Compassion v. Calculation

We recently handled a difficult, yet unfortunately common, case that perfectly illustrates a critical flaw in the Social Security Disability ("SSD") Insurance system.  Our client, a 57-year-old golf cart technician from Port St. Lucie, Florida, was recently diagnosed with Stage 4 Pancreatic Cancer. This devastating diagnosis immediately met the criteria for a Compassionate Allowance.  The good news is that the Compassionate Allowance designation worked as intended: his claim was approved in just three weeks. In a time of unimaginable stress, this rapid decision was a small victory, lifting the burden of uncertainty from his family.  However, this victory was overshadowed by a hard reality: the mandatory five-month waiting period for SSD benefits.

By law, an applicant cannot receive their first SSD benefit payment until up to six months after their established onset date when they became unable to work.  Our client stopped working last month.  This means that despite his terminal diagnosis and rapid SSD approval, his first payment will not be due for about six months from the onset date.  The cruel irony is undeniable. Our client, with a terminal illness recognized by Social Security as immediately disabling, may not survive long enough to ever receive the benefits he and his family desperately need and deserve.  Common sense would suggest that when a disability is recognized as terminal, this five to six month waiting period should be inapplicable. Unfortunately, the delay from the waiting rules runs counter contrary to the issuance of a a Compassionate Allowance.

As experienced disability advocates, we knew going into this case that a quick approval meant we would not receive a fee.  We were happy to help our client and his wife navigate the complexities of the SSD application process during this excruciating time.  Our priority was to shoulder the stress of the paperwork and give them back precious time to focus on what truly matters.

This case is a stark reminder that while the Compassionate Allowances program speeds up the approval process, a necessary reform is still needed to bring true compassion to the payment schedule for those with terminal conditions.