Two recent rules that will make it more difficult to qualify for Social Security disability benefits were enacted, but they could be short lived and rescinded by the incoming Biden Administration.
The first new rule now allows for Administrative Appeals Judges (AAJs) to conduct and adjudicate Social Security disability cases. Prior to this rule Administrative Law Judges (ALJs) were the only ones to conduct and adjudicate disability cases. Critics of the move believe that this will result in less people qualifying for disability benefits because AAJs are closely associated with the Social Security Administration and ALJs are independent from Social Security. It makes sense that critics would be wary of this move because AAJs might be more critical of disability cases than independent ALJs.
The second rule involves Continuing Disability Reviews (CDRs). Social Security has implemented a new category for CDRs, which could result in more people being kicked off Social Security disability benefits. A CDR is done on a Social Security disability beneficiary after a specific period of time the beneficiary is on benefits, but Social Security expects to improve medically to allow the agency to take the benefits away. This new category, critics argue, will allow the agency to make it easier to take away benefits from people.
Over the last four years of the Trump Administration qualifying for Social Security benefits have become harder to come by because of the rule and policy changes instituted. With President-Elect Joe Biden coming into office some speculate that Biden will rescind these rules. If Biden does make this move it would be beneficial to Social Security beneficiaries and people who are applying and going through the Social Security disability process.
