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DISABILITY: A CHANGING ENVIRONMENT

The past 18 months have brought a rapid change in the Social Security disability environment.  Award rates among US administrative law judges have fallen dramatically since the last quarter of fiscal year 2010.  Judges that once averaged 60 percent favorable decisions may now average 40 percent or less.  That is a drastic change.  The result is very simple - it is now more difficult to get Social Security disability benefits.  If a case is borderline it is probably going to be denied, whereas a year ago the same case might well have been awarded.  What's to blame to this downturn in Social Security disability awards?  Everyone has a theory, so here is mine.

First, I think there is a psychological impact of being told day in and day out that the Social Security trust funds are going broke.  The latest projection now gives the disability trust fund only until 2016 before it starts paying out more than it brings in.  In other words, by 2016 the reserves will have been used up.  Most experts say that if nothing is done before 2016, disability benefits would have to be reduced to about 79 percent of the present level.  

Second, the media have been exaggerating and sometimes misinforming the public on Social Security disability and stating that it is a large federal give-away program or that persons are getting disability benefits when they are able to work.  Some of the items I have read come close to saying that Social Security judges are rubber stamping benefits and giving them to nearly everyone who applies.  Of course, that is rubbish, since award rates are drastically down, both at the initial application level and at the hearing level.

Third, it's an election year and the Congress is facing budget deficits across the spectrum and looking to cut costs anywhere it can.  Rest assured that pressure is being placed on US administrative law judges to hold back the rising cost of Social Security's disability program.

If you are disabled and will depend on Social Security income to survive, what is the answer?  The answer is, apply as soon as you believe you will be unable to work for a period of twelve months or more.  Prepare your application carefully.  If you are denied (which about 70 percent are), waste no time in asking for a hearing (sometimes called "an appeal").  I recommend that you obtain representation--at least for the appeal part of the process.  I realize that could cost you a fee if you win - but it will not cost you as much as losing the case.  If a case is worth an appeal it is worth representation.

Here are two links to web sites that provide more information about Social Security disability.

Information about how a representative may help you with Social Security disability.



 (NOSSCR)




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