Recently, an article was published in The Washington Post entitled: “597 days. And still waiting.” https://www.washingtonpost.com/classic-apps/10000-people-died-waiting-for-a-disability-decision-in-the-past-year-will-he-be-next/2017/11/19/24c5b068-adf2-11e7-9e58-e6288544af98_story.html
This article provides an in-depth look into the largely broken social security disability system. The article’s lead statistic, and it will grab your attention, provides that 10,000 people died in the past year while stuck in a backlog of judges’ disability cases. That stat alone should make politicians, and all Americans, sit up and pay attention.
The article follows one social security disability claimant through his experience of preparing for and attending the social security hearing he waited so long for. How long did he wait? Currently 1.1 million claimants wait for a hearing with one of the 1,600 administrative law judges nationwide, according to the article.
As an attorney who regularly attends social security disability hearings, I can tell you that the Judges have huge caseloads, making prompt action impossible. Waiting is a way of life in the social security disability world. Our fee petitions sit un-ruled upon for years. Our clients’ back benefit checks take inordinate amounts of time to issue. It takes months for written decisions to come down after the hearing. My opinion is that largely the Judges are doing the best they can. Due to a shrinking budget, the Social Security Administration is hamstrung by a lack of resources, manpower and time.
Additionally, the article paints a picture of a social security disability attorney, jaded by the system. While certainly social security disability law can be discouraging, my experience is that the article unfairly shows only a singular, narrow viewpoint of what it means to be a disability attorney.
I believe that most of my colleagues care deeply for their clients. One particular issue I have is that the article portrays the attorney frustrated with his client for not receiving enough treatment for his conditions, later referring to his client as an idiot. Let me clear, I am faced daily with my clients’ real world problem of not having the money to get medical treatment, thereby not generating enough medical evidence to win the case. Each time I see this vicious cycle, my heart goes out to my clients, knowing that if they had resources to receive treatment, or if their illness didn’t prevent it, the medical records would be what I need. Blaming the client for this is impossible dilemma is unfair.
I find that those participating in in the social security disability adjudication process are mainly doing the best they can. Attorneys, Judges, Vocational Experts, physicians, and most importantly the claimants are simply attempting to do their best in an underfunded and inflexible system. The article does reveal just how stressful the hearing can be, for the claimants especially. It is a unique and frightening experience to wait years for a 30 minute hearing before a complete stranger who will decide your disability case. The benefit, while small, usually does mean the difference between financial stability and poverty. As I tell each of my claimants before the hearing: this experience is about the Judge’s assessment of you. They have already seen the records and they already know your work history. What they don’t already know is who you are and if you are credible. The hearing does help provide the Judge that personal contact that could make the difference.
I believe this article sheds an important light on the disability process that all Americans need to be familiar with. I agree the system needs to be better staffed and better funded. But we must remember the social security system is also filled with great people, who care deeply, who are experts at their jobs and who want justice to be served.
Peter Casciano
(240) 240-2872