Homelessness and Death Caused by the Social Security Disability Backlog
94The Agonizing Wait for SSDI Benefits
Woe to You if You Become Disabled
Reaching unprecented levels, the backlog for new Social Security Disability and Supplemental Security Income cases is worsening instead of getting better. Since 2000, the backlog at the Administrative Law Judge (ALJ) hearing level has more than doubled from 310,000 cases to 765,000 cases. Although the waiting time varies between states, currently, the average waiting time is amost 500 days. Consequently, many applicants lose everything they have or even die before their ALJ hearing.
Appeal Process
How the Social Security System Works
According to the SSA, the definition of a disability is "You cannot do work that you did before. We decide that you cannot adjust to other work because of your disability; and your disability has lasted or is expected to last for at least one year or result in death."
If you file for disability, approximately 60% of initial applications are denied. If you file an appeal, the next level is called the Reconsideration level. It is a paper review by a different disability examiner. The denial rate is even greater at this level. Approximately, 80% of the cases are denied. If you appeal again, the long wait for an Administrative Law Judge (ALJ) hearing begins. Although over half of the denials are reversed at this level, by this time many people have suffered from irreversible damage. If you appeal the ALJ's decision, you case goes to the Appeal's Council. At this stage, there is a one year minimum at least. Like the Reconsideration Level, it is basically a paper review of the legality of ALJ's decision and any new evidence submitted. Like the Reconsideration level, the denial rate is approximately 80%. The last appeal is at the Federal District Court level. At this level, the case is either awarded or sent back to the ALJ with instructions.
Dying Before SSDI Benefits are Awarded
Even before the latest increase in cases, it is no exageration that people die before they recieve ther rightful benefits. Below are a few examples.
- Mark Wild discovered he was a diabetic at 19. Throughout the years, his severe diabetes required frequent hospitalizations. Although he tried working and going to school, his illness and fequent hospitalizations interfered. Massive medical bills, no life outside his parent's home, hospitalizations, and fear of yet another SSDI rejection weighed heavily on his mind. A few days before his hearing, Mark was missing, but his watch, ring, and a bullet lay on his nightstand. Two days later, Mark's attorney called and told his mother he won his case without a hearing. Two hours after this call, Mark's parents were visted by a deputy sherriff and chaplain. Hunters found Mark's body dead in the woods from a self-inflicted gunshot wound.
- A Key West Florida woman was shot five times in the liver and abdomen by her husband. As a result of the gunshot wounds, she had related disabilities and chonic obstructive pulmonary disease. Her claim was denied in April 2006. In March 2008, she had her ALJ hearing. She died within the same the month. SSA approved the case after her death.
- A Charlotte, North Carolina man was a pipe insulator for fifteen years. At 52, he had congestive heart failure, chronic atrial fibrillation, pneumonia, obesity, and peripheral artery disease. He applied for SSDI in March 2006 and was denied. In November of 2006, he requested an ALJ hearing. He died in August 2007. Four months later, SSA approved his disability without a hearing.
For every publicized case of the devastation caused by this situation, how many more unpublicized cases are there?
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Reasons for the High Denial Rates on SSDI Applications
Many people wonder why there is such a high level of disparity between the rates of approval on the initial applications and at the Reconsideration levels compared to the high reversals at the Administrative Law Judge hearing levels, Although no one has an exact answer, these are several theories.
- Denials based on pain - Many disabiity cases are based on pain. Since pain is subjective, it is hard to determine whether the quality and intensity of the pain are disabling.
- The effect of malingering - Some people think Congress believes if people are given the opportunity, they will choose disability over working. In my opinion, this is absolutely ridiculous! No one in their right mind would rather go through the anxiety, depression, and economic hardship of trying to win a disability case compared to working.
- At the initial application, not as many people have attorneys in comparison to the Administration Law Judge hearing level. Furthermore, the extra length of time between the initial application and the ALJ hearing provides an opportunity to develop a stronger case.
- Compared to the initial application and Reconsideration, at the ALJ hearing, you have an opportunity to present your case in person. Since the ALJ can see you and listen to you, it may give your case more credibility. However, if you do not have legal representation, your odds of winning your case are markedly less. Furthermore, the legal fees cost either 25% of the back money owed by SSA or $6300, whichever is less. Tell me, do you think it is right a person who is so sick they can't work anymore should have to hire an attorney to collect what should be rightfully theirs?
Reasons for the Backlog at the ALJ Level
In addition to the high denial rate on the initial applications and at the Reconsideration levels, the wait for an Administrative Law Judge hearning is unacceptably long. Furthermore, this is not a recent problem; it has been going on for years. Some of the reasons for this are:
- Years of underfunding and a decrease in support staff - Until the Economic Stimulus package, the agency had staffing levels below those seen during the Nixon Administration.
- Worries about malingering has led to tighter scrutiny.
- Litigation and financing shortages prevented hiring new Administrative Law Judges.
- Changing demographics -The baby boom generation has led to an increase in disability claims.
The Economic Stimulus Package Fails to Decrease the Backlog
In addressing the average 500+ day wait for an ALJ hearning, the economic stimulus package gave SSA $500 million to hire more staff and judges. However, even though the backlog decreased for six consecutive months, it is on the rise again.
Since October 2008, the number of people waiting to have a claim processed has risen by 30%. Furthermore, according to Allsup, the average time to process an initial disability claim will increase by 20% this year. Adding to these problems, on the state level, at least 10 states have furloughed hundreds of employees that process these cases because of budget shortfalls. In fact, California has furloughed more than 1400 workers for three days a month through 2010. Even more disheartening, on the federal level, since administrative expenses are running short at the end of their fiscal year, SSA has suspended all hearings for people seeking disability benefits during September 2009. When people were already facing homelessness and dying before they recieved their benefits, these actions compound the problem. Hence, at least for the SSDI program, the economic stimulus program was a bandaid that didn't stick.
Facts to Consider
Before this article becomes another one read and forgotten, consider these facts:
- Three in ten people will become disabled before they retire.
- According to the Census Bureau, 18% of Americans have some form of disability while 12% have a severe disability.
- Sixty-five percent of Americans are living paycheck to paycheck. According to a report by MetLife, 50% have less than one month's savings for emergencies, and 28% have less than two weeks of emergency savings. Even people making $100,000 or more, 28% still had only one month's savings.
- Forty-six percent of all home foreclosures are caused by disability and half of all bankruptcies are caused by medical reasons.
Conclusion
Life can change in a second. Considering the statistics, you, a loved one, or someone you know will more than likely become disabled. Furthermore, will you or they be able to survive this torturous, agonizing wait without financial devastation or even a worse fate?
Think about it. If you have children, you may qualify for AFDC. However, more that likey, a disability applicant's income was far greater than AFDC benefits. Furthermore, if you're single without chldren, you don't even have that option. Can you imagine trying to pay all of your bills and survive month after month on minimal or no income? Furthermore, you've already been denied for disability benefits twice, can you imagine the underlying fear that you will be denied again?
If you are denied again, you would either have to reapply for benefits again or appeal to the Appeal Council. Unfortunately, the Appeal Council is similar to the Reconsideration level since they review the legality of ALJ's decision and any new evidence. Most of these cases are ruled in favor of the judge, and an appeal is then made for a Federal District Court Review. Most of these cases are either sent back to ALJ or approved for benefits. Either way, if you appeal the ALJ's decision or you start over again, you are looking at a long, long time before any decision is made or benefits are awarded.
Unless you have gone through this struggle personally, there is no way to imagine the anxiety, fear, and despair the current system inflicts. It is both inhumane and cruel. This problem has gone on for far too long and destroyed too many lives. Tragically, it will continue even longer unless the public gets more involved. If you care, contact your elected officials today.
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Hi Windtraveller
I totally agree with you! I also believe the biggest problem is the discrepancy between the high denial rates on the initial applications and Reconsiderations compared to the high number of reversals at the ALJ hearings. Although the government will deny it, I think they purposely deny cases in the beginning so they don't have to pay out the benefits. Some people will claim the discrepancy may be because the disability examiners at the beginning stages aren't trained as well. However, if this was the case, SSA would still be saving money if the trained the disability examiners better rather than hiring more Administrative Law Judges. Thank you for adding your input, Windtraveller!
This is the same federal goverment that wants to take control of our healthcare??????????
Yes, it's pitiful, isn't it? Furthermore, it not like this a recent situation, it's been going on for years. It's just that no one finds out about it until they or their loved one become disabled and need help!
I was recently healed from my former disability. My last SSDI payment is in November. Hopefully, that makes room for y'all. God bless you.
That is fantastic that you were healed! I am happy for you.
Thank you. Yes, your'e right, and from what I've heard, your company is a good disability representive. Although, it saddens me that a person who is rightfully disabled has to hire legal representation to win their case in this country. Twenty-five percent or $6300, whichever is less, is an exhorbitant amount of money for someone who has already suffered so much. Thank you for your input and stopping by.
Speaking of DYING before benefits are even given, my husband finally got his SSDI in May of '08. HOWEVER, because he has pushed himself to work despite his being born with a severe case of Spina Bifida, he earns too much monthly for medicaid. SO, the government makes you WAIT
2 YEARS FOR MEDICARE AFTER YOU GET SSDI!!!!!
Needless to say, last month he had to have emergency surgery (actually surgeries #53, #54 and #55 of his life and he's only 48!!!)
So, he almost died before getting health coverage. Think they don't HOPE you die before giving you disability in full? It's obvious!!!!
Hi Regina!
I am so sorry you and your husband had to go through that. The Social Security System for the disabled is totally messed up, and it's pitiful how our country's disabled are treated!
Earlier this year, someone proposed legislation, H.R. 1708, a bill designed to phase out the 24-month waiting period for disability. A few weeks ago, I got to wondering what happend with the bill. I searched the net looking for more information on it, but I couldn't find anything beyond what I initially read. What do you want to bet, it was just dropped without another thought for all the people in this position.
God bless and take care.
Thank you for your input and stopping by!
I was one those that waited six years without an income. I honestly believe that SSA thought that if they kept denying my claim that I would give up and move on, but I was so, obsessed with my ailments that I couldn't focus on anything else. Still, it took prayer and leaning to my US Senator's office to finally get things inorder. Sadly, my SSA credits ran out and I could only qualify for SSI. I think that is the real reason behind why the denial rate is so high, because it saves the department money. I also dicovered that your grief can continue long after approval for disability benefits if you get targeted for SSA third party "Plausible Denial" harassment, in which your property is vandalized, stolen or tampered with by people you do business with or trust. Like bankers, grocerers, mail and delivery people, neighbors, pharmacist, landlords and property mangers, law enforcement, just to name a few all covering and snooping and tampering at SSA request. It's a shame, really, that SSA will stoop to this level to look for reasons to controvert and deny your benefits before and after you have fought so hard to get them. It drove me to acquaint myself with the law. SSA's Program Operation Manuals are available online at their website for all those who would like to review them.
I have been waiting for approval for my Disability claim for almost 5 years now. I am on my second round - it has been a year and a half this time around. And still no ALJ hearing in sight...
I have lost my home and everything I owned. I have had to do without medical care and without my medications almost all this whole time. No doctor will take me with no money and no insurance. I have racked up countless trips to the ER at about $3500 per occasion, on needless ambulance trips and ER visits that could have been avoided if I had only been able to get my breathing medications.
I have been too sick to work for over 5 years. I have no income whatsoever. And if not for a former employer, I would be homeless and living under a bridge right now.
I am too sick to work. There's no way I can do it. I wish I could. I am an RN who could be making $35 an hour or more. Why would I want Disability of $783 a month or SSI of $674 a month instead of what I could be making if I were not sick? Get real! I could maybe try to live on that little bit of money if only I could just get it.
To add insult to injury, they have now reduced the amount of back pay you can receive to only one year. And you do not get it all at once, you get a bunch of smaller payments spread out over several years, so it does you no good, and does not help you get out of the hole you are in. Most of the first back pay goes to the lawyer.
You did a great job on this article, and every single word of it is exactly the truth.
Hi MagicStarER
I am so, so sorry you're having to go through this. Believe me, I understand as I am struggling with the same thing. I have five herniated and or ruptured discs in back, and I've gone through the whole process and been denied each time including at the ALJ hearing. For me, the worst part of it is living with fear all the time about the future. I honestly believe they want to deny eveyone they can unless the injury/disability is so severe and obvious they can't deny it. My prayers are with you.
I am so sorry to hear of this long waiting time . I have applied for SSD in 11/2009 and have already rec. two denials and I am expecting a denial at the Judge level also. My problem is lung damage from radition treatmens,with difficulty breathing . I had open heart bpass also because the radition treatments from hodkins lympoma. I am an RN and I have missed many,many days. The employer started giving me problems so I had to leave.In any case I know my hearing is at least a two year wait, I am lossing my home, and the electric co. is ready to shut us off. Would writing a Senator or Congressman help to get an earlier date with the judge?
Hi Linda
I am so sorry about your nightmare with SSA. Yes, that is what it is --- I am going through it too. I have two ruptured discs and three herniated discs. I had the disc between L5 and S1 operated on in Jan 2005. It has reruptured again. I am on 160 mg of oxycontin a day and because of the pain, I only sleep 3 to 5 hours a night, yet they think I can work this way. They denied me at the ALJ level too. I honestly think they want you so scared of not being able to make it, you'll go back to work regardless of your problems.
I hope you come back to this website because this is my answer: Yes, yes, yes! Write your senator; it will help. Secondly, if you have any depression which I am sure you do going through this, go to a therapist. Anything you don't seek treatment on they wont take seriously. My prayers are with you.
Seaamist thank-you for your reply. I will write to my Senator. How does SSD expect you to work, you would be out of work more than you could work related to the pain and depression . I do not know of any job that will keep anyone who misses alot of work for what ever reason. Therefore I would love to ask SSD would they hire us and let us miss days of work for our individual illness. Of course the answer would be no. The records are there, they see that you are in pain and depressed. This should be simple . Give you your SSD. I wish you well and I will pray for you also. Linda
There has to be a better system. I am on disability for MS and neck disk problems in 2003 which is 7 years ago. Doctors ruled out MS but now I have failed neck surgery (Cervical Stenosis). I am afraid of this system and tried to go back to school that way I do not get denied in review. I struggled with severe pain and had to give up. I am 56 and afraid that they will say I can do my old job which is skilled although I have not done that job in over 11 years. This system makes you afraid to deal with them and force choices that are not good for your health.
Hi seamist: I am still in the same boat. Still no date for the ALJ hearing. It is totally ridiculous how long they make people who are too sick to work go without health care and an income. It is criminal. Thanks for your prayers, I'm sending some your way, too! We need them. Only a miracle can help us.
Hi MagicStarER
First off, do you have an attorney. If not, I will respond to your reply in a private email. Hang in there. Although I know that is hard and useless advice.
I lost my home,car and pets because it took so long to get help. I wasn't able to work tried to very hard. Now I rent a room it is sad situation.
I am very sorry Myawn. The system is inhumane and needs a major overhaul. Unfortunately, all the rules about getting social security disability make it very hard to win your case without representation. When people are already devestated physically and financially, they shouldn't have to give $6,000 or 25% of your back pay whichever is less away for representation. Did you finally get awarded?
It's a damn shame that i work all life an the deal was if you get sick we got your back.But you file for this bullshit they hope you die i need heart valves replacement and the longer they wait it's damages my more liver that's been since 12/2007 i file 8/2009 have not heard nothing from them,
Hi Mike
I'm so sorry you're going through this battle with them. I hope you come back to the site so you can see my reply and advice. First, will your doctor cooperate with you? If so, have him or her fill out a residual functioning capacity form as soon as possible and turn it into SSA. Although I can't go into detail about it here, basically a residual functioning capacity form states the most you can do physically. If your doctor gives you a less than sedentary rating for work, it wil help you dramatically. While it may or may not help you on the initial application, it is very important at the adminstrative law judge hearing appeal. Secondly, write you senator or congressperson a letter about the situation. Although they can't influence the decision on your case, sometimes it helps speed up the case. Third, if you don't have representation already, before your administrative law judge hearing get yourself a good disabiity attorny. Although it's not right, statistically, applicants with legal representation have a much better chance of winning at the administrative law judge hearing. Get the best you can since the price is the same! By law, the maximum they can charge is $6,000 or 25% of the back pay, whichever is less, and you don't pay the fee unless you win your case. Take care.
Mike
Here is the link to print off a residual functioning capacity form - http://www.paq.com/pdf/SSA-4734BK.pdf
My husband has died of the disease for which he applied for disability for, during the appeal period. I am angry that he tried every day to get up and go, even though he was so sick. He said that the letter from social security told him that he was able to work. How blackly funny. I'm not for sure what to do now. I can't get anyone from Social Security to call me back.
Magicare
I am so sorry for your loss. This situation with Social Security just infuriates me! Because SSA says they can work, people think they are not entitled to SSDI. This is so untrue, especially when they deny approximately 2/3 of the initial applications. I will do some research on the net over the next few days and see if I can't come up with some answer for you. Take care
After reading alot of these cases that have gone absolutely nowhere, I am even more depressed. I filed in 2003 after a series of job losses and employment problems. I was agoraphobic but I filed because I suffer from Chronic PTSD and Severe depression. I also have degenerative disk disease in my back and osteo-arthritis in my knees and now I feel it in my fingers. Like most of those who have filed and cannot go to a doctor for pain but just emergency rooms I started finding a way to get Rx pain pills and was caught without a bottle for them and got a CDS case. I went to the extreme I know. I am ashamed and marked now. I have been to Rehab and now I just have to suffer through the pain and get more and more resentful that I hear of people who have the same problems as I or less that have been awarded their claims and I have been waiting 7 years. I too have lost my home, car, beloved pets and a husband (to divorce). I am just sick of this whole mess and yet what else can you do???
I really pity anyone having to go on Disability...Very humiliating, degrading experiance that you have to have your life held by a bunch of strangers that have no idea of the pain you are going through? I worked 20 years & because of a accident, I had to file & had my credits. Years of hell went by because denile after denile I gave up But filed again. It took 7 years & lost my 10 year credits? Then I was approved & pushed on S.S.I. How the hell do I live on $674.00 a month? Thank God for family. But Social Security made me lose thousands in benefits from working. The whole program should be changed for us disabled people to have a better quality of life.
Hi Dana and Linda
I have sympathy for both of you. When you're not familiar with Social Security's rules and regulations, the best way to win your case is hire the best attorney you can. Obviously, the whole system needs to change.
Homeless shelters can be a last stop for some people. Some homeless shelters allow people to stay for only 60 days. During this time the people in the shelter must find employment. They can stay longer if they have gainful employment. The shelter keeps part of the homeless person's income to pay for rent for future housing.
However, it can be very difficult to get a job when you have a homeless shelter as your mailing address.
its unfortunate but the reason the system is so slow is becasue once people get on it they are on it for life. I had a heart attack last year and several mini strokes this past summer, I suffer from Congestive heart failure , my prognosis is not good. Doctors suggest I have a max of 1 - 2 years unless I have a heart transplant. I know I will never have the transplant becuase I don't have medical insurance. I've lost everything waiting on SSDI.and even if I do get it $1000 a month will never replace the $10,000 a month I made while working. I'll never have my own home again or live a normal life and can't belive I'm in this situation.
I'm angry, livid at the system, not because its taken so long for me but because I see so many fat lazy people collecting SSDI. Two years ago my brother invited his co-worker and wife to my home for dinner. He was more than 350 pounds and his wife was pretty close to him. When I asked her what she did for a living, both were pretty quick to say she's on disability. When I asked her about her disability, she told me she had back pain,. As I stood in the kitchen making dinner, I asked her if she wanted a muffin hot out of the oven. She said yes, as I handed her the muffin, she asked me for some butter for the muffin, I gave her a few slices and she asked if she could have the whole container. I stood there and watched this lady literally eat four muffins and an entire container of butter. I was floored and thought what a big fat pig. This lady was no more disabled than an active athlete. I asked her if she would ever go back to work and she told me no way "we have everything we need and are happy with the 1 income and the disability".
I think the sytem should go back and adopt the same requirements as the Welfare system. Provide a system to help people go back to work rather than letting them stay home and collect ssdi. More than 70% on SSDI at somepoint will perform some work and earn money whether honestly or under the table. Give these people that have minor ailments the opportunity find real jobs and contribute to society. Many won't work for fear of losing their benefits and that's understandable considered whatr they have to go through to get them in the first place.
I believe if people were allowed to collect the SSDI while working full time towards career goals the system would be diffeerent. We should have a system in place with incentives to work, earn and pay taxes even after approved for disability. Some people of course will not be capable of returning to work, but unforturnatley there are so so many that can return to work, but once they start getting that free check.....
I have Hepatitis C and Diabetes and getting out of bed is a huge chore, I migrate to the couch and lay there before I have to go to work, My co workers ask why Im sick all the time and look like crap, I make up stories because I don't think It's any of their business, After reading these stories I realize I'll probably die before I get disability!
Hi Mel
I am not sure what to tell you. As you already know, the system has problems. As for qualifying SSDI, SSA or an ALJ judge has to find you disabled. You have to prove you are not capable of working any job in the national economy. This is very hard for most claimants to prove. The best way to prove is have your doctor fill out a Residual Functioning Capacity Form (there's a link for it in one the earlier comments). When he or she fills it out, they have to rate you as being able to work at less than a sedentary level. Unfortunately, many doctors are not familiar with SSA's rules and do not know what the qualifications for disability are.
Secondly, as far as getting people off it, once you get it, it does not necessarily mean you can keep it. Dependant upon how severe your disability is and your age, SSA does a CDR (continuing disability review) every so many years. If you have shown significant improvement, they take you off it.
SSA does have a ticket to work program. The problem with that program is the income guidelines. If you can earn a sustainable income ($1000/month for 2010) for so many months out of a four year period, they take you off it. The problem is that although they consider 1000/month a sustainable income, in today's world after taxes, car repairs, gas, etc., it is not a sustainable income, especially if you have children. Considering this, most SSDI recipients are going to keep their wages below this level.
There have been problems with this system for a long, long time. Another problem is that people don't fight for what is right usually until they or their loved ones become disabled.
Your best bet in getting SSDI is learning as much as you can about how the system works. SSA has a website where you can familiarize yourself with all the laws concerning disability. Once you are denied, get yourself the best Social Security disability lawyer you can. The fee is the same whether they are an advocate or a lawyer. Do not hire an advocate because they can only take your appeals up through the Appeals Coucil. If you have to appeal past the appeals council and you have an advocate, you'll have to start over because lawyers don't want to take over a case that has already been denied at the Administrative Law judge level of appeals. If you have to start all over this seriously hurts you because another qualification for SSDI is that you need to have five years of work credit out of the last ten years. If you don't have at least five years of credits out of the last ten, you no longer qualify for SSDI. In that case, you'll only qualify for SSI or Supplemental Security income. Rather than your monthly payments being based on your prior wages, it's based on need instead. Consequently, you only make around 650/month, and unlike SSDI where you can earn additional wages up to the point of the sustainable income level, with SSI, if you work so many dollars of your earned income are deducted from monthly benefit.
For applicants who really understand the system, I think most people would rather work than recieve SSDI. It is a literal hell to go through the process of getting disability.
If you haven't applied for disability yet, my advice to you is:
1. When you fill out your paperwork, document ALL of your medical problems. Don't underplay them out of pride.
2. Try to get objective medical evidence to prove medical problems.
3. Hire the best lawyer you can not an advocate. Although you will have to pay them a fee of $6500.00 out of your back pay if you win, it's worth it, since it will help you get what you rightfully deserve, and it will save alot of worry, frustration, and headaches.
Best of luck, Mel. I know it feels like the end of the world, but don't let the denials discourage you and get you down. The vast majority of claimants, get their denial reversed at the ALJ hearing when they have an attorney. If you have any questions, please write back. I'll try to answer them if I can.
Hi Bruce
Your comment saddens me. I can imagine how tired you are between the hep C and diabetes. Although it is defintely frustrating and scarey going through the process of getting SSDI, please don't give up if you can't work anymore. Read through my comment to Mel and follow the advice I gave him, it will make the process easier.
Have you filed alreay? If not, fill out your application very carefully. List all your medical problems, and if you don't have objective medical tests, start working on getting the tests done needed to prove your disability.
For instance, I am sure you are struggling with depression in light of your situation. So list that if you are depressed. However, you will need to do more than you're depressed. You will also need to seek counseling to prove it.
Secondly, be very careful when you fill out the daily activities part. Be honest about what you actually can't do. For instance, if you can longer clean your clean your house or particpate in activities because of fatigue, put it down. Tell just exactly how your disability has adversely impacted your life. Don't underplay it. Many times SSA will use activities you put down in your daily activities to deny you so fill out this part very, very carefully.
Although many attorneys won't take you as a client until you have been denied at least once, get a lawyer as soon as possible. It does make a difference. I can't remember for sure, but I think you have a 60% better of a chance getting SSDI with an attorney. Your first appointment with an attorney to discuss disability is usually free, and when you hire one, they don't get paid unless you win.
If you have any questions, write back. Don't give up. Most people who persist usually do win eventually.
God bless and take care
SSDI is like an out of control frieght train... It is no wonder why obesity rates are on the rise... Severe laziness & people looking for free rides and early retirement @ age 21 to sit on their asses and net all day. Anyone can claim they are experiencing chronic pain.. Add a bunch of bogus diagnosis and appeals, you got your self disability !!! You should be ashamed being on disability other then the probably 3% of legitimate disability cases... If you have to sit in one of numerous forums discussing how you can get it, then rant and rave about being on it and feeling like you hit the lotto or have retired early, more cases should be denied. The whole appeals and lawyers to get approved is an absolute joke. This is the bullshit government should be regulating.
Ralph
As with any government program, I am sure there are people that abuse it. However, if you're truly disabled, it is sheer hell going through the disability process. Since most people are denied on the initial application, they have to wait for two years plus to appeal the decision to an administrative law judge. During that time, most of them have no money or insurance benefits. If you're in that situation, it is truly a terrifying experience. Even after the decision is reversed, you still have to wait an additional five months before the cash benefits start and two years before a claimant is eligible for Medicare. Furthermore, the cash benefit is usually not enough to live on so things are always tight. To make matters worse, every so many years you have to go through a continuing disability review where you could lose your benefits. I honestly believe the majority of claimants would rather work than go through this nightmare.
As for the lawyers, I agree. SS claimants should not have to hire a lawyer and pay a fee of $6,500 if they win their case.
In cases of chronic pay, you would have to walk in their shoes before you can completely understand. I honestly hope you or one of your loved ones never have the misfortune of being disabled and going through this process.
Well i understand alot of their rules, but i also disagree on alot of it too i say that because of what i went through, see im 23 i had broke my hips startn at tha lower part of my spine down to my hips, i mean a cast from my waist down had to learn how to walk all over again n i applied and was going through the steps they had me goin through well the lady i talked to from the determination office had told me if i couldnt make my appt. she would reschedule my appt. and i couldnt miss this one well i never had got any mail saying she did well i was in a moving period so i call her and ask her has she sent out those papers, and she hadnt sent them so i told her i had moved so she had upgraded my files and that was that, well the next few days i had got letter saying i was denied because i missed my appt. ,after the fact she said she was going to reschedule my appt. now im going through alot because i cant work
Hi Mollie
If it was for your initial application, they should have been able to do a phone interview.
Our country is terrible now.I myself worked all my life Iam alomst 51 yrs. and cannot work.I was let got due to the fact I could not physically do my job anymore and it was a sit down job.Sad to say still waiting have an attorney and time is short and cobra is alomst out and funds as well they dont care they keep the money when people die thats the plan.No wife or husbanc keep the money and tell eveyrone no until they die so so say they stories hear depress me evan more...
I have MS and have been denied twice. I saw a ALJ last week so now I'm waiting to see what his decision is. It is so frustrating. I have 7 years of medical evidence and I'm still having to wait for a decision. The USA is the greatest country to GO BROKE AND GO WITHOUT. Too sad...
I had my hearing after the long wait to find I get wait another long wait for a decion such crap so sick of it now the kicker I have copd and heart trouble caused by the lung deseas th judge looked at me and said copd well when will you get better i said i wont ever get better he said oh bull you need a new doctor they filled your head with crap!!!!!!!!!!!!!!!!!!!!!!!! hey the judge is now a doctor too come im ready to protest and fight who wants to start a raley and fight this crap
Hi Everyone
I know the system sucks. All I can say is that if you really need it, don't give up after a denial...keep fighting! After your first denial, get an attorney ASAP. You don't need money up front as they take a portion of your back pay if you win. Your doctor's support is very important too. When you first apply, ask your doctor to fill out a residual functional capacity form. Otherwise, if you don't, SSA will have their doctors fill one out without even seeing you, but if your doctor fills one out, they have to take your doctor's opinion over the SSA doctors. I wish you all the best!
Hi Everyone
To all of you are looking for more info on getting your SSDI. Gordon Gates, a disability attorney, has an excellent blog. The url is http://www.socialsecuritydisabilitylawyer.us/blog/
My husband just received his letter from the hearing - it was "unfavorable"... the letter seemed to contradict itself throughout- it would say that his condition is severe and is listed as one of the disabiling conditions but basically it's now severe enough for them. It said that they gave moderate consideration to what our family doctor had provided, no consideration to what the orthopedic doctor said and that according to their doctors - who have NEVER examined my husband, the pain he has from his severe condition does not preclude him from all jobs. The vocational specialist at the hearing even testified that my husband can not perform any work based on his condition. I just don't get this - now we have to go to the next level and it is my understanding from all that i have read that they very seldom if any overturn the hearing results. This is so frustrating!
I am wondering why we have so many disabled people in America? Is safety and health at a all time low. Maybe the lack of health care is keeping us from preventing some of these things. Personally, I believe half of it is poor nutrition that has been bought and sold and approved on research done by the people who sell this life style to us. We have a health crisis in this country that is bankrupting this nation and the World eventually. Bought and sold since birth by television most of you probably choose not to believe it.
I have been waiting 2 years now. They turned me down two times, now I'm waiting for a court date. I have mental issues and ALOT of trouble leaving my home! I do have a lawyer and have had one since day one. With all my depression and panic attacks waiting and waiting is very stressful on me and my wife also. I dwell on my health 24 hours a day.. Heart attack fears ect. I find I dwell on my Ssdi case also.. They say I can work? But I can't even go shopping for food! My wife needs to do all things that need to be done outside our home. I feel if I'm turned down after a jugde sees my case I will have a break down. That I won't be able to recover from this time.
I was denied for the third time and my attorney said that it is all he can do now that I would have to find someone else because he does not handle any civil court cases, so now whatdo i do after waitng for four years and still be told that i don't qualify.
@ Laurej
Rather than appealing the ALJ's decision, you would probably be better off filing a new claim, but you will lose any of your back pay from filing this time. One thing I stress, if you refile make sure you turn in new medical evidence...either a new a condition or a worsening condition. Otherwise, if you don't, they can throw your case out. I'm sorry you're going through this. I know it's not fair.
@ Sanxuary
You are probably right. I am sure nutrition and obesity play a role in some people's health problems ie. diabetes. However, Americans are living longer too.
@ Scott
I understand how you feel. For most people, fighting the Social Security system is a literal hell. And with the dismal economy, it is harder for people with problems to get jobs nowadays.
@ Rudy
I know it sucks, but you only have two choices...either file a new case or try to go back to work. As I told a commenter earlier, if you refile, make sure you have new medical evidence, either a new condition or a worsening condition. The next time around if your doctors will fill out residual functioning capacity form stating your abiblities from the very beginning, it will help. There is a link on where to get the form earlier in the comments. Take care
I've been denied three times now the pain sadness and rejection that I have received with the whole process has lets say been overwhelming to say the least. I first went with an advocate which informed me that at the age of 30 i needed to apply for not only social sec disability i also had to apply for ssi since a car wreck at age 16 had been the root of my disaility and so we did then after appeals she quit on me due to family problems when my next appeal came they sent the papers for my father not me to appear i never knew it was for me after several attempts to get my advocate release me time ran out no lawyer would take my case i have degenerating bone disease condgestive heart disease tacahardia high blood pressure ahthma
i am in so much pain all day every day now at age 41 i was again denied after another app and appeal some judge denied me again due to some chavez law my attorney wrote me and said all though he believes i disabled he wont appeal but to come see him and he will file again this was 2009 im just ready to expire i cant keep fighting any more if any one has some thing to help me out plz let me know asap thnk uuuu
Dear Giving Up
Don't give. Unless you can go back to work, how will you survive? Believe me, I do know how you feel. I went through the same thing --- three denials. I reapplied the second time, and I got it. You need to find the best attorney you can not an advocate. They're the same price regardless of which you choose. If you're not seeing a pain doc already, then go. Ask them to fill out a residual functioning capacity form for you. You can find the link in the comments above. If you're depressed, go to a counselor too. That will also help prove your case. My prayers are with you.
This is a very good hub. There are too many people relying on SSI to pay their way. Those of us nearing SS retirement can't even rely on the retirement we paid for. There is always a job for everyone. We just don't have the system in place to look for meanful employment for people. There is a saying, "Employment is nature's physician". Discrimination is a big issue in this country at this time. People in human resources for corporations and company's don't even call references or try to put people to work. Your moral and your self-esteem would be bolstered 10 fold if someone would give you a job to do; that you could earn your own way. You are very Right. People are dying because of neglect. May God Bless you.
My husband fights this same battle. If not for the Larry King Cardiac Foundation he wouldn't be alive today. Never mind the taxes he's paid since beginning work at age 17, age 15 for me. This isn't the same country I have always loved. It takes care of everyone except Americans.
Windtraveller 2 years ago
The idea that people would rather be on welfare than have a job is ludicrous. Nothing gives a person more satisfaction than to earn your own keep. Even in a nation like mine, where welfare is well organized there's no malingering. Given half a chance people want to have their lives be meaningful to other people.
Putting more judges on staff is like mopping up while you leave the water running: it's not going to help any unless the denial rates come down. That involves trusting your own people.