Shrink Rap on the Social Security Perspectives blog has linked to a biography of Dr. David Gray, recently hired as Social Security's Deputy Commissioner for Disability and Income Security programs. He is replacing Martin Gerry. Here is a picture of Dr. Gray. I think the picture is worth looking at, since it shows Dr. Gray to be what most people think of as a "disabled" person, although he is clearly not disabled in Social Security terms since he is working.The problem is that most people's perception, or perhaps prejudice about what constitutes or causes disability is far from reality. Let me list some problems, many of which are somewhat linked, that strongly predispose one to become disabled. Indeed, a combination of two or there of these may be more closely linked to filing a disability claim than being in a wheelchair. Most Social Security disability claims feature one or more of these problems.
- Below average intelligence
- Low educational attainments
- Lack of job skills
- Chronic psychiatric problems
- Progressive illness, one that gets worse over time, such as diabetes
- Medical condition causing chronic pain
- Poor medical care
Mr. Hall is failing to distinguish between "handicapped" and our worn application of the term "disabled." One might find just a hint of discrimination in his comments.
ReplyDeleteMy experience with judges who are handicapped is that they are less sympathetic to claimants. They have typically overcome a lot to get where they are. The ones I've dealt with tend to believe that if they can overcome such adversity why shouldn't anyone else do the same?
ReplyDeleteAnon #1: One might also find that he is never happy about anything SSA does.
ReplyDeleteAnon #1: What are you talking about? There is no discrimination at all in Charles' comment. He is pointing to an irony in the law. If Dr. Gray were not working, he would automatically qualify as "disabled" under Social Security law. However, as it is he has a great deal of skill and intelligence which permit him to work. The reality is that "disability" does not always equate with what Social Security says it is. The factors to which Charles point to are very much true. I would add that the gradual disappearance of low and unskilled work in our economy is exacerbating the problem of people who are unable to work because of a lack of skills for one reason or another.
ReplyDeleteI agree with your thoughts re: the intelligence/psychological factors. I see it all the time and they are key factors in a claimant's ability to function in life and in work, despite impairments.
ReplyDeleteMost of the ALJ's I've dealt with in my short career so far seem willing to accept such arguments and when they are not, federal courts appear to be finding that consideration of these factors is within the spirit of the laws-->
See, e.g.-->
Wilson v. Astrue, -- F.3d --, No. 06-3627 (8th Cir. July 19, 2007) (uscourts.gov).
I had a couple of successful hearings this spring on similar facts.
Gray's apparent condition relative to his hiring does look like a political statement. It is one, however, I could see being made by either party.