View Rule

We propose to develop intermediate improvements to reduce the burden in our current disability adjudication process as a step towards longer-term reforms to ensure our disability program remains current and supports equitable outcomes. Actions could include decreasing the years of past work we consider when making a disability determination, as well as other potential regulatory changes.

The development of this regulation was informed by a listening session conducted by our Office of Communications with advocacy groups representing claimants and beneficiaries. 

Statement of Need:

Reducing the reporting requirements for prior work to a 5-year period instead of 15 years will reduce the burden on individuals seeking disability benefits while still providing us with enough relevant information to make accurate disability determinations and decisions.

Summary of the Legal Basis:

Social Security Administration general rulemaking authority 42 U.S.C. 405(a); 42 U.S.C. 1383(d)(1). 

Alternatives:

We make disability determinations consistent with statutes and our current regulations. Taking actions such as exploring revising the definition of past relevant work would reduce the burden on individuals and improve customer service. 

Anticipated Costs and Benefits:

We estimate that implementation of the proposed rule would result in an increase in scheduled SSDI benefits of $22.9 billion, a net reduction in scheduled old-age and survivors insurance (OASI) benefits of $6.5 billion, and an increase in Federal SSI payments of $3.9 billion in total over fiscal years 2024 through 2033, assuming implementation for all decisions made on or after May 6, 2024.

Risks:

Risks not yet identified.