09/28/2023
Disability rule changes proposed by SSA:
Tomorrow SSA will publish three proposed changes in the Federal Register, all of which will have an open comment period.
The first proposed rule change is entitled “Intermediate Improvement to the Disability Adjudication Process: Including How We Consider Past Work.” SSA will propose to “revise the definition of past relevant work (PRW) by reducing the relevant work period from 15 to 5 years.” This will make a significant difference in step 4 determinations, as well as transferability of skills assessments. NOSSCR is pleased to see this proposed change as it reflects the type of commonsense modernization for which we are advocating. This change is scheduled for publication tomorrow, September 29, 2023, and the public comment period will remain open for 60 days.
In the second proposed rule change, SSA intends to “Expand the Definition of a Public Assistance Household.” This change will make SNAP an additional means-tested public income maintenance program. The agency also proposes to alter the definition of a Public Assistance Household “to include households in which any other (as opposed to every other) member receives public assistance.” The agency anticipates that this will decrease the number of SSI recipients who are charged with in-kind support and maintenance, while also decreasing the amount of income deemed to SSI recipients due to the SNAP benefits of other household members. While NOSSCR continues to advocate for more significant changes to in-kind support and maintenance reductions, we are encouraged by this step forward. This change is scheduled for publication tomorrow, September 29, 2023, and the public comment period will remain open for 60 days.
The third proposed change is an “Extension of the Flexibility in Evaluating "Close Proximity of Time" to Evaluate Changes in Healthcare Following the COVID-19 Public Health Emergency.” This rule recognizes that the pandemic-related delays in receiving healthcare have not yet resolved, and thus the agency proposes to continue their alteration in definition of “close proximity of time” to mean twelve months instead of four months when determining whether someone meets the musculoskeletal listings at Step 3. This change is scheduled for publication tomorrow, September 29, 2023, and the public comment period will remain open for 30 days.
The unpublished rules are currently available to view at Federal Register: Agencies - Social Security Administration.