| If you are unable to work because of illness or injury, | | | | or be trained to do some other job. While there are |
| you are probably apprehensive about your future. If | | | | some exceptions for older workers or those with |
| you have applied for Social Security Disability benefits | | | | limited education, most applicants must prove that they |
| you are certainly frustrated and probably angry. With | | | | are unable to perform any type of work on a full time |
| an average claim processing time of three years, a | | | | basis. |
| turndown rate of 70% and a protracted appeals | | | | A big part of the problem for applicants is the backlog |
| process, vast numbers of people unable to work | | | | in initial claim processing, which can leave them in a |
| because of illness or injury are convinced that the | | | | state of limbo while their health and finances dwindle. |
| Social Security Administration is determined to deny | | | | Despite the fact that claim filings have tripled in the last |
| them the protection guaranteed under federal disability | | | | eight years, the number of processors employed by |
| law. | | | | the Social Security Administration is less than it was |
| Of the 2.5 million people filing for disability yearly, it's not | | | | thirty years ago. This is because the agency is |
| unusual to see claimants declare bankruptcy, lose their | | | | chronically under-funded. Disability lawyers have |
| homes, become homeless, or die while waiting for a | | | | declared this continued neglect of an important federal |
| claim to be approved. One claimant, disabled by | | | | safeguard a national disgrace. |
| chronic liver disease, declared, "I think they hope you | | | | After a long wait to have the claim reviewed, most |
| give up and die before you get your benefits." His | | | | people receive a denial. They then must file a Request |
| disability claim was finally approved after four years | | | | for Reconsideration. A reconsideration involves |
| and three appeals. | | | | another review of the paperwork you initially submitted. |
| Why does the Social Security Administration make it | | | | In about 80% of cases, the reconsideration results in |
| so hard for people to receive disability benefits? Some | | | | another denial. At that point, you can ask for a hearing |
| believe that widespread disability fraud in the 1970's | | | | before an Administrative Law Judge. The wait for a |
| caused a shift in the SSA's attitude about claimants, | | | | hearing now takes an average of sixteen months. If |
| who are now assumed to be malingerers faking an | | | | you're turned down again, you can request file |
| illness or injury to get a free handout. But the truth is, | | | | additional appeals to an Appeals Council and then in |
| since the program's inception in the 1950s, application | | | | federal court. |
| and approval standards have been tough. A claimant | | | | The National Organization for Social Security |
| must not only prove that their disability renders them | | | | Claimants' Representatives says that their best advice |
| unable to work at the job they've held, the claimant | | | | for people filing for disability is to hire a lawyer to help |
| must also show that he or she can't be employed full | | | | them represent their claim. Statistically, claimants are |
| time at any job. For example, if someone can no | | | | approved for benefits sooner and more often when |
| longer work as a construction worker, he must also | | | | represented by an attorney. |
| show that he can't work as a clerk in a store or office, | | | | |