Jeff Caplan at the Fort Worth Star-Telegram has written another piece on the effects of the horrible hearing backlog at Social Security. I'll give you an excerpt, even though he's quoting me, since I was stating some things that most reading this already already know but which haven't been stated in this sort of article before:
... Initially [claimants with their own stories of hardship due to the hearing backlog] who contacted the Star-Telegram, said they were hesitant to air their grievances publicly for fear it would be detrimental to their cases.
Those fears are unfounded, said prominent disability attorney Charles Hall of Raleigh, N.C. He believes the Social Security Administration follows press reports and “perhaps usually speeds up the process when a case gets reported.” ...
Hall’s advice for anyone who believes they qualify for disability benefits is to start the process immediately. Too many people, he said, are convinced they will get better and will be able to return to work.
“They view filing for Social Security disability as unpleasant and demeaning. They think of it as a one-way trip, that if they file a disability claim that they can’t ever return to work. That’s not the way it is,” Hall said. “If a claimant gets better, they can always return to work. It’s frustrating to me that many of my clients wait until they’re destitute before ever filing a claim.
“It’s bad enough if you file the claim quickly. It’s so much worse if you wait until you’re homeless.”
9 comments:
Good advice, Charles. I completely agree and advise clients to file as soon as they think they might be off work for an extended time period. Most clients, unfortunately, don't get better to RTW and only put off applications due to misplaced pride or shame.
Agreed. Many think they have to be off a year before they apply rather than have a condition that might last a year.
Some of us... Well, me... Actually thought if you fought the good fight until you couldn't do it any more... that that effort would be rewarded. For 30 YEARS I managed to get by with Ankylosing Spondylitis (and epilepsy). I was fired 3 times a few days after having a seizure at work. I was fired once for "lack of agility." I dug trenches in mud, causing a LOT of pain, for $5 an hour because it was the only job I could get at that time. In 2012, as my capabilities were fading fast, I did what I had to to hold on. My doctor told me to file for disability, because. "...it was just a matter of time... ". I went back to work after 9 months off, he retired... Five months later, I could no longer work. I ended up getting denied by ALJ. I see no chance of being able to work. Hell, operating a remote control is often too painful... I think I now understand Riggs in Lethal Weapon. He doesn't want to die. He just wants the pain to end and death seems the only way that will happen. What I am trying to say is... File as early as you can. Don't wait until you KNOW you can no longer work.
I agree with applying as soon as possible. "Worst" case scenario, you go back to work and withdraw the claim.
But I don't think it's always wise for claimants to talk to the media. Yes, SSA might speed up some things (if there's dire need or another reason for a critical flag; if someone just needs to knock a few heads together at the payment center to get an award effectuated) but if the claimant says something dumb to a reporter, or stands up for an on-camera interview without a cane, or keeps it together and sounds more intelligent or composed than their psychiatrist would describe them, it could be a mess. Even if the ALJ doesn't see it, OIG could. And getting a CDI investigation is not fun.
In an attempt to preserve protective filing and such I guess we should just file for everyone at age 50 now?
When preaching to the choir the crowd misses the message.
File as early as you can is a good plan but it does add to the workload and that also adds to the backlog to pay the "truly disabled".
2:59 PM. As a claimant, the backlog is going to exist, whether you file or not. Therefore, if a person misses any time due to illness, etc. and there is a chance they could miss significant time, it is in their best interests to apply early. The sooner you do, the sooner your hearing, if needed, will be. If I would have applied in 2012, not only would gotten a hearing sooner, it would have given me more time for further appeals. Plus, I would have known earlier what evidence needed to be acquired. You put what I have learned with SSA and how differently Hillary and Trump have been treated by the FBI...Brady and the NFL in federal courts... It has only made me cynical of the entire "justice" system.
Use to have my worker comp clients wait 6 months to file claim, then 3 months. Now, I have them file as soon as they walk in the door if they are close to/over 50. In California, we have 2 years of temporary total disability and 1 year of state disability. It is not unusual for my clients to completely run out of funds before their case is heard. Can't risk it.
Post a Comment