Skip to main content

DISABILITY: CUTTING THROUGH THE 2023 BACKLOG

 Very Tired And Exhausted Businesswoman, Sitting At Table, Flood With Paper  Sheet, Concept In Overworked, Too Much Working, Deadline. Outline, Line Art,  Hand Draw Sketch, Simple Design. Royalty Free SVG, Cliparts, Vectors,

 

 The Social Security Administration says there are now more than 1 million disability claims backlogged in the United States.

 The five states with the biggest DDS backlogs are Texas (101,841), Florida (95,168), California (66,331), New York (44,051), and Georgia (42,047). In Alabama the backlogs are equivalent to more than five cases pending per every one thousand residents in the state. (That's about 270,000 cases)!

An individual Social Security case worker once handled about 80 cases at one time. But that worker is now handling up to 280 cases at one time. No wonder we wait so long for a decision. There are claims from 2021 that are still "pending."

WHAT YOU CAN DO AS A CLAIMANT?

No one can solve the government's problems, of course. The huge backlogs are not just because people are filing more claims. It began with COVID in March 2020. The government shut down virtually every Social Security office in America. They were closed for 2 years, finally starting to reopen in March 2022. There are inadequate budgets to operate the state agencies like Disability Determination Services and to hire and replace Social Security employees--creating a severe manpower shortage.

If you are stuck in limbo waiting months on end for a decision on your claim, we recommend you do the following things, which may help:

1. Call the Disability Determination Service (DDS) in your state about once a month and get a status. Find out if your doctors are sending the medical records needed. Are there any other unnecessary delays? If so, help solve them. UPDATE: These offices now seldom answer the telephone. It rings and rings, no answer. The lights are on but nobody's home!

2. If you are unrepresented, update Social Security (DDS) on your updated medical information: new doctors, hospitalizations, new diagnoses, hospitalizations, ER visits, recent medical tests, etc. Social Security has no way to know about your changing medical information unless YOU tell them!

3. If you are represented by an attorney or advocate, let that person know about your updated medical information.  

4. Be careful to return any and all forms that are mailed to you. Just one missing form, waiting for your signature or reply, can delay your claim by months.

5. Promptly attend any medical or psychological consultative examinations that Social Security sets for you. If you miss one of these exams (for any reason) it will take weeks or months to get the exam rescheduled, and in many cases it will never be rescheduled. This may hurt your chance of an approval. (Social Security accepts no excuses for missing an appointment).

6. Try to get your doctor to provide you with a Medical Source Statement or Residual Functional Capacity form that shows the specific reasons you can't work. These forms must show specific limitations/restrictions on your ability to perform work-like activities. You will want to present the form to your doctor and you will submit it to Social Security when it is complete.

"AT THE DISABILITY DETERMINATION SERVICE IN ALABAMA, THE LIGHTS ARE ON--BUT NOBODY'S HOME." 

 

If you are unrepresented, we would be glad to discuss how we may assist with your disability claim. It's free to talk to us and if we represent you we will never charge a fee until you win your claim and receive the past due payments due to you. If you don't win, you never pay a fee or for any expenses.

_______

The Forsythe Firm, 7027 Old Madison Pike NW, Huntsville, AL 35806.

We handle nothing but Social Security disability and we've been doing so for 20 years!

 

 

 

Comments

Popular posts from this blog

MUST YOU MEET A LISTING FOR SOCIAL SECURITY DISABILITY?

You hear talk of getting SSDI benefits by "meeting a Listing."  What are the Listings? The Blue Book listings are found in the regulations at 20 CFR 404, Subpart P, Appendix I. The Listings are divided into 12 body systems.  Each severe impairment is listed under its respective body system.  For example, Congestive Heart Failure is listed under Section 4.00 - Cardiovascular System. When you go there, there is a list of severe symptoms, and they are severe.   If you exactly meet or equal the list of very extreme symptoms you will be automatically approved for disability. Here's the problem:  Meeting one of the listings is about as likely as winning the Super Lotto.  It is very, very unlikely that you will do so. Thus, 99 percent of claimants do not and cannot get approved by meeting a listing.  The listings are only for catastrophic, extreme impairments that most claimants simply do not have--or do not have at the severity level demanded by the listings...

A DISABILITY DENIAL IS NOT THE END OF YOUR CASE

By Charles W. Forsythe The Forsythe Firm Social Security denies a lot of applications.  It's expected.  But it's not the end. The good news is:  You can probably win your case on appeal and get paid benefits.  It just takes a bit longer. About 8 out of 10 new disability claims will be routinely denied.  So, it's rather unusual to be approved just by filing an application. An appeal sounds like a last resort or tricky legal maneuver.  It's really quite common--almost  normal--in a Social Security disability case. 8 out 10 claims will be appealed at least once, often twice, before they are paid. The process that pays Social Security disability is not the application, it's the appeal process. Many claimants who don't understand the importance of appeals give up after the first denial.  A serious mistake.  You odds get better in appeals. TIME LIMIT ON APPEALS .  All unfavorable Social Security decisions must be appealed within 60 days ....

CAN A LAWYER / ADVOCATE HELP YOU IN DISABILITY HEARINGS?

 HOW A LAWYER INCREASES YOU ODDS     There are many things a trained disability advocate or lawyer can do for you in a disability claim.  The biggest reason to have a lawyer or advocate is that you are 3 times as likely to be approved when using one. As with all levels of applying for SSI and SSDI , it is not required that you have attorney representation. However, the hearing before an Administrative Law Judge is your BEST chance of being approved for Social Security benefits. During this stage your chances of being approved are highly improved by having an attorney that is skilled with disability law . Only an experienced lawyer or advocate will understand the difficult and confusing concepts discussed at the hearing.  If you don't have a lawyer you will probably understand very little of what goes on at your hearing. Before your hearing your attorney can prepare you for the questions you will be asked at the hearing. A vocational expert will be a...