Skip to main content

THE MOST EXAMINED PEOPLE ON EARTH

Claimants for Social Security disability may be among the most scrutinized, most reviewed persons on Planet Earth.

I recently came across a blog by an uninformed blogger who said that Social Security needs to find a way to screen out persons who are not eligible to receive disability benefits.  What?

Here are the usual screening steps the typical claimant goes through on his or her way to getting federal disability benefits.
  • an application comprised of about 30 pages of information and questionnaires
  • review of all medical records by a state disability examiner (who denies 75% of claims)
  • frequently an examination by a doctor chosen by Social Security
  • review of the entire medical file by a Social Security staff doctor
  • a hearing before a US administrative law judge (who may order more exams)
  • often, testimony from a medical expert (doctor) called by Social Security
  • evidence from a vocational expert about how impairments affect ability to work
  • applying complex Listings, Medical-Vocational Guidelines, federal regulations, etc. prior to decision
Even if a favorable decision is awarded after all of this, the beneficiary is still subject to further review, even after he starts getting benefits:
  1. The Appeals Council may review the judge's favorable decision sua sponte (on its own motion) and has the power to reverse the judge and deny benefits.
  2.  There will likely be a Continuing Disability Review every 3 years in which the beneficiary has to prove that he is still disabled or face termination of benefits.
  3. Social Security spends billions of dollars on its new top priority--fraud prevention.
With few exceptions that I can think of, the Social Security disability claimant may be the most reviewed individuals in history. They are screened like a patio door.

Disability applicants are poked, prodded, examined, reviewed, investigated, questioned, cross examined and may even have their social media accounts reviewed.  They provide testimony under penalty of perjury and are told that they will be hunted down if they appear to have committed any form of fraud.

The public is generally poorly informed about how difficult it is to get these benefits.  Unfortunately, the media isn't much better informed.  The truth is, Social Security operates on the premise of ensuring that nobody gets benefits who isn't eligible; not on the premise that everyone who is disabled should get benefits.
"Applicants are screened like a patio door."



Comments

Post a Comment

Popular posts from this blog

COMPLETING THE FUNCTION REPORT FOR SOCIAL SECURITY

Social Security analyzes a new claimant's ability to perform certain activities.  This helps them to decide whether the claimant is disabled according to their rules.  They use a form called "Function Report - Form SSA-3373-BK" or one very much like it.  Be careful how you answer the questions on this form.  Strive to be accurate but also descriptive.  Try to give a real picture of how your pain or other symptoms limit your daily activities--such as shopping, driving, doing housework, socializing, etc. Here are just a few of the questions on the Function Report, as samples of the type of information being collected from each applicant who files a new claim for benefits: Do you take care of anyone else such as a wife/husband, children, parents, friend, other?  ( If you do, and do not show that you have significant problems in doing so, Social Security may judge that you are quite able to perform other activity, like working). How often do you prepare f...
5 comments
Read more

JUDGE JUDY TIRADES ABOUT SOCIAL SECURITY

Judge Judy Sheindlin has added her two cents worth to the controversy about Social Security.  Judge Judy appeared on a Fox News program hosted by Megan Kelly and said she was tired of people getting Social Security disability because they were "alcoholics and drug addicts," adding to the popular myth that SSDI is "going broke" because of dead beat drug users who refuse to work.  Fox News did nothing to set the record straight. The truth is that by law individuals cannot qualify for SSI or SSDI benefits based on either alcohol or drug addiction/abuse. In 1996, Congress passed Public Law ( P.L. ) 104-121—which terminated benefits for Supplemental Security Income ( SSI ) and Disability Insurance ( DI ) beneficiaries whose primary impairment was drug addiction, alcoholism, or both. As a result of the 1996 legislation, those individuals became ineligible for benefits, effective January 1, 1997. Social Security will currently not award benefits to persons becau...
Post a Comment
Read more

TAKE A HARD LOOK AT SOCIAL SECURITY BEFORE YOU FILE!

Considering a Social Security disability claim?  Take a hard look at it before deciding. If you have a choice, you probably don't need to apply. Some things to consider: 1.  It will probably not be an easy or short process.  It will take about 4 months to get your initial decision and 70% of those are denials.  If you must appeal, expect a wait time of an additional 18 months after you file the appeal.  So, you may be looking at 2 years or more in many cases. 2.  You will need good medical evidence.  If you have little or no evidence from a doctor, it isn't likely you will ever be approved. 3.  You cannot apply for SSDI while you are working and earning at least $1,170 a month.  This work will disqualify you.  Many people don't realize they will have to stop working to apply for SSDI.  That's why we say, "If you have a choice, you probably don't need to apply."  If working is an option, it's the best option. 4.  Th...
4 comments
Read more