What Social Security is NOT Meant To Do

Filed under: Disability Law — 8:40 am on Monday, May 12, 2008

A New York Times Editorial:

….forcing Social Security to take on the enormous burden of immigration enforcement would be a harmful diversion from its core mission and could strain the bureaucracy to the breaking point.

That would have frightening implications for millions of people who are supposed to be served by the Social Security Administration, particularly the elderly and those who are disabled. With Social Security struggling to provide existing services and the sunset of the baby boom approaching … now is no time to pile on more responsibilities. The backlog of pending disability cases at the initial level is more than 500,000, and more than 750,000 people who have appealed rejected claims are awaiting decisions. As of February, the average wait on an appeal was more than 500 days. See full editorial here:

What do Social Security Numbers Tell You?

Filed under: Disability Law — 1:29 pm on Tuesday, May 6, 2008

From Kathleen Pender in today’s San Francisco Chronicle:

…How does the government assign these numbers? Is there anything you can tell about a person from his or her number? And in using the last two digits, is the IRS favoring one group over another?

It turns out that the first three digits - called the area number - are based on the ZIP code of the mailing address listed on the application for a Social Security number. It can usually tell you something about a person’s origins.

Within each area, the next two digits - called the group number - are assigned in consecutive order as applications come in. Instead of going from 01 to 99, however, the Social Security Administration follows an odd-even numbering pattern. Within each group, the last four digits are assigned in consecutive order from 1 through 9999.
See more here

Social Security Delays of Disability Claims Violate Due Process Rights

Filed under: Disability Law — 1:57 pm on Thursday, April 24, 2008

Today’s The American Civil Liberties Union newsletter commends the House Ways and Means Committee for holding a hearing today on the backlog of Social Security disability claims. The ACLU has submitted a written statement to the committee.

Social Security disability backlogs are at an all-time high, with the average wait time lasting 499 days and in some regions upwards of 700 days. At the same time, the Social Security Administration (SSA) staffing levels are at their lowest levels since 1972. All this translates into unreasonable delays in Social Security disability claims processing, with thousands of people with disabilities facing tremendous economic hardship including bankruptcy, homelessness, and in some cases suicide.

At a time when Congress should be focused on clearing up the Social Security disability backlogs, Some members of the House of Representatives are pushing a vast increase in the workload of the already overburdened SSA – mandatory verification of every worker in the U.S. More details here:

Delays in Dallas

Filed under: Disability Law — 10:31 am on Wednesday, April 23, 2008

Bob Kraft’s blog reports on Average Processing Times For Social Security Disability Claims:
The list of the most recently available average processing times for Social Security disability claims throughout the nation has been published by NOSSCR. The Dallas and Forth Worth offices rank closer to the top than to the bottom, but processing times across the country are abysmal and unfair to claimants. See: www.nosscr.org

The times as of the first of March 2008 range from 258 days in Harrisburg, to 816 days in Indianapolis. Fort Worth ranks 43rd out of 143 offices, with an average processing time of 405 days. The North Dallas office ranks 57th, with an average processing time of 437 days, and the Downtown Dallas office ranks 66th, with an average processing time of 460 days.

Compassionate Allowances: Some Progress on Delays

Filed under: Disability Law — 10:06 am on Wednesday, April 23, 2008

Fayetteville, New York (WSYR-TV) - If you get so sick or injured that you can’t work anymore, Social Security disability kicks in. But it may take a few months for benefits to go into effect.

Currently, it takes nearly three months just to process disability applications. If they go to hearing, it could take up to a year and a half.

But what if you’re diagnosed with a disease that could take your life in just a matter of months?

For Edward “Hap” Abendroth, fatigue is a constant. Otherwise, he is dealing pretty well with the side effects of biweekly chemo treatments. Hap was diagnosed last December with pancreatic cancer. From the time of diagnosis, six to nine months is the usual life expectancy.

So Hap wasted no time in applying for Social Security disability to replace his lost income. With the help of Congressman Jim Walsh’s office, the application was fast-tracked. On February 3rd, he got word that his benefits were approved, and hap was told to expect his first check on June 25th, more than six months after his diagnosis.

Social Security is considering making quicker disability decisions for people with life threatening diseases. But even if those so-called “compassionate allowances” are made more quickly, there’s still a five to six month waiting period for the first check.

“There are so many other issues with a critical illness. And you feel very badly for people who are sidetracked by the financial concerns of not receiving the Social Security or disability payments,” Hap says. See story here:

Doctors’ Group Reports Pressure to Downplay Injuries

Filed under: Disability Law — 9:07 am on Wednesday, April 23, 2008

From today’s Charlotte Observer: A leading group of occupational doctors is taking the unusual step of speaking out publicly against pressure from companies to downplay workplace injuries.

To outline their concerns, the physicians have sent a letter to federal workplace safety regulators and held a conference session in New York City on Monday. They’re also planning to testify before Congress.

If successful, their campaign could affect the treatment of injured workers and might help change how the government assesses workplace safety.

“Our members feel they are being methodically pressured … to under-treat and mistreat,” said Dr. Robert McLellan, president of the American College of Occupational and Environmental Medicine. “…This is a grave ethical concern for our members. It’s a grave medical concern.”

His group represents 5,000 doctors; some treat workers referred to them by employers, while others work directly for companies. See more story details here:

Annual Farce: Social Security Running Out of Money

Filed under: Uncategorized — 9:43 pm on Monday, April 7, 2008

Reports that the Social Security system will soon run out of money have been greatly exaggerated.
As surely as day follows night, the annual report from the board of trustees of the OASDI fund (Old Age Survivors and Disability Insurance, otherwise known as Social Security) has brought forth alarms that the fund will run out of money in the not-too-distant future.
Although flush with cash now and over at least the next 10 years, the Social Security system is expected to gradually begin paying out more in benefits than it takes in from payroll taxes with the result that by 2041 its assets, in the words of the trustees, will be exhausted.
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Insurance Companies Clog Social Security System

Filed under: Uncategorized — 8:38 am on Tuesday, April 1, 2008

The Social Security system is choking on paperwork and spending millions of dollars a year screening dubious applications for disability benefits, according to lawsuits filed by whistle-blowers.

Jessica Ortiz of San Diego said her disability insurer called more than 10 times after she was hurt in a car crash, insisting that she apply for Social Security. She was denied, as she had expected.
Insurance companies are the source of the problem, the lawsuits say. The insurers are forcing many people who file disability claims with them to also apply to Social Security — even people who clearly do not qualify for the government program.

The Social Security Administration defines “disabled” much more stringently than the insurers generally do, so it rejects most of the applications, at least initially. Often, the insurers then tell their claimants to appeal, the lawsuits say, raising the cost. See New York Times article here:

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Social Security Delays Cheat the Vulnerable

Filed under: Uncategorized — 6:43 am on Tuesday, March 25, 2008

From the Kansas City Star:

For years you’ve paid insurance premiums to protect yourself against unforeseen health problems. Yet when an accident or serious illness strikes, the insurer refuses to pay up.

That’s essentially theft, the kind of thing people expect the government to step in and stop.

But in this case, it is the government itself — Social Security, to be precise — that is cheating ailing and injured people out of the money to which they are entitled. Read full editorial here: masturbation techniques for men
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Losing Disability Credits: When Women Leave the Workforce

Filed under: Disability Law — 2:50 pm on Monday, March 17, 2008

individual who earned credits 20 years ago may find that not all of them count. For example, consider the case of a 42-year-old woman who worked full-time from age 21 to 31 and thus earned 40 credits. She has twice the number of credits required to receive benefits if she becomes disabled at age 32. However, if this woman exits the workforce at 32 to raise young children or attend school full-time:

When she re-enters the job market as a full-time worker at, say, age 42, she has no qualifying credits, and will not receive benefits if she becomes disabled.
As she ages, the bar becomes higher; thus, if she re-enters the workforce at 44, because she is older she would need 22 credits, meaning she would have to work at least 5 years more before regaining her eligibility.
Any additional credits she needs can be drawn from the earlier years she worked, but the requirement for 20 credits in the 10 previous years does not change.
Furthermore, a woman entering the workforce for the first time as an older adult — as the result of a divorce, for instance — has to earn all her required credits in the current 10 year period. Thus, a 44-year-old woman who had not previously earned credits would not be eligible for disability until age 52.
See full article here:

Extensive Media Coverage of Backlogs at Hearing Offices

Filed under: Disability Law — 9:35 am on Wednesday, March 12, 2008

With waiting times ranging up into the 1000+ /day range in a few Hearing Offices, the backlog time has drawn extensive media coverage as the human suffering involved in these delays comes to light. Our national association of Social Security lawyers has posted this link, listing numerous TV, radio and newspaper stories on this subject. Click this link:

Social Security Benefit: Why It’s So Valuable

Filed under: Disability Law — 12:13 pm on Saturday, March 8, 2008

Critics of Social Security and some of its friends often ask why its return on our investment, the years of payroll deductions, is so small. That would be a fair question if Social Security were an investment program, but it’s not. It’s more than that, much more.

A unique new report was released last month by the nonpartisan, nonprofit National Academy of Social Insurance titled “Social Security: An Essential Asset and Insurance Protection for All.” As far as I know, it’s the first close look at the monetary value of Social Security for all beneficiaries. Social Security is a life insurance policy with survivor benefits, disability insurance and, most important, it’s one of the nation’s few remaining guaranteed defined-benefit pension plans. And it’s worth thousands more than most retirement savings plans or annuities. See Full Newsday Article Here:

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