Delays, hearing backlogs keep injured workers from the benefits they're due
| Monday, Nov 30 2009 10:35 PM
Last Updated Monday, Nov 30 2009 10:37 PM
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A hearing is scheduled in April 2010 for a Bakersfield woman who has been waiting since 2006 to get approval for Social Security disability benefits. That's right, four years.
My client, who suffered a serious work-related injury, was initially denied benefits in October 2006. Her application has gone through the process of reconsideration, denial, request for hearing, denial and appeal of denial. Finally, she has been granted the April hearing. While her disabilities are serious, it is a good thing they are not fatal. Otherwise, Social Security could have waited her out, allowing death to resolve the matter.
Regrettably, that is what often happens. And with a recent spike in the number of disability applications pouring into Social Security offices, the tragic consequences of long-delayed decisions are growing.
Extenuating circumstances, including a change in legal representation, contributed to the delays in my client's case. But Social Security's refusal to seriously consider the psychological consequences of a physical injury, or consider a worker's inability to perform previous tasks contributes to delays. It is common for applications to languish for years, while disabled workers go without the benefits they desperately need.
As the nation struggles with the worst recession since the Great Depression, Social Security disability applications are expected to jump 70 percent this year. Aging workers who have stayed in their jobs despite disabilities are being laid off and are unable to find new jobs. Their "pre-existing conditions" disqualify them from re-employment. An increasing number are turning to Social Security for early retirement and disability benefits.
Claim processing is done on three levels. According to the Social Security Administration's 2008 report, only about 31 percent of applicants were awarded disability benefits at the initial application level between 1998 and 2007. At level two, administrative reconsideration, only 4 percent won approval. At level 3, a hearing before an administrative law judge, 13 percent succeeded.
Social Security administrators contend filing for disability benefits is simple. Just go onto the agency's Web site, www.socialsecurity.gov. But most disabled workers would disagree: After their initial applications are rejected, many applicants end up having to hire attorneys to battle a system fraught with red tape, onerous evidence restrictions and high medical examination hurdles.
This fall, judges who hear Social Security disability appeals contended the system must be improved. Despite the recent appointment of more judges, the increase in filings has continued to swell the hearing backlog. Judges concluded too many legitimate claims are being routinely rejected at the initial filing stage, sometimes for no logical reason. Their comments came during an Association of Administrative Law Judges conference in New York.
Clearly, the system needs reform. But in the meantime, I urge disabled workers:
* Don't wait too long. It takes an average 30 days to 100 days from initial application to receive either an award or initial denial. Once a person is approved, there is a five-month wait before monthly checks start to arrive. Delays can affect the start of Medicare coverage and the rate of benefits payment.
* Get organized. In preparing your application, gather your medical records, and lists of your doctors and medications. Document your physician's objective view of your condition, restrictions and limitations.
* Get legal help. Because of the application backlog and the increasing number of claims being filed, many attorneys may be too busy to take on additional clients; however, most will offer a free initial consultation. Non-profit organizations, such as Greater Bakersfield Legal Assistance, also are available to provide legal representation. But they often require applicants to provide two rejection letters from attorneys before accepting a case.
* Be persistent. Once you apply, don't get discouraged. Remember, there are deadlines in each step of the process.
Don't give up on the system because it seems that the system has given up on you.
John Tello is a Bakersfield attorney who handles Social Security disability claims.
