Saturday, December 9, 2023

CAN YOU OUTLAST SOCIAL SECURITY'S CAPACITY FOR DELAYS? SSDI

 So, you have applied for Social Security disability (SSDI)?  The question is, can you outlast Social Security's infinite capacity for delay?  

On average, it takes 222 days to get the initial decision on a disability application.  And there is a 7 out of 10 chance the decision will be a denial when it finally comes.  And a majority of these denials are in error.

Claimants may appeal their denial in "Reconsideration," which many see as a rubber stamp for the previous denial.  (The actual denial rate at "reconsideration" is about 90 percent).  "Reconsideration" may add 7 to 12 months or more of additional delay.  (I know of a claim that stayed in reconsideration for 25 months without a decision).

 Many experts and lawmakers have testified that the "reconsideration" process is not needed at all.  Eliminating it would reduce the waiting time for claimants anywhere b7 12 months, maybe more.

After  denial at reconsideration, a claimant may take their case before an administrative law judge for a hearing.  The hearing is a more thorough review and has a higher chance for approval.  The problem is--some claimants die before getting a hearing.

One Social Security disability applicant finally had a hearing scheduled for this month but did not live until the scheduled hearing date, according to David Camp, interim CEO at the National Organization of Social Security Claimant's Representatives (NOSSCR).  

This sad news came after his claim for Social Security disability benefits had been denied initially and again at reconsideration.

"He died from the conditions that he applied with, that went untreated [due to financial hardship], Camp said.  (Words inside brackets supplied).

"He could not live long enough to outlast Social Security's capacity for delay," he said.

Some steps that could be taken by Congress or by the Social Security Administration could ease the backlog of over 1 million claimants who are now waiting for decisions:

1.  Eliminate the Reconsideration process.  Allow denied claimants to take their appeal directly to an administrative law judge and have a hearing.  (That's where most cases will end up, anyway).

2.  The US government should adequately fund the Social Security Administration.  This agency handles three times the work it handled in 2010 but with very little additional funding.  Especially since COVID, the agency is short of experienced employees and without sufficient funding to respond to the crisis of over one million individuals trying to get benefits.

3.  Change the attitude at Social Security and the state Disability Determination Service offices.  Unfortunately, there is a lot of frustration within these offices and the prevailing attitude seems to be:  "It takes as long as it takes and we're doing the best we can.  You just have to wait."

I don't think that a Bandaid, no matter how large or sticky, will fix Social Security disability.  It's a larger problem than that.  1 in 4 Americans will become disabled prior to retirement age and the agency they will turn to for survival is Social Security.  There may be better things to spend taxpayers' money on but I'm having trouble naming them.

 

 


 



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