Disability benefit denials, delays ravage lives of claimants

Comments on Topix forums : The horror stories roll off their tongues like a litany: claimants who die while they wait, families falling apart, bankruptcies, homelessness, even suicides.

[HUH]

From my experience I think this story is a one sided piece of lawyer spin. I had always heard such stories and when I helped my brother fill out some papers for social security disability,for a TRUE disability that caused him to leave working after some 25 years of being gainfully employed, I advised him that it might take years. But I simply helped him fill out the forms and attach documentation from his doctors and to my amazement it was approve3d in less than a month! ALso with all the people I have met over the years who clearly are scamming the system with "fraudulent" disabilities, one can only expect the gov't to look closely at applications... So maybe the delays are more a function of poorly prepared documentation and "fake or overstated" disabilities in many of these cases.

[What]

HUH wrote:

From my experience I think this story is a one sided piece of lawyer spin. I had always heard such stories and when I helped my brother fill out some papers for social security disability,for a TRUE disability that caused him to leave working after some 25 years of being gainfully employed, I advised him that it might take years. But I simply helped him fill out the forms and attach documentation from his doctors and to my amazement it was approve3d in less than a month! ALso with all the people I have met over the years who clearly are scamming the system with "fraudulent" disabilities, one can only expect the gov't to look closely at applications... So maybe the delays are more a function of poorly prepared documentation and "fake or overstated" disabilities in many of these cases.

Is your brother in N.C.?

[Carolinakat]

I knew a woman who died of her disability before she ever received disability benefits. She was denied twice.

[MurphyMobile]

One doe not need an attorney to apply or get disability benefits.

If you fill out the application and hear from someone within a month there is a 99.9% chance you will not get it.

The system will want to send you to their list of drs. Then that dr. will "recommend" a lawyer.

Don't fall for that.

The most important thing one needs to get disability through Social Security (SS-D)
not SSI (which restricts your assets) is DOCUMENTATION throught regular doctor visits.

I am curious how much this woman gets with her
2 children. All of them are on the road to morbidly obesity.

And the strange thing about SSI the families
go to the food pantries which are loaded with
boxed foods full of starches, juice drinks that contain 2% real juice.

[HUH]

What wrote:

<quoted text>
Is your brother in N.C.?

Florida.....Aren't the rules for SSD federal and aren't the federal SS employes in FL following the same policies/guidelines as the ones in NC? This is not a state thing but a fed thing. Also, regarding a previous post, my brother sent in documentation from his doctors....and his situation was well-documented...

[Smiley Face]

This is definately a lawyer spin story. I am tired of these fatasses whose goal in life is to "get my disability."

[Carolinakat]

HUH wrote:

<quoted text>
Florida.....Aren't the rules for SSD federal and aren't the federal SS employes in FL following the same policies/guidelines as the ones in NC? This is not a state thing but a fed thing. Also, regarding a previous post, my brother sent in documentation from his doctors....and his situation was well-documented...

While Social Security Disability is a federal program, it is administered by each state and the state decides who is eligable and who is not.

[Liz]

I am on disability in SC. I saw a Judge who refused to admit into evidence a valid not expired court award of disability granted by the Social Security Administration. I worked with my disability while I could. The price of that working has been quite high, everything I owned. I was jerked around through a fake Appeal, having forged remand orders in my file and another Judge refusing to see me on remand. Probably because the whole thing was a sham. There was no cash award for the second hearing!
Then I have direct proof and evidence that the Columbia SC SSA employees established an SSI account in my name and someone has been receiving money in my name or SSN for two years.
I have a fraudulent Inspector General report. I called Mr. OCarroll the IG personally and told him this.
Nothing has happened since.... so I reckon the whole entire system has been politically corrupted by the Republican regime. I know the SC politician who have obstructed my right to use the system. I guess no one cares. I care, I care a lot about loosing my home and everything I worked for as a disabled citizen for eleven years.
Disabled people should NEVER try to work again. Do not ever give up your benefit. You will not get it back. It's a one time shot... proven by me.

[SSDC]

During 2006 and 2007, at least 16,000 people fighting for Social Security Disability benefits died while awaiting a decision (CBS News Report – Disabled And Waiting - 1/14/08). This is more than 4 times the number of Americans killed in the Iraq war since it began.
During 2007, two-thirds of all applicants that were denied - nearly a million people - simply gave up after being turned down the first time (CBS News Report – Failing The Disabled - 1/15/08)
In 2007 there were 2,190,196 new applications for SSDI benefits, and as of April 2008 there have already been 751,954 new applications.
As of April 2008 there are about 1,327,682 total pending cases and out of that number, 154,841 are veterans.
Nationally as of May 2008, over 62% of disability cases were denied at the initial stage of the disability claims process and it took from 103.5 – 112.4 days for claimants to receive the initial decision on their claim.
If a claimant appeals the initial denial asking for reconsideration, in all but 10 test states where the reconsideration phase has been removed, 85.7% of cases were denied and the waiting time for this phase was an average of 89.3 days.
As of May 2008 over 758,000 are waiting for hearings with an average wait time of 523 days
As of May 2008 over 288,000 (38 %) hearings have already been pending over a year, and there are only 907 Administrative law judges (ALJ’s), to hear all those cases, with an average of 721.58 cases pending per judge nationwide.
Source: Social Security Administration Reports
Two-thirds of those who appeal an initial rejection eventually win their cases (New York Times 12/10/07)
According to Health Affairs, The Policy Journal of the Health Sphere, 2 February 2, 2005: Disability causes nearly 50% of all mortgage foreclosures, compared to 2% caused by death.
AARP/USA Today: Health Care To Get The Hollywood Treatment – 5/28/08 -“More middle-class people file for bankruptcy because of health care related expenses than for any other reason.”
MarketWatch: Illness And Injury As Contributors To Bankruptcy - February 2, 2005 – found that: Over half of all personal U.S. bankruptcies, affecting over 2 million people annually, were attributable to illness or medical bills. 15% of all homeowners who had taken out a second or third mortgage cited medical expenses as a reason.

[SSDC]

Disabled And Waiting - CBS News Investigation: Backlog In Disability Benefits System Leaves Thousands Of Vulnerable Americans Stranded – CBS Evening News With Katie Couric - Armen Keteyian – 1/14/08
http://www.cbsnews.com/stories/2008/01/14/cbs...
http://www.cbsnews.com/sections/i_video/main5...

Failing The Disabled – CBS News Investigation: Disability Benefits System Harbors Culture Of Denying Help To Even The Most Unfit To Work - CBS Evening News With Katie Couric - Armen Keteyian – 1/15/08
http://www.cbsnews.com/stories/2008/01/15/cbs...
http://www.cbsnews.com/sections/i_video/main5...

Disability Rejections Questioned – CBS Evening News With Katie Couric - 1/16/08 - "CBS News RAW": Rep. Lloyd Doggett, D-Texas, put some tough questions to David Rust, the Social Security Administrations deputy commissioner for disability, about a CBS report on rejection of Social Security Disability claims.
http://www.cbsnews.com/sections/i_video/main5...

Armen Keteyian's Investigation Already Has Congress Talking - Follow On SS Disability Reports – CBS News Investigates – Primary Source - Wendy Krantz – 1/16/08
http://www.cbsnews.com/blogs/2008/01/16/prima...
Sudden Reversal Of Federal Disability Of One Federal Disability Decision - CBS News Investigates – Primary Source - Wendy Krantz – 1/18/08
http://www.cbsnews.com/blogs/2008/01/18/prima...

[SSDC]

If you should suddenly become disabled and have to file for Social Security Disability benefits, you may want to consider moving before filing your application. Since Social Security is widely known as a Federal program, where you live should not affect your ability to obtain benefits. Sadly this is not the case. What most don’t realize is that after you file your initial disability claim at your local Social Security Office or online, that information goes to DDS/Disability Determination Services facility in the state where you live to be processed. There, the most crucial part of your disability claim, the medical portion, is reviewed by a caseworker/adjudicator and medical doctor on their staff who never sees you, and in most cases never even communicates with you at all. Then they decide whether or not they feel you are disabled based on the information that you and your doctors have provided.
See GAO-04-656 SSA Disability Decisions which can be found at:
http://www.gao.gov/new.items/d04656.pdf

What would be an incentive for states to deny Federal claims? Since many Social Security Disability claims are SSI or both SSI/SSDI combined claims and many states offer to supplement SSI payments at a higher benefit amount, therefore they want to keep as many off the rolls as possible so they do not have to pay out this supplement. Thus the explanation for the fluctuation in denial/approval/backlog rates by state. Unfortunately there’s very little if any oversight, on these state offices to ensure they are making the proper decisions on disability claims. I personally have caught them in fraud, negligence, and major security breaches in the processing not only of my case but other cases as well. That’s why so many claimants appeal to the hearing level, where a huge percentage of bad state decisions are overturned and cases are finally approved. If better decisions were made at the initial stage there’d be no need for hearings in the first place, yet it seems this fact has been greatly ignored. For the future, the most ideal customer service scenario would be to have ALL phases of the disability claims process be handled directly out of the SSA field offices. Since SSDI/SSI are Federal benefits why has a State DDS level been added to this process at all? One must question why this common sense solution has not been instituted. SSA, Congress and the GAO must look into reforming this program in such a way that ALL who handle benefit claims are Federal employees and consolidate ALL phases of the SSDI/SSI process into the individual SSA field offices throughout the nation.

[SSDC]

The Stigma That SSDI Claimants Encounter

SSDI claimants were once hard working, tax paying citizens with hopes and “American dreams” but due to an unfortunate accident or illness, have become disabled to a point where they can no longer work. SSDI is not welfare, a hand out, reward, golden parachute or jackpot by any means, and most people would be hard pressed to survive on it. Yet, often claimants are treated like criminals – viewed as frauds trying to scam the system, and that the SSA must “weed out” them out by making it as hard as possible to get benefits. Yes, I’m well aware as I write this, that there’s some who’ve abused the system and that’s a shame, because it casts a bad light on those who really need this help. The percentage of claims that in fact, aren’t legitimate is very miniscule and there are methods in place to “filter them out”, without causing harm to legitimate claimants. In 2007, the average monthly Social Security Disability Insurance (SSDI) benefit was only $979 (Social Security Administration, Fact Sheet 2007). Nobody in their right mind would want to go through this process, and end up living in poverty on top of their illnesses, if they could in fact work. They would much rather have their health back and the jobs they once had before their lives were changed by their illnesses or accidents.

They say you can judge a country by how it treats its most vulnerable citizens. Based on my own personal experience, and from what I have seen and heard over the last several years, the USA should hang its head in shame. Nobody ever thinks this sort of scenario can ever happen to them. Remember disease and tragedy do not discriminate on the basis of age, race or sex. If you think this could not happen to you – you could be DEAD wrong!

[SSDC]

You Can Fight And Win Your SSDI Claim On Your Own – It Is Not Mandatory To Have A Lawyer...

A bit of advice here – Take as active a roll as you can from day one when you apply for benefits, and if you are too ill, try to get a trusted family member or friend to advocate for you. Here is where the “Squeaky wheel gets the grease” totally applies! Why should you need to pay a lawyer to get benefits that you have earned? This process should be set up so there is very little need for cases to advance to the hearing and appeal stage since that is where the major backlog and wait time exists. In order to avoid a hearing, gather as much medical evidence as you can before you apply to prove your claim so your chances of approval at the initial stage are better. Also another bit of very important info, is that you need to list EVERYTHING that is wrong with you both mental and physical, and how these conditions prevent you from performing any sort of work or daily activities. The current SSDI claims process is set up to line the pockets of the legal system, as you are encouraged from the minute you apply for benefits to get a lawyer. The need of lawyers/reps to navigate the system and file claims, and the SSD cap on a lawyer's retro commission is also a disincentive to expeditious claim processing, since purposely delaying the claims process will cause the cap to max out - more money to the lawyer/rep for dragging their feet adding another cost burden to claimants. In other words the system is structured so that it is in a lawyer’s best interest for your case to drag on since they get paid 25% of a claimant’s retro pay up to $5300 – the longer it takes the more they get. From the horror stories I hear from other claimants, many attorneys are definitely taking advantage of that situation. Instead, SS should provide claimants with a listing in every state, of FREE Social Security Disability advocates/reps when a claim is originally filed in case their services may be needed. So if you decide that you cannot do this on your own, there is free help out there if you look for it, or keep after your attorney every step of the way, as there are things that can be done to speed up this process, and do not let them tell you otherwise.

[What]

HUH wrote:

<quoted text>
Florida.....Aren't the rules for SSD federal and aren't the federal SS employes in FL following the same policies/guidelines as the ones in NC? This is not a state thing but a fed thing. Also, regarding a previous post, my brother sent in documentation from his doctors....and his situation was well-documented...

I had asked because the article stated how NC was among the worst states with these statistics. Carolinakat explained the rest.

Still, I don't think you are entirely off base with your suspicions. We shouldn't have to need a lawyer and I'm not so sure an article where one claims a high number of suicides among her clients to be encouraging proof that hiring a lawyer for this makes any big difference anyway.

[skinny]

HUH wrote:

From my experience I think this story is a one sided piece of lawyer spin. I had always heard such stories and when I helped my brother fill out some papers for social security disability,for a TRUE disability that caused him to leave working after some 25 years of being gainfully employed, I advised him that it might take years. But I simply helped him fill out the forms and attach documentation from his doctors and to my amazement it was approve3d in less than a month! ALso with all the people I have met over the years who clearly are scamming the system with "fraudulent" disabilities, one can only expect the gov't to look closely at applications... So maybe the delays are more a function of poorly prepared documentation and "fake or overstated" disabilities in many of these cases.

When I first read this post, I thought it was my sister. Our brother got sick a week before christmas, he had cancer in his face. He has worked all his life, not always on a public job but doing mechanic work etc. Anyway, by March he was approved and receiving disability. He will quit taking it when he is recovered enough from his 13 hr. surgery. Maybe he was an exception to the rule, but it was a matter of a few documents etc.

[skinny]

BTW, this happened in Bumcombe County

[Hard worker]

What ever! It looks like they have had plenty of money so that they wouldnt starve! And I'm a plus sized women! I WORK!!!!!! Again, WHAT EVER!!!!!!!!!!

[NC Gal]

Where I work, two of our pt's are trying to get disability and are twenty years younger than I am and they both are over 300 pounds. That makes me so mad! Lose the weight! I once was over weight and realized how it effected my life and lost it! Like Hard Worker said, WHATEVER! NO SYMPATHY HERE!

[Yep]

Liz wrote:

I am on disability in SC. I saw a Judge who refused to admit into evidence a valid not expired court award of disability granted by the Social Security Administration. I worked with my disability while I could. The price of that working has been quite high, everything I owned. I was jerked around through a fake Appeal, having forged remand orders in my file and another Judge refusing to see me on remand. Probably because the whole thing was a sham. There was no cash award for the second hearing!
Then I have direct proof and evidence that the Columbia SC SSA employees established an SSI account in my name and someone has been receiving money in my name or SSN for two years.
I have a fraudulent Inspector General report. I called Mr. OCarroll the IG personally and told him this.
Nothing has happened since.... so I reckon the whole entire system has been politically corrupted by the Republican regime. I know the SC politician who have obstructed my right to use the system. I guess no one cares. I care, I care a lot about loosing my home and everything I worked for as a disabled citizen for eleven years.
Disabled people should NEVER try to work again. Do not ever give up your benefit. You will not get it back. It's a one time shot... proven by me.

SC is fortunate to have Republicans running the show, because NC has been COMPLETELY CORRUPTED by 100 years of democrat RULE.

[yona]

I have heard horror stories from people trying to get SSI and people I knoe that help people file for SSI. It is awful when some people have to wait years for benefits. While at the same time who can ever explain why some people get approved on their first application.

My gripe is the rampant fraud that is being perpetrated on SS. I know a woman with virtually no disability (can't state her claim to maintain my anonymity) and her son, her exhusband, and half a dozen friends all get full disability. None of them are truely unable to work disabled. The woman, in fact is a bit of a mogule but doesn't report her income so she gets full SSI payments.

SS should requier a more stringent review process with an interview. Something face to face. Oddly enough most of these SSI determinations are made using third party evaluations.

It's our tax money at work and those in need should be cared for. Those that claim, oh I got tennis elbow and am permenantly disabled, shouldn't get SSI!