This information may help claimants with representation, as well as claimants who are not represented by an attorney or non attorney representative. Understanding how the Social Security Disability system works can, in some cases, make the difference between winning or not winning the disability benefits to which a person is entitled. In pursuing a claim for benefits, claimants should learn all they can regarding the disability process to improve their chances of winning. |
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Why do disability cases take so long to decide? Disability cases handled by the Social Security Administration always seem to take forever to process. Why? Because, in a relative sense, the wait IS that long. Regarding time frames for the disposition of claims, you should immediately forget what your local social security office tells you (they typically tell claimants that decisions are made in either 90 days or 120 days). Unfortunately, such advice is not very useful. And for this reason: DDS (Disability Determination Services) doesn't have deadlines for case processing. That means that a case can take a month, or it can take a year. Personally, I've seen cases take a year, or longer, to process. And those were at the initial claim level. Reconsiderations usually take just as long as initial claims, and can sometimes take longer (though, generally, at each level, processing usually averages 3-4 months). Of course, if a claimant decides to follow the appeal process to the point where their case is heard by an Administrative Law Judge, the total wait, from start to finish, is very easily three years or more. The disability process will especially "seem to take forever" for claimants whose finances are rapidly deteriorating. Sadly enough, most claimants whose cases go as far as the hearing level will probably wind up in dire financial circumstances. A disappointing reality about the social security disability system is that cases wouldn't have to take forever if there were not so many claims inundating the system that are either frivolous, or unwinnable. As I said in another article, there are people who apply for disability simply because they are pregnant. No complications, no problems, just pregnant. And, related to this subject, I would say there are probably too many claims for Attention Deficit Hyperactivity Disorder. Certainly, ADHD cases should be taken seriously, because, in legitimate instances, ADHD is a severe and serious condition. However, there are a number of parents who think, because their children take Ritalin, they should receive a monthly disability check. For parents reading this article whose children have ADHD, this is how disability views this impairment: The fact that there is an ADHD diagnosis is not enough, nor is the fact that medication has been prescribed. In actuality, if an ADHD child is on medication but is doing fine in school (passing subjects and NOT in special classes), that child will have ZERO chance of being approved for disability. Nevertheless, social security is legally obligated to take every claim, even those that have no chance of winning. This is, to a large extent, the reason why disability cases seem to take forever. However, on the flip side, is this entirely a bad thing? Not really. Though some claims are frivolous, truthfully most are not. Most applicants for disability, in fact, have severe problems and need to have their cases evaluated fully and fairly evaluated. Therefore, the social security administration will not likely ever get into the practice of screening out cases, even if the unintended consequence is that disability cases will always "seem to take forever". Disability Advocates Help with Claims Free Case Evaluation |
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SOCIAL SECURITY DISABILITY ATTORNEY, REPRESENTATIVE LAWYER LIST ANSWERS TO YOUR SSD & SSI QUESTIONS PAGE 4 ANSWERS TO YOUR SSD & SSI QUESTIONS PAGE 5 |
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If you suffer from a medical disability such as hip, neck, shoulder, ankle, wrist, back, or other joint problems, disc herniation, degenerative disc disease, spinal stenosis, carpal tunnel syndrome, rsi or repetetive stress injury, inflammatory bowel disease, ulcerative colitis, irritable bowel syndrome, arthritis, dysthymia, depression or other mood disorders, congestive or chronic heart failure, type 1 diabetes, type 2 diabetes, diabetic neuropathy, high blood pressure (hypertension), seizure disorder, stroke, copd, emphysema, hearing loss or poor hearing, statutory blindness, peripheral field problems or other vision loss, clinical obesity, attention deficit hyperactivity or, simply, adhd, bipolar disorder or manic depression, panic disorder, schizophrenia, autism, head trauma, memory loss, low iq, mental retardation, learning disability, epilepsy, cancer, chronic fatigue, multiple sclerosis, lupus, anxiety, inner ear problems, meniere's, vertigo or dizziness, kidney failure requiring dialysis or other renal problems, cirrhosis, hepatitis, or other liver disease, pancreatitis, osteoarthritis, osteoporosis, asthma, bronchitis, cystic fibrosis, rsd or reflex sympathetic dystrophy, crohn's disease, sarcoidosis, peripheral vascular disease, lyme disease, cerebral palsy, down syndrome, hiv, aids, anemia, sickle cell, thyroid problems including hypothyroidism, esrd or end stage renal disease, reflux, gerd (gastroesophageal reflux disease), cfids, muscular dystrophy, coronary artery disease, cardiomyopathy, or tachycardia, bradycardia or other arrhythmia and have initiated or been denied on a social security disability, or ssi, claim for benefits, this site may assist you with your case. Social Security Disability benefits are often difficult to win; however many claims for social security disability are lost simply because a claimant did not know enough about the disability process to their social security or ssi claim. For information re: representation on a social security disability or ssi claim (attorney or non attorney representative), see the "questions" & "how" pages. |
| Social Security Disability Can you win disability if your doctor supports your claim ? |