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SSA's Proposals To Cut Backlog Of Disability Cases Well Intentioned But Not Practical

Posted: January 09, 2009

Buffalo, NY -- The Social Security Administration (SSA) recently announced new measures to reduce backlogs in processing Social Security Disability claims. As of November 2008, there were 766,476 cases backlogged nationwide, still considered “historic proportions,” according to the Federal Register, November 10, 2008. In the region covering Buffalo and Rochester, more than 11,000 cases were backlogged as of April 2008, with claimants waiting approximately 24 months from the time a request for a hearing is filed to obtain a hearing with an Administrative Law Judge (ALJ).

“The SSA is proposing to do three things: begin to use the Nationwide Health Information Network (NHIN) to obtain medical records for applicants; institute Expedited Records Requests where they get permission from applicants to obtain records by email instead of asking for signatures on forms sent by snail-mail; and by beginning to schedule hearings for Administrative Law Judges (ALJs) the SSA considers to be lax in holding hearings,” said Paul M. Pochepan, senior attorney, Jeffrey Freedman Attorneys at Law.

“The SSA wants every ALJ to hold a minimum of 500 hearings per year.”

The National Organization of Social Security Claimants Representatives (NOSSCR), is concerned that by doing the scheduling for ALJs who they consider slow, the SSA is overstepping its bounds. ALJs are appointed under the Administrative Procedure Act (and function under the Office of Disability Application and Review -- ODAR), which guarantees their independence from agency influence, said Nancy Shor, executive director of NOSSCR in a response she submitted to the Commissioner of Social Security. NOSSCR does not approve of the SSA taking the discretion away from the ALJs regarding scheduling, and mandating that they hear 500 cases per year. Additionally, enforced scheduling of hearings does not address the root problem, Shor said.

“We believe that the primary reason for the continued and growing disability claims backlog is that SSA has not received adequate appropriations for its administrative budget for more than a decade.”

From 2001 to 2007 President Bush asked Congress for approximately $180 million a year more for the Social Security Administration than it awarded. In November 2007, according to an editorial in the New York Times, Congress passed a health, education and labor spending bill that would have given the Social Security Administration $275 million more than the President asked for and would have allowed the SSA to hire many more judges and provide better services. President Bush, however vetoed the bill.

Pochepan said that while people wait to receive their benefits, they experience severe financial difficulties which could affect their ability to participate in the SSAs proposed Expedited Records Request program. NOSSCR reports that currently in the Buffalo region an average of 618 days passes between the time of a claimant’s initial application and the awarding of benefits.

“Our clients frequently go without paychecks or any other kind of support for a couple of years before they receive benefits,” Pochepan said. “Some of them don’t even have regular access to the Internet, which means emailing medical records release forms to them may not help speed up the process.

“From the standpoint of attorneys who represent disability claimants, the most critical thing the government can do is shore up ODAR’s budget so local offices can hire more staff.”

Jeffrey Freedman Attorneys at Law has 13 offices throughout Western New York, which handle bankruptcy, social security disability, and personal injury cases.

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