Social Security Disability case judges have had rigorous caseloads for years, with many creating a significant backlog as a consequence. According to The Wall Street Journal, the Social Security Administration (SSA) is conducting a comprehensive reexamination of how judges reward disability benefits. The changes include altering job descriptions to give officials increased authority to oversee judges. Job descriptions currently contain the terminology “complete individual independence,” which creates challenges for the SSA. The Journal reports the phrase will no longer be included in job descriptions and new wording will make it clear that judges are subject to supervision by the agency. Approximately 1,500 administrative judges may be affected by the alterations.
This isn’t the first time disability judges have come under scrutiny. The changes came after wide disparities in judge rulings were revealed. The Journal reported that in 2011 it was found that dozens of judges ruled for benefits in 90 percent of their cases, while others denied benefits in more than 80 percent of their cases. These disparities between judges caused the agency to tighten enforcement at the time. Judges only awarded benefits in 67 percent of their cases in 2010, the Journal reported. That number fell to 56 percent last year.
“The allowance rate right now is probably at a 40-year historic low,” Glenn Sklar, deputy commissioner for the SSA, said at a congressional hearing in November, according to the Journal.
The LegalTimes blog noted two congressional committees examined how SSA judges rule on disability claims and how SSA leadership disciplines judges in mid-2011. During the hearing, the case was made that some judges didn’t take accountability for their actions, while others kept within the rules and were hardworking. According to the blog, 58 disability judges were disciplined by the administration between 2007 and 2011 for numerous reasons, the most common being failing to rule on enough cases.
For disability applicants, increased scrutiny of judges may be both positive and negative. While improving judge discipline can ensure disabled people receive benefits, it may also cause more judges to be terminated. The number of judges has been declining in recent years, which has created a backlog of cases. According to the Journal, the recession increased demand for SSD benefits, with the program now having approximately 11 million beneficiaries. In fact, the number of people in the program is set to continue increasing.
In an interview with the Center for Public Integrity, Russell Pulver, a former California-based administrative law judge for the U.S. Department of Labor, said it was increasingly difficult for him to handle his caseload.
“Each year I seemed to hear more cases and be given less help,” Pulver said. “I said, ‘I’m getting no love. I’m not staying around for this.’”
According to the Center for Public Integrity, Pulver voluntarily left his position with the Labor Department and now runs a mediation service. The dwindling number of judges is causing many department offices to be understaffed, which is only growing the problem of hearing and properly ruling on cases.
The changes to judge job descriptions and possibility of increased scrutiny may allow more applicants to be awarded benefits, but it may also increase case wait times.
What to Look for When Hiring a Representative?
I'm often asked this question by prospective clients and the answer is complicated. Most representatives do a great job working on behalf of their clients. But, there are representatives that actually do harm to their client's cases. Sometimes this is through no fault of their own. A perfect example is the representative that works for a large firm or so-called "national firm." These firms spend millions of dollars advertising on television, radio and on the internet. Their sole purpose is to bring in as many clients as possible. And, unfortunately, they are doing this in record numbers. However, when it comes to putting resources into providing representation for their clients, they fall short. Here are some questions that I recommend every client ask their representative:
- How many cases do you handle? You may be surprised to learn that your representative has several hundred cases in his/her inventory. Is it possible for one person to handle this many cases and still be prepared to represent you in your claim? Often, the tell-tale sign that they are overloaded with work is whether they keep in close contact with you, return your phone calls timely, and are willing to meet with you if necessary. If you have questions that are not being answered appropriately or timely, this may be a sign that your representative is overloaded and has too many cases to manage. Or, it could mean that he/she does not have the necessary resources and staffing to handle their caseload.
- Will you provide SSA with updated medical records at every level of the appeals process? Believe it or not, there are many representatives that will tell you that getting your records before the hearing is scheduled is a waste of time. But, the fact is without documentation to support your claim for disability, SSA cannot approve your case. If your representative updates your medical evidence consistently and requests SSA to review these records, oftentimes cases will get approved without having to go before a judge. Sitting on your case and not updating your records is another sure sign that your representative is either too busy with his/her caseload, or he/she just isn't concerned about your case.
- Does your representative listen to you? It is important that your representative understands why you are unable to work. This seems like an obvious consideration, but all too often representatives do not understand your case or the reasons that you are not able to work. You should have a good rapport with your representative and you should feel like they are on your side. Many representatives become "jaded" after representing claimants. They don't listen to you and are going through the motions hoping they get a good judge.
- Will your representative adequately prepare you to testify at your hearing? Again, this seems like a simple thing to expect. Will your representative meet with you or call you well in advance of your hearing in order to prepare you to testify? If not, will SSA have all of the facts? Probably not. Representatives are paid a fee out of the benefits that are awarded to you on your claim. The representative should be willing to spend time with you and be prepared to represent you at your hearing.
Of course, there are many other questions to ask your representative before you hire him/her. These are the most obvious. Your relationship with the representative should be a good "fit" for you. And you should feel confident that he/she is doing everything possible to get your claim approved.
If you need assistance or have questions about a social security disability claim, please don't hesitate to contact me directly on my cell phone at 407-738-3718.
PFD, AOD & DLI EXPLAINED
If you are applying for disability benefits or if you have already filed a claim, it is important that you understand these terms: Protective Filing Date (PFD), Alleged Onset Date (AOD), and Date Last Insured (DLI).
Protective Filing Date (PFD)
When you initially contact SSA to file a claim, this is your PFD. If you are awarded benefits, this date determines how far back SSA can go when paying your past due benefits. For SSI claims, you can only be paid from this date forward. For Disability Insurance Benefits (DIB), you can be paid a maximum of 12 months prior to your PFD.
Alleged Onset Date (AOD)
This the date that your disability began. When you file our application for benefits, SSA will ask you when your disability began. Giving SSA the wrong date can end up costing you money or a significant delay in your decision. There are many factors to consider when you tell SSA when your disability began. Probably the most important thing to remember when alleging an onset date is to determine when your condition was severe enough to interfere with your ability to do your job on a full-time basis. If you had to reduce the number of hours that you worked or if you had to switch to a different less strenuous job, this will more likely be the date of your onset of disability.
Date Last Insured (DLI)
This is one of the most important considerations in your claim for disability benefits. In order to qualify for DIB, you have to earn sufficient credits to become "insured." Typically, you must have 22 credits in order to qualify for DIB. You can earn 4 credits per year, so you must work at least 5 1/2 years to earn 22 credits. Your Earnings Statement will tell you the last date that you could qualify for DIB based on your earnings. This date is your DLI.
If you have questions about when to file a claim, what date to allege or how your DLI effects your claim, give me a call at 407-738-3718.
Protective Filing Date (PFD)
When you initially contact SSA to file a claim, this is your PFD. If you are awarded benefits, this date determines how far back SSA can go when paying your past due benefits. For SSI claims, you can only be paid from this date forward. For Disability Insurance Benefits (DIB), you can be paid a maximum of 12 months prior to your PFD.
Alleged Onset Date (AOD)
This the date that your disability began. When you file our application for benefits, SSA will ask you when your disability began. Giving SSA the wrong date can end up costing you money or a significant delay in your decision. There are many factors to consider when you tell SSA when your disability began. Probably the most important thing to remember when alleging an onset date is to determine when your condition was severe enough to interfere with your ability to do your job on a full-time basis. If you had to reduce the number of hours that you worked or if you had to switch to a different less strenuous job, this will more likely be the date of your onset of disability.
Date Last Insured (DLI)
This is one of the most important considerations in your claim for disability benefits. In order to qualify for DIB, you have to earn sufficient credits to become "insured." Typically, you must have 22 credits in order to qualify for DIB. You can earn 4 credits per year, so you must work at least 5 1/2 years to earn 22 credits. Your Earnings Statement will tell you the last date that you could qualify for DIB based on your earnings. This date is your DLI.
If you have questions about when to file a claim, what date to allege or how your DLI effects your claim, give me a call at 407-738-3718.
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