Re: Many Seeking Disability From Social Security Face Big Delays

[Guest guest]

I have finally gotten approved for disability after three years. I went to

court on October 22, 2007 and on November 2 they made the decision to approve my

case. But now I am waiting to find out how much, when or how I will get it.

Sue

[Guest guest]

This article emphasizes the importance of trying to get the application in

correctly the first time. Initial claims are turned around relatively quickly

compared to appeals. The most common reason for rejection of initial claims is

lack of good documentation.

The article Gretchen recently posted about personal medical records is

important. Keep good records of all doctors/hospitals you see. Get copies of

their records for your own file.

If/when you file a SS claim, take the time to answer all the questions as

completely as possible, explaining as clearly as you can how your condition

interfers with your ability to work. Then, after filing the initial paperwork,

follow-up by personally deliver a copy of all of your medical records to your

local SS office (or have a friend or family member do it for you).

Of course, it's not necessary to take your own records in, since the SS office

will request the records from your providers. However, your providers may or

may not respond in a timely manner. If they don't respond to SS's request, a

decision will be made without it! It's your responsibility as the claimant's to

" prove " you are disabled. It's worth your time to follow-up with the SS office

to make sure they have received everything they need from you and your providers

in order to make an accurate decision.

[Guest guest]

I had sent this article to my brother-in-laws best friend who is a renowned

disability attorney to get his opinion and here is his response:

(name deleted) and I were just discussing this problem the other day. A reporter

had been after him for several months to commit to an interview on the record

about this issue and he refuses to do so because he thinks that complaining

about the situation in the press is not likely to help him in getting prompt

hearing dates in his cases. This article confirms exactly what he was telling

me. Apparently the number of cases awaiting hearings is staggering...

Jackie

[Guest guest]

I may be inordinately cynical, but I think the disability denials have the same

basis as the philosophy behind rebates: a large percentage of people just won't

bother with the hassle, and therefore they save lots of money.

Elinor

[Guest guest]

here here! well said Elinore!

Jane

[Guest guest]

Elinor,

Assuming this is true...then make sure you fill out your 'Rebate Form'

completely and accurately, and submit it in a timely fashion, in order to ensure

you receive that to which you are entitled!

(Actual reason = Claimant fraud and abuse is rampant in our insurance and

government subsidy programs. It's a huge cost that penalizes all of us. The SS

office, like insurance companies, must perform due diligence before approving a

benefit. If they were didn't, we would blame them as well.)

[Guest guest]

,

I know this is true about rebates because I fail to fill some out.

Have they done a study on how rampant fraud really is? What about the people

who lose their houses or commit suicide because they can't be bothered to hire

enough examiners or the examiners are competent enough to recognize disability.

Your and my differing political persuasions may account for our differing views

on the reason for the many false denials.

Elinor

[Guest guest]

Hi Elinor,

I agree with you about the rebates. I've failed to fill them out myself or

missed the postmark date, even in the days when I had the strength to do it.

Rebates are an acknowledged marketing strategy, where companies do assume not

everyone will take advantage of it. (The rebate redemption rate is somewhere in

the 10-30% range, from what I've heard.) However, there is no evidence to

indicate that such 'marketing' strategies exist in the Federal government to

save money. That's not to say that there isn't room for improvement. Clearly,

there is.

And, yes, there are many studies evaluating the significant problem of fraud and

abuse in the Social Security system. In recent years, there has been closer

examination of this problem and more diligent efforts to combat it, including

stiffer penalties for those committing these crimes. Here's a sample

link...http://www.usdoj.gov/usao/eousa/foia_reading_room/usab5206.pdf

There is now an entire SSA department dedicated exclusively to identifying and

eliminating fraud and abuse, as well administrative waste.

http://www.usdoj.gov/usao/eousa/foia_reading_room/usab5206.pdf

This is great news for all of us taxpayers, since fraud and abuse has been

costing American taxpayers millions of dollars each year, for a long time now.

As for the delays with appeals, there is definitely room for improvement here

too. It is terrible when disabled persons have to suffer due to the delays

imposed by the system. The stories you reference are incredibly sad situations.

The good news is that the SSA is making efforts to improve turnaround times and

streamline processing for certain conditions. As we read in the article

Gretchen posted, one of the primary factors causing delays is staffing. The SSA

plans to hire additional judges in 2008, but it still might not be enough. If

one is politically motivated, he/she can contact his/her congress

representatives to request that they approve all requests by SSA for additional

staffing.

Many years ago, here in California, we had a similar situation. There were many

stories published about people who were suffering as a result of delays in the

insurance industries' appeals process. As a result, legislation was passed

requiring that insurance companies respond within 48 hours to urgent situations

and within 30 days for non-urgent situations. Failure to comply would result in

financial penalty to the insurance company. This one legislative change

significantly improved the appeals process in California. Perhaps timeframe

guidelines for the SSA would have a similar positive impact? My personal

knowledge of the ramifications of such guidelines is not detailed enough to have

an opinion, but if one is politically motivated, he/she may want to give

consideration to this in communications with his/her congress representatives as

well.

As for me personally...I, unfortunately, don't have the energy to push for any

kind of legislative change. My focus right now is on trying to stay alive and

live well with CMT, which is why I am grateful for educational channels such as

this one. I'm also happy to see positive changes being made in the SSA.

Hopefully, this will significantly improve turnaround times and eliminate the

sad situations we've seen highlighted recently, which is something we'd all like

to see, regardless of our political perspectives.

[Guest guest]

Oops...there was a missing link in my last post. http://www.ssa.gov/oig/ (Darn

those axons!)

This may be of value too.

http://www.ssa.gov/pressoffice/pr/disability-backlog-pr.htm

AG