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WHAT'S HOLDING UP YOUR DISABILITY CLAIM? WHY IS IT TAKING SO LONG?

    Social Security disability (SSDI) is very difficult and takes a really long time to get.  The average new application in Alabama is now taking an average of 290 days to process.  Besides thousands of new claims and a shortage of workers, what else could be holding up your claim?  

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1.  If you are undergoing medical treatment or waiting to have surgery, this may be holding up a decision. Social Security may have put your claim on hold to see if the surgery or new treatment will improve your health--maybe you won't be disabled when you recover from the surgery/treatment.

2.  You may have simply become lost in the shuffle.  I've found that claims may get shifted from one disability examiner to another, maybe two or three times before a decision is made.  Unfortunately, it's easy for someone to just loose track of your claim so it lays there unnoticed for a long time.  If it seems that nobody is really working on your claim, it may be because they are not.

3.  Doctors aren't sending in your medical records.  Medical records are a multi-billion dollar industry these days and doctors often pay an outside company to handle and fill requests for records.  Sometimes these records get sent to Social Security promptly but sometimes they don't.  Never assume that they have been sent.

4.  Social Security has no deadlines.  They can take as long as they want to investigate and decide a claim.  Before COVID-19 hit back in 2020, it took 3 to 5 months to get a decision on a new disability claim.  Honestly, COVID made Social Security "go crazy" starting in March of 2020.  Everything "normal" about Social Security ceased to exist. First, they shut down all their offices--and "furloughed" most of their employees. And it still hasn't returned to "normal" as I write this in January, 2023.  It may never.  It's slower, more uncertain, harder, and requires more work than ever before.

5.  Nobody is probably supervising your claim.  It's my feeling that Social Security claims examiners work with little or no supervision and nearly zero accountability. In March 2020 many of them began "working from home," which is the epitome of working at your own pace without supervision.  This trend seems to have carried over into the work environment, as well. Social Security workers may not answer the phone, may not return your phone calls, and may be nearly impossible to communicate with.  Often, you simply can't find them. Social Security is a massive, impersonal bureaucracy without a face, a name or a telephone extension number.  They're supposed to be there, but who knows.....?

6.  You may have hurt your own claim by filing an incomplete application for benefits.  When I get involved helping a claimant with Social Security, I often review the applications they turned in before they came to me for help.  I've seen thousands of applications.  And I very, very seldom see a complete one.  In fact, out of several thousand applications that I've seen, I think I have only seen 2 or 3 complete ones. Claimants leave out doctor's information--full names, addresses, phone numbers--dates of service, etc.  And, no, Social Security cannot find doctors with addresses like "He's in Huntsville right off Memorial Parkway close to McDonalds."  Or, "Her office is near Huntsville Hospital, only a little further down Governor's Drive toward the mountain."

Claimants leave their employment history and job descriptions blank, I guess feeling that it doesn't matter.  They fail to complete the Function Report, Work History Report, or other questionnaires.  They my fail to list the X-rays, MRIs, lab work or other tests they've had done.  

The best solution for all this is:  Hire a representative or attorney whose job it is to keep your claim on track and provide Social Security with the information they need to make a decision.  This won't make the process fast and it won't solve all your problems; however, it will help solve a lot of them.

Alternatively, you can elect to actively manage your own case:  try to speak with Social Security about once a month (if you can reach them) and ask what they need.  Call each of your doctors or other medical providers and ask them to please send in your medical records.  Get a hold of your primary physician and ask him or her to write a detailed functional capacity that explains why you can't work a full-time job.  Point out to your claims examiner if you meet a listing, are impacted by a grid rule, or if a compassionate allowance is in order.  If you claim is absolutely stalled, and has been for more than 1 year, try to get a Social Security supervisor involved.  Also, write or call your US congressman for help--since Social Security answers to the US Congress (and no one else).

___________________

Charles W. Forsythe founded The Forsythe Firm to help disabled individuals fight for Social Security disability benefits.  He is still in the fight everyday (sometimes for 12 hours a day).  And yes, you can speak to him about your case without cost.  (256) 799-0297.





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