Tuesday, December 30, 2014

LONGER WAITS FOR SOCIAL SECURITY DISABILITY BENEFITS IN 2015

The average wait time to get a Social Security disability hearing varies from city to city in 2017.  One of the shortest wait times is in Fort Smith, Arkansas where the wait time is only 7 months.  However, in Pittsburg the wait time is 20 months.  Closer to home, the average wait time to get a hearing in Florence, AL is 12.5 months (although I believe that number is overly optimistic; it usually takes longer).  In Mobile, you wait 16 months and in Birmingham you wait 18 months.

So, the waiting times are not getting any shorter.  I don't think anyone at Social Security has a plan to solve this problem any time soon.

I am often asked, "Are there any exceptions to these long wait times?"  

Yes, there are a few.  A veteran with a 100% permanent VA disability rating can be expedited and get a hearing sooner.  A person who qualifies for a compassionate allowance because of a catastrophic illness can be processed more quickly.  And a claimant with a "dire need" can possibly get expedited scheduling.  However, Social Security's rules for "dire need" are very, very strict.  Most Social Security claimants are in dire financial shape and usually they do not qualify for dire need exceptions.

Unfortunately, speeding up the government process is not something an attorney or disability advocate can do.  There are more than 1 million claims waiting for hearing in the United States.  There are only about 1,200 administrative law judges, who each make about 1.7 decisions per day.  We can't get more judges, we can't increase Social Security's budget and we can't reduce the number of appeals.  So, we are all stuck--waiting on a slow government agency to deal with this crisis the best it can.

 



 

Friday, December 19, 2014

WHY YOU CAN'T TRUST SOCIAL SECURITY DISABIILTY

When a system denies 72 percent of all applications, it is not to be trusted.  Applying for Social Security disability then just trusting them to do the right thing will lead to trouble--for you.  

Of the 72 percent of disability claims that initially get denied, about one-half of them will be approved when a judge looks at the case individually.  This is especially true if an attorney or professional advocate appears at the hearing on behalf of the claimant.  I believe this clearly suggests that at least one-half of the claims that got denied were mistakes on the part of Social Security.  

A national study by a major research organization concluded that up to 60 percent of all denied claims could have been approved if they had been reviewed by a different examiner.  This suggests that up to 60 percent of denials were mistakes on Social Security's part.

So, a federal administrative law judge reviews your case and corrects the mistakes.  What's the problem?

The problem is that it takes months or years to get a denied case reviewed and approved.  The hearing can take an additional 12 months to schedule.  If the hearing is not successful, the next appeal will take an additional 12 to 14 months.  I've seen truly disabled claimants wait 2 or 3 years to get benefits that should have been paid in 3 months.

Too many individuals seem to believe that once Social Security has denied their claim, they must not be eligible after all, and they just quit.  This is a mistake.  I realize the process is trying and frustrating.  But persistence is the key to success with Social Security disability.  And before you become worn down by the difficult process, consider getting an advocate to stand between you and the Government.