Major Federal Rule Change Expected to Reshape Disability Eligibility in 2026
A major regulatory shift is on the horizon—one that could dramatically alter Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) eligibility. The Trump administration is preparing to publish the most sweeping disability rule change in decades, potentially reducing approvals more than any cut since the Reagan era.
What’s Changing?
The proposed rule makes two major revisions:
- Replacing Outdated Job Listings
SSA plans to retire the 1991 Dictionary of Occupational Titles and adopt the modern Occupational Requirements Survey—a needed update that will significantly change vocational assessments. - Removing Age as a Key Eligibility Factor
Currently, workers at ages 50, 55, and 60 receive additional consideration because transitioning to new work becomes harder with age. The new rule would eliminate or sharply reduce these long-standing protections.
Who Will Be Most Affected?
Research cited by ProPublica estimates:
- 830,000+ people losing eligibility initially
- Up to 1.5 million affected over a decade
- A 30% drop in approvals for older workers
The hardest-hit group will be workers aged 50–60 with limited education and long histories of physically demanding jobs—especially in states without their own disability programs like Virginia.
Why This Matters Beyond a Monthly Check
Denials trigger long-term consequences:
► Loss of Healthcare Access: SSDI is the pathway to Medicare.
► Permanent Retirement Cuts: Without SSDI, many will be forced onto early Social Security retirement at 62, losing 25–30% of benefits permanently.
► Medicaid & ACA Implications: With new Medicaid work requirements and expiring ACA tax credits, SSDI and SSI approval becomes even more essential.
A Critical Point Often Overlooked
Two key facts complicate the justification for these cuts:
- The disability trust fund is financially sound, funded by dedicated payroll taxes, and projected to remain solvent well into the next century.
- Cutting disability benefits does nothing to strengthen Social Security retirement, and may actually push more people into early retirement—worsening the retirement system’s solvency challenges.
In other words, this is not a fiscal rescue mission. It is a policy choice about eligibility standards.
What You Can Do Now for Your Clients
- Encourage Clients to Apply Now
Claims filed before the rule is finalized will likely be evaluated under current standards. - Strengthen the Evidentiary Record
Document functional and vocational limitations thoroughly. Future claims will need even more robust evidence. - Watch for the Public Comment Period
Once the rule is published, feedback from the legal and medical community will matter. - Review the Ripple Effects
Changes to SSDI and SSI affect Medicare, Medicaid, ACA access, and retirement planning. Clients need clear guidance.
Next Steps
After publication, the regulation will move through notice, comment, revision, and then implementation. Our firm will continue to monitor developments and is available to assist with case evaluations or questions about how these changes may affect your clients.
Warm regards,
Brian J. Gillette
Gillette Law Group, PLLC
Based on reporting from ProPublica. For the full investigation, visit:
https://www.propublica.org/article/social-security-disability-eligibility-trump-red-states