Increasing the Likelihood of Staying Off Disability Benefit Rolls: Section 404.328 Explained

Section 404.328 of the Social Security Administration’s regulations discusses the circumstances under which the completion or continuation of a vocational rehabilitation, employment, or support services program increases the likelihood of an individual not having to return to the disability benefit rolls.

In this blog post, we will delve into the conditions mentioned in Section 404.328 and examine how participating in these programs can contribute to long-term self-sufficiency.

Criteria for Increased Likelihood of Staying Off Disability Benefit Rolls:

According to Section 404.328, the completion of or continuation in a vocational rehabilitation, employment, or support services program will increase the likelihood of an individual not having to return to the disability benefit rolls if it provides the individual with:

1. Work experience, enabling them to more likely perform past relevant work despite a possible future reduction in residual functional capacity.
2. Education and/or skilled or semi-skilled work experience, allowing them to more likely adjust to other work that exists in the national economy despite a possible future reduction in residual functional capacity.

Special Considerations for Students Aged 18 to 21:

If a student aged 18 to 21 is participating in an individualized education program as described in Section 404.327(a)(4), their completion of or continuation in the program is considered to increase the likelihood that they will not have to return to the disability benefit rolls.

Additionally, if a student receives transition services after completing an individualized education program, these services will increase the likelihood of staying off the disability benefit rolls if they meet the requirements in Section 404.328(a).

Example: John is a 35-year-old individual who has been receiving Social Security Disability benefits for the past three years due to a severe back injury. To improve his chances of returning to work and staying off the disability benefit rolls, John decides to participate in an employment services program.

The program John enrolls in focuses on providing him with new computer skills and additional education to qualify him for semi-skilled work in the technology sector. As John progresses through the program, he gains valuable education and work experience that make him more likely to adjust to other work that exists in the national economy, even if his residual functional capacity decreases in the future due to his back injury.

According to Section 404.328, John’s completion of or continuation in the employment services program increases the likelihood that he will not have to return to the disability benefit rolls. This is because the program provides him with the necessary education and semi-skilled work experience to adapt to other jobs despite potential future limitations caused by his disability.

Conclusion: Section 404.328 highlights the importance of participating in vocational rehabilitation, employment, and support services programs for individuals receiving disability benefits. These programs can provide valuable work experience, education, and skills that increase the likelihood of long-term self-sufficiency and decrease the chances of returning to the disability benefit rolls. By understanding the criteria outlined in Section 404.328, individuals can make informed decisions about participating in these programs and work towards achieving lasting financial independence.

https://www.ssa.gov/OP_Home/cfr20/404/404-0328.htm