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Delays in Ohio Social Security Disability claims hurt claimants
Social Security Disability Delays Impact Vulnerable Patients
Unfortunately it is becoming all to common for those applying for Social Security Disability benefits to suffer delay after delay while their claims languish in a bureaucratic mess as the Social Security Administration struggles to keep up with a growing caseload. Given the numbers of aging baby boomers, the SSA has found itself under incredible stress and its ability to promptly handle cases has been compromised.
For a small group of claimants who are suffering from severe illnesses, many of their cases are never even heard because they die before ever reaching the point of getting a proper hearing. The Social Security Administration has said that some 2,000 cases were dismissed last year because the claimant died. This figure is tragic not only for the deceased who was never able to get benefits, but also for his or her family members who are in need of support.
Everyone who is familiar with the disability process knows it can take years to finally begin receiving benefits. Most claims are denied at first and then must be appealed up the chain of command until the case is given a fair hearing. Overcrowded dockets such as those in Toledo, Ohio and other places can slow the process down and mean that some of the most vulnerable claimants never receive their day in court.
The SSA has been dealing with mounting problems for years. More than 63,000 claimants waited at least 635 days for an initial appeal hearing and decision back in 2007. Thankfully that number has come down, but nowhere near where it ought to be. The SSA says that the process has gotten faster and that it hopes to end the backlog of cases that are older than 310 days. Though this represents a big drop from how bad things used to be, it is important to note that this wait comes after an individual has already waited an average of 150 days for a claim to be denied and then reconsidered before appealing to the ALJ.
If you think you may be entitled to Social Security Disability benefits and have questions, call The Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.
Posted in Social Security SSD/SSI
Tagged ALJ, cincinnati ohio disability wait times, columbus ohio ssa disability wait times, dayton ohio disability wait, how do I appeal my disability denial, how long does a disability claim take, how to appeal your SSD decision, indianapolis IN disability waiting, middletown ohio ssi docket times, wait for ssi in cleveland ohio, wait times for receiving disability, what is the appeals process like for a disability claim
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Veterans and Social Security Disability benefit qualifications
Veterans and Social Security Disability
An important resource that many veterans may not be aware of is the Social Security Administration’s Wounded Warrior website, which is found at: www.socialsecurity.gov/woundedwarriors.
The Wounded Warriors site exists to answer questions about disability benefits for veterans and what returning military members need to do to receive expedited processing of their disability claims. The expedited process is used for military service members who became disabled while on active military service on or after October 1, 2001, no matter where the injury actually occurred.
One thing that’s important to mention is that the benefits available through the Social Security Administration are different than those available from the Department of Veterans Affairs and each requires its own application. In order to be eligible for federal and state veteran’s disability benefits, you must have been honorably discharged from active military service. If you were not honorably discharged, regardless of the reason, you will not be eligible for compensation.
If you suffer from any of the following common injuries that affect returning soldiers, consider contacting an experienced Social Security Disability attorney to discuss your next steps:
- Post-traumatic stress disorder
- Radiation poisoning
- Cognitive disabilities
- Physical disabilities
- Traumatic head injuries
- Amputation
- Chronic disorders
- Loss of hearing and vision
- Cushing’s syndrome
If you think you may be entitled to Social Security Disability or VA benefits and have questions, call The Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.
Posted in Social Security SSD/SSI, Veterans Law
Tagged active duty, army, can I receive disability benefits as a veteran, Cincinnati VA lawyer, Columbus disability attorney, columbus VA attorney, honorable discharge, if I’m a veteran can I be on SSD, military members, PTSD, VA, veterans, Veterans Affairs
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Senate Committee Reveals Trouble with the Quality of Disability ALJ Decisions
Senate Committee Reveals Trouble with the Quality of ALJ Decisions
A recent article in the Washington Times discussed the increasing stress that the Social Security Disability system is operating under and how that stress has led to troubling problems affecting millions of Americans.
Investigators working for a Senate subcommittee examined hundreds of cases in which disability benefits were approved and found that those making the decisions frequently ignored warning signs such as incomplete or inconsistent information. Senators have said this review demonstrates the need for an overhaul of the existing system. One Senator said that the decisions from some administrative law judges (ALJs) were so bad that the final verdict seemed almost entirely arbitrary.
Though the first phase of this investigation involved looking over applications that were approved but should not have been, the Senate committee says it will next turn its attention to those cases that were denied and may have been denied wrongfully. Those in charge say they worry that they will discover the system is not helping many of the people it was designed to protect.
For its part, the Social Security Administration says it has work to do to fix problems in the system. However, they claim that outlier decisions occur far less often than they used to and the decisions of many ALJs are affirmed with much more regularity then ever before.
That may sound good, but problems still abound. The massive report showcased one ALJ from Oklahoma who has issued more than 1,000 decisions each year since 2006. Judge W. Howard O’Bryan Jr. peaked in 2008 with 1,846 decisions and regularly approved 90 percent or more of the claims. This compares to an average ALJ approval rate of about 60 percent. The investigation revealed that his decisions were notable only for their “poor quality” and how Judge O’Bryan often regurgitated the same boilerplate language in each case decision.
One case that apparently prompted the investigation, involved a man living as an adult “baby,” meaning he slept in an adult-sized crib and wore diapers. The man was collecting disability benefits despite having demonstrated carpentry skills and his ability to work with a reality TV show and a website for other adult “babies.”
The case of the adult “baby” highlighted another problem according to the Senate subcommittee and that is how out of date the list of jobs given to ALJs are. The list has not been updated since the 1970s and excludes many computer-related jobs that some people (possibly other adult “babies”) with disabilities might be able to perform.
If you think you may be entitled to Social Security Disability benefits and have questions, call The Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.
Source: “Judging of disability claims flawed, Senate study finds,” by Stephen Dinan, published at WashingtonTimes.com.
Posted in Social Security SSD/SSI
Tagged abuse of the system, administrative law judges, ALJ, ALJ decisions, approval rate of disability claims, bad ALJ, Cleveland disability attorney, congress review of ALJ decisions, denial of benefits, disability fraud, how to handle your hearing before an ALJ, SSA, virginia disability lawyer
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Rheumatoid Arthritis and Social Security Disability
Rheumatoid Arthritis
Rheumatoid arthritis is a disease that causes damage to joints, organs, and bodily systems due to inflammation of joint tissues. While inflammation is usually a response by a person’s immune system to disease or infection, the immune system of someone suffering from rheumatoid arthritis attacks the person’s healthy joints, causing pain, stiffness, and swelling in the joints. As the disease progresses, it causes difficulty in engaging in even ordinary activities, this includes things as simple as walking, standing, getting dressed and personal grooming.
Rheumatoid arthritis is not the same as osteoarthritis or other forms of arthritis. Instead, it is an autoimmune disease, which causes the body’s immune system to mistakenly turn on otherwise healthy tissue. Physicians diagnose rheumatoid arthritis by a physical examination, followed by blood tests to detect abnormalities and then by using body scans or bone scans to examine the effect of the disease on the person’s joints.
Symptoms of rheumatoid arthritis include pain and swelling of the joints that cause them to be tender to the touch, red and puffy hands, fatigue, fever, weight loss, and morning stiffness. Generally the smaller joints are affected first, followed by the larger joints and even the neck. Sadly, there is no cure for rheumatoid arthritis and doctors work to slow down the progress of the inflammation.
To be approved for Social Security Disability benefits due to rheumatoid arthritis or other inflammatory arthritis, you must may meet the requirements found in Listing 14.09 of the Blue Book.
These requirements say that claimants must have a three-month history of constant joint pain, swelling and tenderness that involves multiple major joints. These joints are defined as the hip, knee, shoulder, ankle, elbow, or hand and wrist. In addition, joint inflammation, swelling, and tenderness must be found upon physical examination by a doctor, despite attempts at treatment. You must also have considerable restriction of joint function. Finally, all these symptoms must be expected to last for at least twelve months.
If you think you may be entitled to Social Security Disability benefits and have questions, call The Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.
Posted in Social Security SSD/SSI
Tagged autoimmune, disability benefits, fatigue, fever, hip pain, inflammation, inflammatory arthritis, joint pain, knee pain, osteoarthritis, pain, RA, rheumatoid arthritis, SSA, ssdi for joint pain, ssi for arthritis, swelling, tenderness, weight loss, wrist pain
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Dayton, Ohio Social Security office among the slowest in the country
Dayton, Ohio Social Security office among the slowest in the country
According to a recent article in the Dayton Daily News, Ohio Senator Sherrod Brown’s state director met with officials from the Social Security Administration to discuss an enormous backlog of appeals for disability benefits.
The paper previously reported that the Social Security Administration’s Dayton hearing office has been ranked the second slowest in the country for the past two fiscal years. The speed relates to the office’s ability to process appeals for disability benefits. The office says it is working to reduce wait times, but Senator Brown says the action has not been sufficient. Those in the SSA are hoping that wait times continue to drop thanks to increasingly prevalent use of electronic medical records and a recently introduced video-hearing option.
Unfortunately, most applications are denied, but some choose to appeal their cases and it’s these people who have suffered due to the lengthy wait times in Dayton. Last year in Ohio some 21,511 people filed appeals for benefits, including 2,188 at the Dayton office.
In 2011, the average wait time for a decision in an appeal at the Dayton office was an astounding 491 days. This compares to a much shorter national average of 345 days. In 2011, only the office in Buffalo, New York was slower than Dayton’s. In 2010 the bottom two rungs were occupied by Dayton and another nearby Ohio city notorious for slow processing: Columbus, Ohio. That year the average wait time in Dayton came in at a whopping 596 days.
The Senator pointed out how important such hearings are, given that many are suffering terrible disabilities and need an answer quickly about whether they can begin receiving benefits. Slow processing times present a special hardship for those who lack income for necessities such as medication and health care. This can mean that some applicants fall even deeper into poverty or become even more disabled than they already were. Tragically, the Wall Street Journal recently discussed how since 2005 some 15,000 people have died while waiting for an administrative law judge to rule on their appeals.
If you think you may be entitled to Social Security Disability benefits and have questions, call The Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.
Posted in Social Security SSD/SSI
Tagged backlog of ssi claims in dayton, cinncinati social security wait, columbus social security disability wait, days until my disability hearing, dayton is one of the slowest disability offices in the country, dayton ohio odar wait times, how long does it take before i win my disability case, ohio disability wait times, ssi wait times for cleveland, toledo ssi wait, when is a disability hearing scheduled
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