SSA on the Hotseat

The House Ways and Means Committee held a thearing on October 26, 2023, to question the acting assistant deputy commissioner of operations from the Social Security Administration ("SSA") about the decades old systemic problems that affect millions of Social Security Disability ("SSD") applicants.  If you ever applied for SSD benefits, or know someone who has, then you probably already know about these problems.

The SSA is supposed to help people who are eligible for SSD benefits when they become too ill to work.  However, the application process is antiquated, customer service is almost non-existent, the wait time to speak to someone on the phone averages 35 minutes, and the wait time for a decision is ridiculously long.

Some of our clients retain us after they have applied on their own, and they realize that trying to navigate the SSA's system is extremely stressful and difficult.  We take that burden off of them and make certain that the SSA has no direct contact with them.  Our clients would rather be working than applying for SSD, but due to any number of medical conditions, cannot work on a full-time basis.  But trying to stay afloat while the SSA makes a decision is almost impossible for many of our clients.  We have had clients pass away while waiting for a decision, and the SSA just does not seem to care.  The SSA simply blames the delays on backlogs and lack of staff.

David Camp, interim chief executive of the National Organization of Social Security Claimants’ Representatives, also testified at the hearing.  He explained how changing some of the SSA's rules and regulations, which are ineffective and old, could reduce the wait time for a decision, and free up the State agencies' analysts to work more efficiently.  These common sense changes could make a huge difference in many people's lives.  Of course, the members of the Ways and Means Committee would have to agree to continue to fund the SSA, because any cuts to their budget would be detrimental for anyone that is trying to obtain SSD benefits.

 

Medical Investigating

Attorneys representing claimants seeking Social Security Disability (“SSD”) benefits frequently will attack an administrative law judge (“ALJ”) for failing to credit the claimant’s subjective complaints.  Attorneys need to listen their clients as well.

We represent a 55 year old claims adjuster from Franklin Square, who asked us to seek SSD benefits due to mental impairments.  When preparing the claimant for his hearing, he complained about neck and hand pain.  We immediately advised him to see a neurologist, who performed EMG testing, which yielded abnormal results.

The ALJ disregarded the claimant’s physical impairments when denying the case.  Shortly thereafter, in light of the abnormal EMG, the neurologist sent the claimant for an MRI of his cervical spine.  The MRI revealed shockingly severe findings.

When appealing the ALJ’s decision, we submitted the MRI.  The Appeals Council remanded the case to the ALJ in near record time.  The same ALJ approved the claimant’s SSD application today based primarily on the physical impairments.

Our client, who suffers from extreme anxiety, was so grateful to us for being successful in getting his claim approved.  We are glad we were able to relieve one burden from his shoulders.  Please call our office if you are looking for an experienced disability attorney to help you apply for Social Security Disability benefits.  We have offices located on Long Island in Nassau and Suffolk counties, and offer a free phone consultation.

 

COLA Increase

It's the time of the year again when Social Security announces the COLA ("Cost of Living Adjustment").  This year the COLA is 3.2%.  The SSA has estimated that anyone receiving benefits can expect an increase of about $50 beginning in 2024.

More ALJs Needed

We represent a 58 year old from Fair Lawn, NJ, with mental and physical impairments, who requested a hearing with an administrative law judge (“ALJ”) on September 7, 2022.  The good news is that ALJ Dina Loewy from the Jersey City hearing office approved Social Security Disability (“SSD”) benefits today OTR.  Unfortunately, it took 13 months to obtain the OTR.

The average wait time for a hearing at the Jersey City office is 13 months, which is better than most hearing offices.  For example, the average wait time for a hearing at the Long Island hearing office is 16 months.  Consequently, the Long Island hearing office has been transferring SSD appeals to other offices, like Albany and Hartford, which have average hearing waits of 14 and 13 months respectively.

It is not a secret that ALJs are under pressure to increase the number of cases they adjudicate in order to reduce the hearing wait times.  An internal memo from last year from the Deputy Communications Commissioner for Social Security, said that years of inadequate funding resulted in the agency  being unable to " keep up with the demand for service and our annual fixed cost increases."  According to the memo, Disability Determination Services (“DDS”), which assesses disability claims, experienced "historically high attrition as workloads become less reasonable with fewer staff."

It would seem to be in everyone’s best interest if the number of ALJs and State agency representatives could be increased.  The SSD safety net was designed to help workers at the most vulnerable point  of their careers.  Workers paid into the system for the explicit purpose of receiving some limited financial assistance just in case they become disabled.  Workers should not have to wait a year for the DDS to render a decision, and if denied, then wait over another year for a hearing with an ALJ.

If you are thinking about applying for SSD, you should retain an experienced disability attorney to represent you.  The process of applying is not a simple one and can cause a claimant a lot of undue stress.  Our offices are located in Nassau and Suffolk counties on Long Island.  We offer a free phone consultation.

  

CE Reversal Again

Sometimes we get cases after a claimant has tried, unsuccessfully, to obtain Social Security Disability (“SSD”) benefits. Most of the time, that claimant has gone to one or more Consultative Examinations ("CEs"), which is not usually in the claimant’s best interest. This is exactly what happened to a 38 year old client who asked us to represent her after being denied when she applied on her own.

Our client suffered from multiple medical conditions, including PTSD, anxiety, depression, anemia and photophobia. We were able to get supportive documentation from her treating doctors, which Social Security's own rules specify is the preferred source. Our client was ultimately approved for SSD, and she could not be happier with the outcome of her claim.

It is always a wise decision to retain an attorney who specializes in disability if you find yourself in a position where you need to apply for disability. Please feel free to call our office for a free phone

ALJ Haaversen Rejected Again

I rarely take on a new claimant after an administrative law judge (“ALJ”) has already denied their application for Social Security Disability or Supplemental Security Income (“SSI”) benefits.  However, when I read the decision by ALJ Haaversen, I knew I had to make an exception.  Haaversen’s decision was so indefensible, that after I filed motion papers in the federal district court, the U.S. Attorney’s Office and the Office of the General Counsel for the Social Security Administration obviously asked the court to reverse the decision.

On remand, the case was reassigned to ALJ Andrew Weiss.  The medical evidence supporting the claimant’s application was so strong that ALJ Weiss found two different listings were met.  The good news is that the claimant was finally approved for SSI benefits.  The bad news is that the claimant applied for SSI benefits on August 15, 2018, more than five years ago.  How many people can survive, disabled or otherwise, without any income for that period of time?

No doubt, without our help and expertise, our client would almost certainly  have  been denied again.  Our claimant is happy that she made the choice to contact us for help with her claim and obviously overjoyed with the decision.  If you plan on applying for Social Security Disability benefits, it is always in your best interest to retain an experience disability attorney, who knows what information is needed to support a disability claim.  My office offers a free phone consultation with offices located in both Nassau and Suffolk counties.

 

Second Opinions

When seeking Social Security Disability (“SSD”) benefits, Medical source statements (“MSS”) are critical to establishing disability.  However, sometimes a claimant’s medical providers do not complete the MSS because they believe it would be more appropriate for another one of the claimant’s doctors to do so.  That is incorrect.

The Social Security Administration (“SSA”) wants “a medical opinion from all of the claimant's medical sources.”  It does not matter if another medical provider may be more directly involved in your treatment, or seem to have a more relevant specialty.  The SSA is statutorily obligated to seek and consider all evidence.

We represent a 53 year old truck driver from Farmingdale with knee, neck and back problems.  In May, we obtained and submitted a report from the doctor treating the claimant’s neck and back.  The opinion was supported by treatment records citing objective clinical findings and MRI testing revealing herniated discs compressing nerve roots. However, the SSA was not satisfied, and insisted that the claimant attend a consultative examination (“CE”).

Rather than having the claimant submit to the CE, we secured and filed a report from a second medical source.  Shortly thereafter, the SSA approved SSD benefits.

It is important to retain an experienced disability attorney, if you plan on applying for SSD, who knows what medical information should or should not be submitted for your claim to be successful, and who is knowledgeable about all of the SSA’s rules and regulations.  We offer a free phone consultation, and have offices located on Long Island, in Nassau and Suffolk counties.