The US Congress is driving down Social Security disability award rates. Congress believes that Social Security is approving too many claims. The House Oversight and Government Reform Committee has been looking into why judges have "high award rates" for claims that have already been denied twice by a field office or state disability determination agency. The Committee's justification for forcing award rates down is that awards have increased 44 percent in the last 10 years, "pushing the trust fund to the brink of insolvency."
However, administrative law judges are supposed to review decisions made by field offices and state agencies, correct errors (and errors are many)-- and give a new decision. It isn't like the claimant always gets a fair decision by the state agency. In Alabama, for example, the state disability determination service (the "state agency") denies almost 80 percent of all claims.
Of course, some denials by the state agency are legitimate. Not everyone who applies for disability benefits is eligible under the regulations. However, we see claimants who are only able to walk with a walker, on oxygen 24/7, partially paralyzed, etc. who get denied by state agencies. These denials should be overturn by the hearing judge. And Congress should not interfere with legitimate administrative review of denied claims.
The basic problem is that Congress listens to a misinformed media. Careless, biased and non-factual reporting by some of the media giants have painted Social Security disability as a program for cheats, deadbeats and frauds. This is not true. However, we have thrown the baby out with the bath water! In trying to be absolutely certain that not one single undeserving person ever gets awarded, we are denying hundreds of thousands of individuals who genuinely deserve to receive the benefits they have paid for during their entire working lives.
Congress authorized the federal disability program in July, 1956. It made "contributions" to the disability trust fund (FICA tax) mandatory. Workers have to pay into the program, like it or not. If Congress wants to cut, curtail or eliminate the federal disability benefit, then members should take a vote and have their vote entered into the public record. Of course, this they are unwilling to do because of the political consequences. What they do instead is strong arm program decision makers to deny, deny, deny benefits.
If you are one of the tens of thousands of Americans who is truly unable to work, hire an advocate and fight, fight, fight. The odds are stacked against you - but with persistence, hard work (and probably a long wait) - it is still possible to get benefits.
However, administrative law judges are supposed to review decisions made by field offices and state agencies, correct errors (and errors are many)-- and give a new decision. It isn't like the claimant always gets a fair decision by the state agency. In Alabama, for example, the state disability determination service (the "state agency") denies almost 80 percent of all claims.
Of course, some denials by the state agency are legitimate. Not everyone who applies for disability benefits is eligible under the regulations. However, we see claimants who are only able to walk with a walker, on oxygen 24/7, partially paralyzed, etc. who get denied by state agencies. These denials should be overturn by the hearing judge. And Congress should not interfere with legitimate administrative review of denied claims.
The basic problem is that Congress listens to a misinformed media. Careless, biased and non-factual reporting by some of the media giants have painted Social Security disability as a program for cheats, deadbeats and frauds. This is not true. However, we have thrown the baby out with the bath water! In trying to be absolutely certain that not one single undeserving person ever gets awarded, we are denying hundreds of thousands of individuals who genuinely deserve to receive the benefits they have paid for during their entire working lives.
Congress authorized the federal disability program in July, 1956. It made "contributions" to the disability trust fund (FICA tax) mandatory. Workers have to pay into the program, like it or not. If Congress wants to cut, curtail or eliminate the federal disability benefit, then members should take a vote and have their vote entered into the public record. Of course, this they are unwilling to do because of the political consequences. What they do instead is strong arm program decision makers to deny, deny, deny benefits.
If you are one of the tens of thousands of Americans who is truly unable to work, hire an advocate and fight, fight, fight. The odds are stacked against you - but with persistence, hard work (and probably a long wait) - it is still possible to get benefits.
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