Social Security Disability-Getting Started

Sound recommendations for getting started with a Social Security disability claim (and useful resources) from The Cleveland Plain Dealer.

“Applying for social security disability benefits? Most applications are initially denied. Advocates and lawyers weigh in with tips that may help your case end up in the "yes" pile.”

http://www.cleveland.com/healthfit/index.ssf/2018/01/applying_for_social_security_d_1.html

Courage on the Killing Field

Lord please make me like the people who found themselves in the gunsights of the Las Vegas killer and despised the role of victim, who instead became first responders by moving their confused and wounded neighbors off the killing field.

The Chicago Tribune said of Sunday's Las Vegas massacre, "Surveying the scene, we were struck less by the detritus of a massacre site — water bottles, backpacks, drink cups — than by small scenes of people pushing back against an onslaught. The strangers shielding one another from shrapnel, the locals guiding refugees in shorts and blue jeans to escape routes, the man gamely transporting a wounded victim by wheelbarrow. … All remarkable, all to be honored. If there’s meaning in what happened Sunday night, it’s in the selfless acts of music fans and first responders."

http://www.chicagotribune.com/news/opinion/editorials/ct-edit-vegas-aldean-concert-massacre-20171002-story.html

The death that Satan wishes to inflict on everyone is far more horrible than slaughter by automatic rifle fire. The rescue that Christ delivers is more stunning and complete than even the wonderful rescues in Las Vegas.

It is a blessing to receive another day to live and breathe and walk this earth. It is more a blessing to receive eternal life from Jesus Christ.

Lord may I today and always be living my life like Christ, keeping His message of salvation ready at hand.

Proverbs 24:11

October 5, 2017

Sun or Candle?

"Man is taken up with the candle of creature comforts. Let him once see the sun of righteousness, the all sufficient and eternal God, the excellence of His glorious being, and that which was glorious before has no more glory in comparison to the sight of God." George Swinnock, 1627-1673

... the federal government will stop seizing the tax refunds of Americans whose long-dead parents had incurred debts to Social Security many years earlier

"After three years of complaints and pressure from taxpayers, the federal government will stop seizing the tax refunds of Americans whose long-dead parents had incurred debts to Social Security many years earlier." WASHINGTON POST, May 12, 2017

https://www.washingtonpost.com/politics/us-to-stop-seizing-tax-refunds-to-pay-off-old-family-debt/2017/05/12/62f3d68c-3753-11e7-b412-62beef8121f7_story.html?utm_term=.e396116506b3

Curious How to Reenter the Workforce After SSDI?

If you are wondering how to reenter the workforce after a stint on Social Security Disability Insurance (SSDI) benefits, may I make some suggestions based on my observations and research? 

The first thing you want to do is stir up your own thinking – and reenergize your motivation to return to work. The next thing is contacting your state or local vocational rehabilitation (VR) agency. And remember, a good attitude is the most important tool you can use to interest them in providing maximum help. 

VR providers have testified (in hearings) that the motivation of clients is key to successful vocational rehabilitation. Enthusiasm in a potential client motivates vocational counselors to invest their time and limited agency funds in people who are determined to get back in the workforce. 

Unhappily, a long period of dependency on SSDI can reduce a person’s motivation. Long periods of unemployment can rob a person’s confidence that they can work, and weaken skills that formerly bolstered their confidence. The person may be struggling with poor morale. 

The individual who seeks VR services can prevail over this real obstacle by remembering, researching, and resolving. 

Remembering: Think about the activities you have enjoyed formerly. Describe them in writing. This exercise helps you recall skills, talents, and interests that can apply to other jobs.  

Researching: Check the Internet website O*Net (http://www.onetonline.org) to learn the kinds of jobs that may be available in the economy. Some jobs may spark your interest and involve skills you have or can potentially develop through education or VR – this can become a powerful talking point when discussing options with a VR counselor!  

Resolving:  Put what you have remembered and research into action. Contact your state or local rehabilitation agency and express your desire to pursue these kinds of jobs, knowledgeable of the kinds of education and training that will equip you to open other employment doors. (For contact information on state VR agencies go to: http://askjan.org/cgi-win/TypeQuery.exe?902)

Of course, many people are concerned about losing SSDI benefits before assured that they can work steadily. Your VR agency can advise about legal protections for SSDI benefits while you become equipped to work or can refer you to another qualified source.

In short, a person with disabilities who wants and needs to work can make a better case for   gaining necessary vocational rehabilitation assistance by remembering former enjoyable activities and researching the jobs in this economy. An informed and well-prepared presentation to a vocational counselor helps the counselor make a better connection between the client and employment opportunities.      

I  welcome your experiences and suggestions.  

2015 Annual Adjustments Affecting SSDI Benefits - Compared with 2014

Cost of Living Increase. There is a 1.7% cost of living increase for benefits payable in 2015. There was a 1.5% cost of living increase in 2014. This increase applies both to Social Security Disability Insurance benefits, and Retirement benefits. 

Substantial Gainful Activity (SGA). Earning While Disabled. Social Security Disability Insurance (SSDI) beneficiaries in 2014 will be able to work and earn up to $1,090 a month without forfeiting their monthly checks. Effective January 1, 2015, if earnings exceed this amount the Social Security Administration (SSA) will consider the earnings to show "substantial gainful activity" or "SGA". (A higher SGA amount - $1,820 a month - applies to blind individuals.)

In 2014 the SGA amount is $1,070 a month ($1,800 for blind individuals). SSA Fact Sheet: 2014 Social Security Changes, http://www.ssa.gov/news/press/factsheets/colafacts2015.html.

Why is this important? If a beneficiary earns more than the SGA amount for a sustained period, this could trigger a continuing disability review and could cause SSA to stop benefits. Or if one is applying for SSDI benefits and earning at the SGA level, this could lead SSA to deny the claim. References:
How Work Affects Your Benefits, www.ssa.gov/pubs/10069.html
Redbook, http://www.ssa.gov/redbook/eng/definedisability.htm#a0=1

Trial Work Month. A "trial work month" in 2014 will be any month in which earnings exceed $780. The 2014 amount is $770. SSA says:

“The trial work period allows you to test your ability to work for at least nine months. During your trial work period, you will receive your full Social Security benefits regardless of how much you are earning as long as you report your work activity and you continue to have a disabling impairment.”

A trial work period may be several stints of occasional work that add up to a total of nine months over a five year period, or may be a continuous nine months in a five year period.

See also Working While Disabled, http://www.ssa.gov/pubs/EN-05-10095.pdf

Profiles in Courage?

Why do federal politicians enact a clumsy new health "system" that adds heavy taxes on all Americans, but refuse to reform the finances of Social Security where American workers largely fund their own retirement and disability benefits? Tom Margenau, a former Social Security staffer explains in, "Politicians Punt Again …".

Social Security Disability - 25 New Compassionate Allowance (CAL) Conditions Speed Claim Handling

From the Social Security Administration Press Office 

Carolyn W. Colvin, Acting Commissioner of Social Security, announced  25 new Compassionate Allowances conditions on January 15, 2014, including a dozen cancers, bringing the total number of conditions to 225.  The Compassionate Allowances program expedites disability decisions for Americans with the most serious disabilities to ensure that they receive their benefit decisions within days instead of months or years. The new conditions also include disorders that affect the digestive, neurological, immune, and multiple body systems.

SSA - New Compassionate Allowance (CAL) Conditions Added 1-15-2014

1. Angiosarcoma
2. Atypical Teratoid/Rhabdoid Tumor
3. Chronic Idiopathic Intestinal Pseudo Obstruction
4. Coffin- Lowry Syndrome
5. Esthesioneuroblastoma
6. Giant Axonal Neuropathy
7. Hoyeaal-Hreidarsson Syndrome
8. Intracranial Hemangiopericytoma
9. Joubert Syndrome
10. Leptomeningeal Carcinomatosis
11. Liposarcoma- metastatic or recurrent
12. Malignant Ectomesenchymoma
13. Malignant Renal Rhabdoid Tumor
14. Marshall-Smith Syndrome
15. Oligodendroglioma Brain Tumor- Grade III
16. Pallister-Killian Syndrome
17. Progressive Bulbar Palsy
18. Prostate Cancer - Hormone Refractory Disease - or with visceral metastases
19. Revesz Syndrome
20. Seckel Syndrome
21. Sjogren-Larsson Syndrome
22. Small Cell Cancer of the Thymus
23. Soft Tissue Sarcoma- with distant metastases or recurrent
24. X-Linked Lymphoproliferative Disease
25. X-Linked Myotubular Myopathy

For more information go to: http://www.socialsecurity.gov/compassionateallowances/

Return to DisabilityFacts.com

SSDI: Annual Adjustments Affecting Benefits in 2014 Compared with 2013

Cost of Living Increase. There is a 1.5% cost of living increase for benefits payable in 2014. There was a 1.7% cost of living increase in 2013. This increase applies both to Social Security Disability Insurance benefits, and Retirement benefits.

Substantial Gainful Activity (SGA). Earning While Disabled. Social Security Disability Insurance (SSDI) beneficiaries in 2014 will be able to work and earn up to $1,070 a month without forfeiting their monthly checks. Effective January 1, 2014, if earnings exceed this amount the Social Security Administration (SSA) will consider the earnings to show "substantial gainful activity" or "SGA". (A higher SGA amount - $1,800 a month - applies to blind individuals.)

In 2013 the SGA amount is $1,040 a month ($1,740 for blind individuals). SSA Fact Sheet: 2013 Social Security Changes, http://www.ssa.gov/pressoffice/factsheets/colafacts2013.htm.

Why is this important? If a beneficiary earns more than the SGA amount for a sustained period, this could trigger a continuing disability review and could cause SSA to stop benefits. Or if one is applying for SSDI benefits and earning at the SGA level, this could lead SSA to deny the benefit application. For more information see the SSA publication, How Work Affects Your Benefits, SSA Publication Number 05-10069, www.ssa.gov/pubs/10069.html; and the SSA Redbook, http://www.ssa.gov/redbook/eng/definedisability.htm#a0=1

Trial Work Month. A "trial work month" in 2014 will be any month in which earnings exceed $770. The 2013 amount is $750. SSA says:

“The trial work period allows you to test your ability to work for at least nine months. During your trial work period, you will receive your full Social Security benefits regardless of how much you are earning as long as you report your work activity and you continue to have a disabling impairment.”

A trial work period may be several stints of occasional work that add up to a total of nine months over a five year period, or may be a continuous nine months in a five year period.

See Working While Disabled, SSA Publication Number 05-10095, http://www.ssa.gov/pubs/EN-05-10095.pdf

SSA Online Video Resources for SSDI & SSI

SSA Video Resources                                                          
SSA offers free video instruction on applying for SSDI and SSI. Viewing these requires Microsoft® Silverlight® software that is  available free online. Silverlight® is available for Windows® and Mac®. Silverlight® works on the Safari®browser installed on our Mac® but not on Firefox®. Others have noted this on the Mac®.

• APPLYING ONLINE FOR DISABILITY BENEFITS
• http://ssa.yorkcast.com/webcast/Viewer/?peid=e7ca0a233ce34edaae148ac218ee8d6d     
• Briefer online instructions: tinyurl.com/skilset 
• FILING A DISABILITY APPEAL ONLINE
  http://ssa.yorkcast.com/webcast/Viewer/?peid=8e6dadf4a5344dd980f786e2ff46675c1d
• HELPING YOU SERVE YOUR CLIENTS/FOR NONPROFITS/ADVOCATES 
• http://ssa.yorkcast.com/webcast/Viewer/?peid=1161d4656396432694e3ba37a833976f1d 
• LIVING WITH HIV/AIDS - SOCIAL SECURITY CAN HELP
•  http://ssa.yorkcast.com/webcast/Viewer/?peid=033b99db6f8748428ea2cc76aaae91791d 
• COMPASSIONATE ALLOWANCES-AUTOIMMUNE SYSTEM (1) 
• http://ssa.yorkcast.com/webcast/Viewer/?peid=f34c98bd055346a6bb2bbb7b716ecb091d 
• HELPING YOU SERVE YOUR CLIENTS - A WEBINAR FOR NONPROFITS/ADVOCATES
  http://ssa.yorkcast.com/webcast/Viewer/?peid=1161d4656396432694e3ba37a833976f1d 
• SSI FROM A TO Z (1)
  http://ssa.yorkcast.com/webcast/Viewer/?peid=d45a0bdab0fe4befa217ef5010d342971d 
• SSI FROM A TO Z (2)
  http://ssa.yorkcast.com/webcast/Viewer/?peid=4290cf24608c4ed4b1a9451f7ac664891d 
• SSI FROM A TO Z (3)
  http://ssa.yorkcast.com/webcast/Viewer/?peid=dea8f7831c0c4e62aaf75516854dd8d51d 
• SOCIAL SECURITY FREQUENTLY ASKED QUESTIONS
• http://ssa.yorkcast.com/webcast/Viewer/?peid=5a3637623a0b48de8b0e20a7a2cd4bb21d

SSDI moochers - NOT!

People who want a good capsule summary of the workings of the Social Security Disability decision process can find it (without political hogwash) in the article “Law Firms That Specialize in Social Security Disability,” by ex-Social Security representative Tom Morgenau.

Torrents of hostile criticism are falling on recipients of Social Security Disability Insurance (SSDI) benefits these days. Much is political and grossly uninformed.

Critics should reflect on the meaning of the term “insurance” before criticizing legitimate SSDI recipients. SSDI is insurance. Most workers and former workers have paid for it by payroll withholding.  If they qualify for benefits they should receive them – they paid for them. Some people believe they are moochers. Try mooching off this program and you will receive a different impression.

The program has solvency problems. Therefore we should aim criticisms at its architects, administrators, and overseers (Congress).  Better still, we should go to them with suggestions for a sounder more stable system that will not further impoverish people with disabilities. 

Mr. Morgenau provides a good starting point for self-education and building an informed view. It’s worth getting on his email distribution list. It not only has much useful information, but keeps readers oriented toward reality more than the politics of SSDI.

Outline gives quick overview of SSDI and its relationship to other programs

Did you ever wonder what the Social Security Disability Insurance (SSDI) program looks like from the top down - "from 30,000 feet" as the Air Force would say?

Pds Third Floor Publishing offers a free downloadable Social Security Disability Outline 2013 on its website.

First understand your disability – then fill out the Social Security forms

Let's assume you can't work and must apply for Social Security Disability Insurance (SSDI) benefits. To win benefits you must explain to the Social Security Administration (SSA) in practical terms the things about your illness that keep you from working. And you must provide evidence. If you want benefits it won't do to only say things like "my heart attack keeps me from going back to work".

To understand your disability the SSA decision maker (a disability examiner or administrative judge) needs to know the specific limitations your health imposes that keep you from working. For example, describe things like severe leg pain when you walk more than a few feet, difficulty concentrating and remembering, and taking multiple medications with side effects that take away your energy and ability to complete tasks.

You, yourself, need to understand and practice explaining in practical terms the changes that your health limitations have imposed on your previous lifestyle since you became disabled. You need to have this understanding BEFORE you fill out the SSA forms. 

The SSA forms don’t help you organize your thinking about your changed lifestyle. For this you need a resource like the Worksheets in the Disability Workbook for Social Security Applicants. Completing the six detailed Worksheets helps you think this through. They also become a valuable reference any time you talk with SSA and when you complete SSA forms like the SSA 3368 BK (Disability Report-Adult), SSA 3373 BK (Function Report-Adult), and SSA 3369 BK (Work History Report).

While practicing law I created the Worksheets because people I represented told me how hard it was to understand and complete SSA disability forms. To help my clients I developed a set of Worksheets much like those included in the Disability Workbook.

Before designing the Worksheets I sent a survey to disability examiners throughout America, and received replies from examiners in 14 states. From these replies and SSA laws, regulations, and policy I developed the Worksheets. The Worksheets have received approving comments from disability examiners and administrative law judges when filed along with official SSA forms. They have helped SSDI applicants win benefits.

When you buy the Disability Workbook in print or in Adobe Acrobat® ebook format you get the Worksheets and an Internet address for downloading additional copies.

We think the Disability Workbook and Worksheets bring disability applicants better understanding, better organization of their evidence, and greater confidence than SSA materials. In our mind that means better prospects for winning disability benefits.

How to access SSA’s fast track QDD and CAL disability decision processes

The Social Security Administration (SSA) recently adopted two fast track processes for deciding well-documented disability claims: the Quick Disability Determination process (QDD) and the Compassionate Allowance process (CAL). The agency boasts about the speed of these processes but publishes little guidance on how to gain access to them. Therefore many applicants for Social Security disability benefits are in the dark about practical ways to assure their selection into one or both processes.

Our Disability Workbook for Social Security Applicants offers a Medical Profile Sheet and Functional Checklist that assure that SSA considers a claim for fast track processing. We base this unofficial medical summary form and checklist on SSA policy directives and agency reports.

You gain access to QDD by showing SSA in your initial claim papers that evidence to substantiate your disability is readily available. (In SSA jargon, this means the claim papers show “a high degree of probability that the claimant is disabled and that evidence of the claimant’s allegations is expected to be easily and quickly obtained and the case can be processed quickly in the disability determination services . . .”) QDD uses a computerized evaluation process to move selected cases to the head of the line. Our Medical Profile Sheet and Functional Checklist help you show SSA that you have evidence of disability readily available. (fn 1)

You gain access to CAL by showing in your initial claim papers that you have one or more of 200 diagnoses that SSA considers to “invariably qualify” for disability benefits under the SSA Listing of Impairments. (fn 2) New conditions are added to the CAL list from time to time. Our Medical Profile Sheet helps you do this.

Together, the Medical Profile Sheet and Functional Checklist help doctors quickly outline the basic medical facts and show SSA the desirability of selecting the claim for fast-track QDD or CAL handling.

SSA decides a claim much faster under QDD or CAL than it does in the standard disability evaluation process which may take three to five months to produce a claim decision. (fn 3) In contrast, QDD processing may take two weeks or less. SSA says: “On average, the State DDSs’ determine allowances on those cases identified as QDD in about 9 days.” (fn 4)

We invite comments by users of the Disability Workbook about their success in obtaining Social Security benefits quickly (for example, in less than three to five months) when employing our Medical Profile Sheet and Functional Checklist.

1. http://www.ssa.gov/disabilityresearch/qdd.htm
2. http://www.ssa.gov/compassionateallowances/
3  http://tinyurl.com/custhelpssa
4  http://www.ssa.gov/performance/2012/

The Internet Disability Application: Is it "Convenient" and "Time Saving"?

A person applying for Social Security Disability Insurance (SSDI) typically hasn't done it before. It's a new experience, and just getting organized is a challenge.

Some questions I would ask myself when applying include: what do I need to prove, what kind of information meets Social Security Administration (SSA) requirements, and how do I get answers to questions I can't figure out for myself.

SSA encourages people to use the Internet to make application. If I am offered a choice between applying for benefits with help from a live Social Security representative, or struggling alone through an unfamiliar Internet process when I don't feel good, I readily choose the live person - even if I have to go to an SSA office and wait.

According to SSA, "Applying online for disability benefits offers several advantages:

• You can start your disability claim immediately. There is no need to wait for an appointment;
• You can apply from the convenience of your own home or on any computer; and
• You avoid trips to a Social Security office, saving you time and money."

I wonder whether my home computer really is "convenient" when I don't know anything about the parameters of SSDI, haven’t used the government software before, have to rely on canned electronic instructions, and lack access to a trained person who is responsible for answering my questions correctly? 

Also, I am thinking about something else. SSA estimates that completing the i3368 disability report online takes 1½ hours (compared with 1 hour for the equivalent paper report). ¹   That sounds like a long and complicated form.  

A little research showed me that 1 ½ hours may be too conservative an estimate of the time required: a few years ago the agency estimated it could take between 1 ½ and 3 hours to complete the i3368 (compared with 1 hour for the paper form). ² That’s only one of several forms I must fill out to apply.

To sum up, I want a piece of paper in hand and a living well trained person to help me get it right if I am going to invest 1 ½ to 3 hours in one of several forms. I’ll leave the “convenient and time saving” Internet application process to people who prefer the digital world. What do you think?

¹  Federal Register, August 9, 2012, page 47689

²  Federal Register, April 24, 2007, page 20156

Conditions on SSA "Compassionate Allowance" List Get Quicker Decisions

Social Security added 12 new medical conditions to the list of "Compassionate Allowance" or "CAL" conditions in July 2011. This brings the number of Compassionate Allowance conditions to 100. Claims based on conditions in the CAL list are decided more quickly.

According to SSA, "the [CAL] initiative is designed to quickly identify diseases and other medical conditions that invariably qualify under the Listing of Impairments based on minimal, but sufficient, objective medical information.

"If the condition does not meet these strict criteria, it will not be designated as a CAL case.

"All CAL-identified conditions are entered into the Predictive Model (PM) and are selected for CAL processing based solely on the claimant’s allegations listed on the SSA-3368 (Disability Report—Adult) or SSA-3820—(Disability Report—Child). Like Quick Disability Determinations (QDD), CAL cases will receive expedited processing within the context of the existing disability determination process." Program Operation Manual System (POMS) DI 23022.015

Go to www.socialsecurity.gov/compassionateallowances/ for a list of conditions qualifying for CAL 

processing.

http://www.disabilityfacts.com/

A Flake in the Blizzard of Recent Attacks on SSDI

Dear Mr. Cavuto, I heard part of your interview with Dan Mitchell of the CATO Institute this afternoon. From hearing that segment I can say that Mr. Mitchell needs to do some homework on Social Security Disability Insurance (SSDI).

He expressed the view that only a "handful" of people genuinely qualify for SSDI benefits; that there is a cadre of doctors who grant disability benefits to people for pay; and that many people don't deserve benefits because the program was designed to compensate people who have serious injuries like the loss of a leg in an industrial accident.

I am well aware of major defects in the SSDI program, having practiced disability law since 1983. The flaws I heard Mr. Mitchell describe are not prevalent.

The prevalent defects of SSDI include:

o Many people lack adequate medical care and therefore can't establish whether or not they meet the medical requirements;

o Difficulty obtaining specific medical documentation for Social Security causes many disabled people to struggle 2 or 3 years for benefits while their health declines.

Also, a large part of the public misunderstands the SSDI program:

o Many people like Mr. Mitchell think doctors grant or deny disability benefits, though doctors only furnish evidence that may/may not lead Social Security to grant benefits;

o Many people like Mr. Mitchell confuse state workers' compensation with federal SSDI. Workers' compensation is the primary compensation system for people injured by industrial accidents. SSDI is primary for everyone else. Confusing the two often causes flaws of workers' compensation to be attributed to SSDI.

There is a crisis in SSDI, which Congress has ignored and disguised over the years by shifting money to SSDI from the Social Security retirement fund, instead of instituting fundamental reform.

Rather than swinging in the dark, people like Mr. Mitchell should do their homework and attack the real flaws in SSDI. These flaws can misdirect scarce benefits to less severely disabled people and make thousands of severely disabled individuals wait years for benefits they need, deserve and paid for with mandatory deductions from their paychecks throughout their working lives.

Sincerely, Doug Smith, publisher, Disability Workbook for Social Security Applicants
August 23,2011

Starting a Social Security disability insurance claim

This succinct description of the forms needed to start a disability insurance claim appeared in the Modesto Bee on January 24, 2011. The text was furnished to the paper by the SSA.

"Q: What is the difference between the disability application and the disability report? Do I have to complete both?

"A: A disability application is a claim for Social Security disability benefits. A disability report provides information about your current physical or mental condition that we need to process your disability application. To establish a claim for disability benefits, you need to file a disability application, submit a disability report, and provide an authorization to release medical records. The best place to start is at www.socialsecurity.gov/applyfordisability"

Disability Facts does not, however, agree that the best place to start a claim is on the Internet, for the reasons stated in our post of December 16, 2010. We think an SSA office is the best place to start a claim, and the runner-up method is by telephone and mail.

Is it safe to file a claim online in 2010?

A Social Security (SS) claims representative says filing claims online is like "tossing blank applications up in the air and hoping for the best."

Page 31 of our 2008 Disability Workbook recommends "Avoid the SSA Internet application procedure for now . . ." We continue to hold this view in 2010.

A union that represents SS claims representatives (CR's) surveyed members about issues to report to Congress. The result published this year include 560 comments. Comments about the SS Internet application process were more often negative than positive.

The question asked of the CR's is:

"Question 26: If you have any comments or concerns about Internet claims or recent policy changes that you would like AFGE to present to Congress, please complete the following."

Perhaps the most negative response on Internet claims said [spelling in original]:

"internet claims are like tossing blank applications up in the air and hoping for the best - they are just a way of keeping claims off the calendar so they don't get a scheduled appointment."

Other negative comments include:

"Many walk-in applicants express extreme frustration with their efforts to file online, including those who are tech-savy, and ask me why they are steered to the Internet to file a complex application w/o assistance."

Another CR said "They will come in and say they have filed by internet, but there will be no application on the system. This is one of the many complaints by the public."

And another " . . . the agency has not been properly funded to insure that technology and staffing can comply with policy. Our technology is simply outdated for the complexity, thus all claims are error prone."

And another "Almost all internet disability claims are incomplete in one way or another and need additional development. This results in major delays in sending the applications to DDS and increased time for a medical decision to be made."

The comments as a whole suggest that there are at least two problems with online application: computer literacy and Social Security literacy. One CR opined:

"As people become more and more comfortable with using internet services, there will be an ever-increasing problem with incorrect payments, disadvantageous choices, missed entitlements and on and on."

The responses were published online by American Federation of Government Employees Local 3272 at: http://tinyurl.com/32qnybr

© 2010 Pds-Third Floor Publishing LLC, All Rights Reserved

Social Security disability - why not conferencing and collaboration at the reconsideration level?

Decision makers at SSA’s first level of appellate review (“reconsideration” in most states) find it hard to assess claimants’ credibility and subjective symptoms because they do not see the claimant. Therefore cases which turn on these questions tend to get passed upstairs to Administrative Law Judges (ALJs) instead of being awarded by reconsideration level decision makers. These cases typically are ones that don’t satisfy a Listing and require assessment of residual functional capacity (RFC).

Being passed up to an ALJ can add between 9 and 28 months to the process of getting a decision, according to SSA figures dated May 25, 2007 obtained by the National Organization of Social Security Claimants’ Representatives (NOSSCR).

Put another way, claimants whose cases require assessment of credibility or subjective symptoms potentially wait up to 28 months for decisions that might take only 3 months if rendered at the reconsideration level. This is avoided in only the best documented cases.

Here is evidence of a fundamental flaw in SSA’s disability decision process: SSA seems ill-equipped to render a favorable decision at the reconsideration level in that class of cases that do not satisfy a Listing and require assessment of credibility or subjective symptoms.

Is it equal or fair treatment when one class of disabled claimants can get awards in 3 to 6 months, while another class can only get awards in 9 to 28 months.

SSA can remedy this flaw. If claimants and their representatives meet with SSA reconsideration decision makers in person or by video-conference, the reconsideration decision maker can see and speak with claimants and determine their credibility and authenticity of subjective symptoms. We understand that most Social Security district offices have video conferencing capability. Moreover, SSA and claimants when conferencing can freely discuss the need for additional evidence and collaborate in obtaining it quickly. This would not only mean quicker awards for disabled people, but also fewer cases being added unnecessarily to the caseloads of Administrative Law Judges (ALJs).

If only 10 percent of appeals had been removed from the ALJ caseload in 2006, this would have meant 50,080 fewer requests for a hearing. The 2006 ALJ caseload would have been 450,726 instead of 500,806. Most important, many disabled individuals would have received desperately needed cash and medical benefits much sooner.