HOW A NEW PRESIDENT WILL EFFECT SOCIAL SECURITY DISABILITY

Change always causes anxiety. On January 20, 2021 it appears that Joe Biden will become the president of the United States. We do not anticipate any sudden changes in Social Security, and certainly not in the disability process. Social Security is a massive federal agency and moves with the slow,unresponsive speed of a dragon with a fire under its tail.

Here is what to expect in 2021:

UPDATE: On 12/4/2020, the outgoing Trump administration sent a request to the Congressional Office of Management and Budget (OMB) that, if pushed through in the final days of this administration, would gut the federal disability program and make it impossible for 500,000 older Americans to qualify for disability benefits. They want to stop using "grid rules" that consider age, education and past work to help persons over age 50 qualify for disability benefits. This would make it extremely difficult for older persons to get new disability benefits. The Congress can stop this, but it depends on how quickly it is rushed through.

1. Persons now getting a Social Security benefit will not have their check stopped, reduced, increased or changed. Other than the 1.3 percent Cost of Living Adjustment (DOLA), there will be no changes to benefits.

2. New disability benefits will still be difficult to get. About 73 percent of new applications will be denied. Claimants will still need a hearing before an administrative law judge to be approved, in most cases.

3. The processing time to get a claim considered will still be long. There is no apparent plan under the Biden administration to make Social Security move faster than it now moves.

4. The rules and regulations are not likely to change right away, although some observers think the government may move, sooner or later, to either increase the Social Security FICA tax or to reduce benefits for the future. This would require approval of Congress.

5. You will still be better off with an experienced attorney or representative when dealing with Social Security disability.

If you have a disability claim pending with Social Security, the inauguration of a new president will have nothing to do with the claim. It will slug along at its usual pace until the Social Security Administration makes a decision.