back to Social Security for further proceedings. Navigating Social Security’s eligibility requirements can be a daunting task. Our SSDI attorneys at Ankin Law are experienced in helping people apply for and receive the benefits they need. To discuss your eligibility and options, contact us today at 872-529-9377.