From our FAQ section
| My doctor says I will never be able to do my usual occupation and I don’t know anything else; shouldn’t that be enough for me to win? |
The SSA will determine if you can still do your past relevant work by examining all jobs you have done for the past 15 years. But, even if you cannot do your past work, you may still not win if the SSA determines that you should be able to do “other work” considering your age, education, and work experience. The SSA is responsible for providing evidence demonstrating that “other work” exists in significant numbers in the national economy that you can do.
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Social Security Disability Law Office, P.A.Attorney, Robert C. Gray |
Data show disability benefits can depend on judge
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| Data show disability benefits can depend on judge |
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The following article appeard in USA Today July 1st, 2011 and was written by Mike Chalmers, USA Today
The growing number of people seeking Social Security disability benefits are finding vast disparities in how their claims are decided.
The gap is most obvious among the Social Security Administration's 1,400 administrative law judges (ALJs), who hear appeals from people who believe their initial application was unfairly denied. Some judges approve most claims they hear, while others approve almost none, federal data show.
After years of releasing the data only by request, the agency now posts monthly updates of each judge's numbers on its website.
Congress and the agency's inspector general have begun looking at the disparity. Yet both Social Security officials and advocates for the disabled say they are reluctant to interfere with the judges' independence.
"Congress has been pretty enthusiastic about the idea of ALJ independence," said Social Security Commissioner Michael Astrue, adding that only "a handful" of judges have approval ratings above or below average.
"They can't tell an ALJ how to decide cases, but they can make sure they follow the agency's policies." said Ethel Zelenske, government affairs director for the National Organization of Social Security Claimants' Representatives.
The Social Security Administration reports about 8.4 million disabled workers nationwide get an average monthly benefit of $1,069. Another 8.1 million low-income disabled people with little work history get about $500 a month in Supplemental Security Income. More than 2.9 million people applied for disability-worker benefits in fiscal year 2010, up 38% over the past five years, agency figures show.
To cope with the increase, Social Security has added about 200 judges in the past five years and streamlined the process of reviewing claims. The average wait time for a decision has steadily dropped, from a peak of 532 days in August 2008 to 354 days last month, agency data show.
Kathleen Schuitemaker, 53, of Lincoln, Del., worked as a nurse until a 2003 car accident left her with severe back pain. Unable to work, she applied for disability and moved in with her elderly parents four years ago.