Social Security Disability and Claims

Posted on March 9, 2009 by Dory Sutker

The total number of pending social security disability/SSI claims has reached an all-time high of 768,540. That’s bad news. Here’s more bad news :Given the economic downturn, the number of pending cases is expected to rise. SSA estimates that more than 500,000 additional disability claims will be filed over the next two years. If the recession is longer or more severe than predicted, the number of claims could rise even higher.

Congress and the Obama Administration are aware of SSA’s situation and the economic recovery bill includes several provisions to address the problem. The House bill (H.R.1), which was passed on January 28, 2009, includes $500 million to help SSA process the rise in the number of claims, help the claimants receive their benefits faster, and help stop the existing backlogs from getting worse. It also includes $400 million to modernize the computer system utilized by SSA. This will allow SSA to better process and store claims. It is projected that by 2012, SSA will surpass its capacity to electronically store agency records. Finally, the house bill allocates $4.2 billion to help the aged, blind, and disabled SSI beneficiaries by providing one additional SSI payment in 2009.

The Senate bill (S.1) includes $890 million in additional funding for SSA’s administrative budget. Of the $890 million, $750 would be for modernizing the computer system and $140 million would be for IT acquisition and research. No funding was provided to address the backlog or processing of claims. However, the Senate version did include a one-time payment of $300 for Social Security and SSI recipients.

Since the House and Senate versions are different, a conference committee will resolve the differences and both the House of Representatives and the Senate will vote on the conference committee’s version. It is hoped that a final bill will be ready for President Obama to sign by mid February.

In the meantime, don’t expect claims to be processed faster.

NOSSCR Social Security Forum, Volume 31, Number 1, January, 2009

Please visit our website at social security FAQ to learn more about social security disability issues.  To learn more about our social security disability lawyers, please read about Dory Sutker or Suja Varghese or contact Greenberg & Bederman for a free case review.
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Social Security (SSA) Partial Victory

Posted on February 11, 2008 by Dory Sutker
UPDATE ON THE PROPOSED CHANGES — PARTIAL VICTORY

According to the National Organization of Claimants’ Representatives (NOSSCR) more than 500 comments were submitted to the Commissioner of the Social Security Administration (SSA) protesting the proposed new regulations. The restrictions on the submission of evidence received almost unanimous criticism. As a result, Commissioner Astrue suspended further action on at least two of the proposals. Specifically, he suspended further action on the "five day rule" for submitting evidence before the hearing and closing the record on appeal.

In further news on the subject, Commissioner Astrue stated that SSA will be meeting with claimants’ organizations to discuss the provisions in the proposed rules. It’s nice to know, that someone reads the letters submitted to the Commissioner and that they had real impact. This is an example of democracy at work and proves that citizens can make a difference.

Speaking of citizens making a difference...don’t forget to get out there and VOTE !
To learn more about social security issues, please click on our website at social security disability law and go to the social security tab.  To learn more about our social security disability lawyers, click on social security disability lawyers maryland, and read our attorney bios on Dory Sutker and Suja Varghese.
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Disability Backlog

Posted on December 5, 2007 by Dory Sutker

The backlog of disability cases grew to an all-time high in July, 2007.  According to statistics reported by NOSSCR , the average processing time (nationally) from the date the Request for Hearing is filed until a decision is rendered is 528 days. Keep in mind that by the time the Request for Hearing is filed, the claimant has already been waiting 1-2 years !

The Baltimore office is above the national average at 589 days. The Washington, DC office typically takes 405 days, putting it well below the national average. But, this is still unacceptably long.

What accounts for this crisis? Sad to say, but the biggest obstacle to moving the cases forward in an efficient manner is lack of staff. There are fewer workers now than in 1973. Many staffers have left and, due to budgetary constraints, many cannot be replaced. This puts a heavier burden on the workers left at SSA and that, in turn, causes additional problems. Although President Bush recommended cutting the Commissioner’s (of SSA) budget request, both branches of Congress voted to fund SSA at a higher rate.

What can be done about this crisis? On October 29, 2007, the Commissioner for SSA Michael Astrue, issued a proposal which makes significant changes to the hearing level. The theme throughout the new proposed rules is moving the caseload faster. Improvement in processing times is welcome but, under Commissioner Astrue’s proposals, it comes at a price. Under the proposal, claimants will receive, in many cases, an unfair, unjust shake. SSA must recognize this at some level because they assume that, with the new rules, there will be a $1.5 billion reduction in benefit payments over the next ten years. This is deplorable and downright unacceptable.

The changes put forth by Commissioner Astrue are proposals at the moment. They have been published and are now open for comments from the public. The proposal can be viewed at www.gpoaccess.gov/fr. Rest assured that we at Greenberg & Bederman are submitting comments setting forth our specific concerns with the proposed rules. While a more expeditious process is desired, the principles of fairness and justice should not and must not be compromised.

To learn more about social security disability law issues please click social security disability law.  To learn about our social security disability lawyers in Maryland, please click social security disability lawyers maryland, and read our firm bio on Dory Sutker or Suja Varghese.

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