Judges Under Pressure To Eliminate Disability Claim Backlog

December 06, 2012

Judges under pressure to eliminate disability claim backlog

Contrary to popular opinion that the Social Security Administration has been struggling with an extraordinarily high caseload in recent years due to high unemployment numbers, the rise in applications is actually due to the fact that there are a growing number of baby boomers reaching their disability prone years and that more women have been working outside the home.

The recent influx of applications has created a backlog of roughly 2 million applications, resulting in extremely long wait times for many disability applicants. Although the SSA is working hard to eliminate the backlog, many people struggling with disabilities currently face wait times of two years or more before they will receive benefits.

The disability benefits application and appeals process

People who apply for Social Security disability benefits must first seek approval from a state-run agency, which in Ohio is known as the Division of Disability Determination, or DDD. The DDD makes an initial assessment of whether an applicant qualifies as disabled and is therefore eligible for benefits. If the applicant is approved, he or she can begin receiving benefits at that point.

However, nearly two-thirds of initial disability determinations are denied at the state level, according to an Associated Press report. An applicant who has been denied benefits can apply for an appeal within the DDD. If the applicant is denied a second time, he or she may then choose to bring an appeal before a Social Security administrative law judge.

Before the hearing, the judge will review the applicant's file, which includes his or her medical records and work history, as well as information about why the initial request for benefits was denied. At the hearing, the judge may question the applicant as well as any witnesses, such as doctors or vocational experts, who appear at the hearing. The applicant, often through an attorney, may also submit evidence and question the witnesses. After considering the evidence and witness testimony, the judge will issue a written decision to grant or deny benefits.

Working with an attorney

For people in need of disability benefits, an experienced Social Security lawyer can be a powerful advocate throughout the application and appeals process. A lawyer who is knowledgeable about the Social Security system and the benefits application process will ensure that the application is complete and correct, and that all necessary documentation is included in the application. In addition, a lawyer will see to it that all important deadlines are met and, if an appeal is necessary, will help the applicant present his or her case to the judge to ensure the best possible chance of approval.

Article provided by Shifrin Newman Smith Inc.
Visit us at http://www.newman-shifrin.com/