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WHEN SOCIAL SECURITY LETS YOU DOWN

As Social Security becomes more overburdened and financially stressed, there is a higher likelihood that it will let you down.  I am speaking here of those individuals needing disability payments.  I want to address how Social Security is letting insured workers down and how the failures can be addressed.  Here are some of the problems that may impact you when you file a disability claim with the US Government (Social Security).

  • Up to 75% of initial claims are denied, often in error.
  • It takes an average of 15 months to appeal a denied claim (much longer in some states)
  •  Federal administrative law judges are under tremendous pressure to deny you again.
  • Once you finally get a hearing, it can take an additional 5 months to get a check.
  •  There is no "back up" or "emergency" plan to help you while you wait. 
There are a few things (and only a few) that could speed up your disability decision and/or appeal.  You may not fall into one of these categories but if you do take advantage of the opportunity to expedite your case:
  1. You qualify for a compassionate allowance.  You may qualify if you have one of the approximately 240 catastrophic conditions in this category, such as heart transplant graft failure, acute lukemia, Perry Syndrome, Early Onset Alzheimer's Disease, Liver cancer, or one of the other diseases on this list.  (Google "Compassionate Allowance List" to see the complete list of conditions).
  2. You have a dire need--an actual emergency that immediately affects your ability to get urgent medical care; you are homeless (not just an eviction notice, actually homeless); or have absolutely no way to obtain food, medicines, etc.  Conditions that qualify for "dire need" are very, very restrictive.  It must be a true emergency. Not having money to pay your monthly bills, being behind on your mortgate, about to go into bankruptcy, will not qualify.
  3.  You have a terminal illness that is expected to end in death within the next 12 months, whether or not the illness is on the Compassionate Allowance List.
If you have been denied benefits and have appealed, and do not meet one of the above exceptions, unfortunately you must be prepared to drag your appeal through the long process and wait.  Our best advice to those who are in this position:
    • Continue to see your doctors and follow medical treatment advice.
    • Take advantage of any opportunity to get objective medical evidence, such as an MRI, CT Scan, EEG, laboratory tests, X-rays, etc.  Very valuable.
    • Keep in touch with your representative or attorney with updates.
    • Be sure the hearing office (ODAR) is getting your updated medical records; ODAR will not order these, you or your representative must do so.
    • Understand what our burden of proof is before you walk into a hearing.
    • Be sure you have developed your case in terms of the medical and vocational evidence prior to the hearing. If you have a representative, it is his or her responsibility to be sure this is done.  If not, it is YOUR responsibility, not Social Security's responsiblity.
    • Don't ignore psychological symptoms and get treatment by a qualified mental health professional (licensed clinical psychologist or psychiatrist) for things like depression, anxiety, panic disorder, Bipolar Disorder, or etc.)
    • Never give up.  A denial is not the end, just the beginning!
 

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