Reaching unprecented levels, the backlog for new Social Security Disability and Supplemental Security Income cases is worsening instead of getting better. Since 2000, the backlog at the Administrative Law Judge (ALJ) hearing level has more than doubled from 310,000 cases to 765,000 cases. Although the waiting time varies between states, currently, the average waiting time is amost 500 days. Consequently, many applicants lose everything they have or even die before their ALJ hearing.

According to the SSA, the definition of a disability is "You cannot do work that you did before. We decide that you cannot adjust to other work because of your disability; and your disability has lasted or is expected to last for at least one year or result in death."

If you file for disability, approximately 60% of initial applications are denied. If you file an appeal, the next level is the Reconsideration level. It is a paper review by a different disability examiner. The denial rate is even greater at this level. Approximately, 80% of the cases are denied. If you appeal again, the long wait for an Administrative Law Judge hearing begins. Although over half of the denials are reversed at this level, by this time many people have suffered from irreversible damage. If you appeal the ALJ's decision, you case goes to the Appeal's Council. At this stage, there is a one year minimum at least. Like the Reconsideration Level, it is basically a paper review of the legality of ALJ's decision and any new evidence submitted. Like the Reconsideration level again, the denial rate is approximately 80%. The last appeal is the Federal District Court. At this level, the case is either awarded or sent back to the ALJ with instructions.

Even before the latest increase in cases, it is no exageration that people die before they recieve ther rightful benefits. Below are a few examples.

• Mark Wild discovered he was diabetic at 19. Throughout the years, his severe diabetes required frequent hospitalizations. Although he tried working and going to school, his illness and fequent hospitalizations interfered. Massive medical bills, no life outside his parent's home and hospitalizations, and fear of yet another SSDI rejection weighed heavily on his mind. A few days before his hearing Mark was missing, but his watch, ring, and a bullet lay on his nightstand. Two days later, Mark's attorney called and told his mother he won his case without a hearning. Two hours after this call, Mark's parents were visted by a deputy sherriff and chaplain. Hunters found Mark's body dead in the woods from a self-inflicted gunshot wound.
• A Key West Florida woman was shot five times in the liver and abdomen by her husband. As a result of the gunshot wounds, she had related disabilities and chonic obstructive pulmonary disease. Her claim was denied in April 2006. In March 2008, she had her ALJ hearing. She died within the same the month. SSA approved the case after her death.
• A Charlotte, North Carolina man was a pipe insulator for fifteen years. At 52, he had congestive heart failure, chronic atrial fibrillation, pneumonia, obesity, and peripheral artery disease. He applied for SSDI in March 2006 and was denied. In November of 2006, he requested an ALJ hearing. He died in August 2007. Four months later, SSA approved his disability without a hearing.

For every publicized case of the devastation caused by this situation, how many more unpublicized cases are there?

Many people wonder why there is such a high level of disparity between the rates of approval on the initial applications and Reconsideration levels compared to the high reversals at the Administrative Law Judge hearing levels, Although no one has an exact answer, these are several theories.

• Denials based on pain - Many disabiity cases are based on pain. Since pain is subjective, it is hard to determine whether the quality and intensity of the pain are disabling.
• The effect of malingering - Some people think Congress believes if people are given the opportunity, they will choose disability over working. In my opinion, this is absolutely ridiculous! No one is their right mind would rather go through the anxiety, depression, and economic hardship of trying to win a disability case compared to working.
• At the initial application, not as many people have attorneys in comparison to the Administration Law Judge hearing level. Furthermore, the extra length of time between the initial application and the ALJ hearing provides an opportunity to develop a stronger case.
• Compared to the initial application and Reconsideration, at the ALJ hearing, you have an opportunity to present your case in person. Since the ALJ can see you and listen to you, it may give your case more credibility. However, if you do not have legal representation, your odds of winning your case are markedly less. Furthermore, the legal fees cost either 25% of the back money owed by SSA or $6300, whichever is less. Tell me, do you think it is right a person who is so sick they can't work anymore should have to hire an attorney to collect what should be rightfully theirs?

In addition to the high denial rate on the initial applications and at the Reconsideration levels, the wait for an Administrative Law Judge hearning is unacceptably long. Furthermore, this is not a recent problem; it has been going on for years.  Some of the reasons for this are:

• Years of underfunding and a decrease in support staff - Until the Economic Stimulus package, the agency had staffing levels below those seen during the Nixon Administration.
• Worries about malingering has led to tighter scrutiny.
• Litigation and financing shortages prevented hiring new Administrative Law Judges.
• Changing demographics. The baby boom generation has led to an increase in disability claims.

In addressing the average 500+ day wait for an ALJ hearning,  the economic stimulus package gave SSA $500 million to hire more staff and judges. However, even though the backlog decreased for six consecutive months, it is on the rise again.

Since October 2008, the number of people waiting to have a claim processed has risen by 30%. Furthermore, according to Allsup, the average time to process an initial disability claim will increase by 20% this year. Adding to these problems, on the state level, at least 10 states have furloughed hundreds of employees that process these cases because of budget shortfalls. In fact, California has furloughed more than 1400 workers for three days a month through 2010. Even more disheartening, on the federal level, since administrative expenses are running short at the end of their fiscal year, SSA has suspended all hearings for people seeking disability benefits during September 2009. When people were already facing homelessness and dying before they recieved their benefits, these actions compound the problem.  Hence, at least for the SSDI program, the economic stimulus program was a bandaid that didn't stick.

Before this article becomes another one read and forgotten, consider these facts:

• Three in ten people will become disabled before they retire.
• According to the Census Bureau, 18% of Americans have some form of disability while 12% have a severe disability.
• Sixty-five percent of Americans are living paycheck to paycheck. According to a report by MetLife, 50% have less than one month's savings for emergencies, and 28% have less than two weeks of emergency savings. Even people making $100,000 or more, 28% still had only one month's savings.
• Forty-six percent of all home foreclosures are caused by disability and half of all bankruptcies are caused by medical reasons.

Life can change in a second. Considering the statistics, you, a loved one, or someone you know will more than likely become disabled. Furthermore, will you or they be able to survive this torturous, agonizing wait without financial devastation or even a worse fate.

Think about it. If you have children, you may qualify for AFDC. However, more that likey, a disability applicant's income was far greater than AFDC benefits. Furthermore, if you're single without chldren, you don't even have that option. Can you imagine trying to pay all of your bills and survive month after month on minimal or no income. Furthermore, you've already been denied for disability benefits twice, can you imagine the underlying fear that you will be denied again?

If you are denied again, you would either have to reapply for benefits again or appeal to the Appeal Council. Unfortunately, the Appeals Council is similar to the Reconsideration level since they review the legality of ALJ's decision and any new evidence. Most of these cases are ruled in favor of the judge, and an appeal is then made for a Federal District Court Review. Most of these cases are either sent back to ALJ or approved for benefits. Either way, if you appeal the ALJ's decision or you start over again, you are looking at a long, long time before any decision is made or benefits are awarded.

Unless you have gone through this struggle personally, there is no way to imagine the anxiety, fear, and despair the current system inflicts. It is both inhumane and cruel. This problem has gone on for far too long and destroyed too many lives. Tragically, it will continue even longer unless the public gets more involved. If you care, contact your elected officials today.

Are you disabled? Considering 60% of the initial applications and 80% of the Reconsideration level cases are denied, can you afford to go 500+ days without any income waiting for an Administrative Law Judge hearing? If not, learn how to cut through the red tape and successfully acquire benefits the first time you apply. For more information Click Here!