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A new U.S. Senate submittee report raises serious concerns about the quality of decision making on applications for Social Security Disability Insurance benefits. The findings underscore the need for an applicant to have an experienced advocate at every stage of the process. A knowledgeable SSDI attorney can act as his or her client's watchdog before the Social Security Administration Donald Brown Chargers Jersey , or SSA, by looking at whether the agency is appropriately developing and evaluating the claim for disability insurance.
The SSDI Program
SSDI is a federal program that provides monthly paynts to people disabled from working by physical or ntal impairnts, or binations of impairnts, that will either prevent them from working for at least a year or result in death. An eligible claimant must also et certain detailed financial requirents that basically ask whether he or e has worked fairly recently and been employed on a mostly regular basis over the years.
SSDI by the Numbers
Aording to the Associated Press, roughly 11 million beneficiaries get monthly SSDI benefits of slightly under $1,000 monthly on average. Problematically in a ti of tight budgets, the SSDI rolls have increased almost 25 percent in the past five years. Apparently this type of increase is consistent with previous patterns in parably tough economic tis.
Decision Making Under Pressure
The SSA is subject to the current pressure on ernnt to do more with less Denzel Perryman Chargers Jersey , and to do it better. In fairness this is no easy task when it es to fairly evaluating SSDI applications to determine, aording to detailed Social Security laws and regulations, whether claimants et the definition of disability and properly qualify for benefits. The submittee report states that "many" must wait up to o years for final decisions to be made on their SSDI applications, a tough thing to ask of people who are sick, disabled and sotis dying without regular ines.
But the dical evidence in a plicated disability claim can consist of hundreds of pages of detailed doctor and hospital records. To do an adequate evaluation of such a case, the review cannot be cursory or quick. Enough ti for thoughtful consideration of the evidence is needed to properly evaluate it aording to Social Security law and standards by an administrative law judge or other ernnt evaluator.
The Submittee Study
The U.S. Senate Permanent Submittee on Investigations issued its minority staff report on "improving the quality" of SSDI decisions in conjunction with a large study it conducted that reviewed 300 cases decided by the SSA at all stages of the application process that has three levels of appeal within the agency if needed (and later court review options):
- Initial application
- Administrative law judge, or ALJ David Johnson Chargers Jersey , hearing
- Appeals Council review
A few of the important findings of fact in the report based on the reviewed cases include:
- More than 25 percent of the cases did not properly handle "insufficient, contradictory, or inplete evidence."
- So ALJs did not sufficiently consider the impact of relevant issues like substance abuse and obesityon dical impairnt.
- Sotis ALJ hearings lasted less than 10 minutes and did not include testimony necessary to resolve plex claims with contradictory written evidence.
As the SSA struggles to properly handle the flood of plex disability cases before it, each and every SSDI applicant would benefit from the representation of a skilled lawyer to discern at every step whether the agency is doing the claimant's case justice under the law.
Article provided by The Law Offices of Coats and Todd
Visit us at .getdisability.org
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