Should I Be On Disability?

Recently Senator Tom Colburn lead an investigation into the Social Security Disability claims that were awarded between 2006 and 2010. According to Senator Colburn’s report, it is believed that approximately a quarter of 300 randomly selected cases were awarded “without properly addressing insufficient, contradictory and incomplete evidence.” This is concerning claims that were approved by ALJs only and not lower-level awards.

Could this be true? After such a long road in an attempt to obtain benefits and getting denied time and again, it seems to be a disservice to not only taxpayers, but the disabled claimant as well. Even if the decision is a favorable one, it must be properly adjudicated within the limits of the law.

The Social Security Administration has already responded to Senator Colburn’s report by saying they are aware of the issue regarding ALJs, and have already taken steps to address same. “We share the subcommittee’s concern that a small number of judges have failed our expectations with regard to a balanced application of the law, proper documentation, proper hearings and proper judicial conduct,” Agency  spokesperson Mark Hinkle said.

This may be true, but it is good enough to protect the rights of disability claimants? The issue raises several questions that are of concern to people not only applying for benefits but also people who are already receiving them.

For instance: Is it going to be tougher to win benefits in the future? Probably. SSA is going to have to become more vigilant about how the ALJs are coming to decisions. According to SSA’s response to the subcommittee’s report, SSA has undertaken a “vigorous set” of initiatives and say they have made “substantial progress” over the last five years. What this means exactly, however, is unclear.

Will I lose my benefits if my claim was improperly adjudicated? That is hard to say right now, but very worrisome nonetheless. If a claim was awarded erroneously due to improper adjudication, will the claimant have to pay the price even though it was not the claimant’s fault?

In light of this investigation, it is more important than ever to obtain knowledgeable representation if you chose to pursue a disability claim. A disability attorney can help assure your claim is given proper attention and that everything is done according to the law. Your attorney can’t control what SSA does, of course, but they can react to whatever injustice SSA may have inflicted. Social Security law is very complex, so it is hard to find the right answers when you have a problem. Sometimes a claimant may not even know there is a problem because they do not have the expertise to recognize it. A disability attorney will answer all your questions and protect your rights through every step of adjudication.

Written by Anna Westfall

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