DISABILITY BENEFIT IN HUNTSVILLE - WHY IS IT SO DIFFICULT?

It's a good question: Why is it so difficult to get Social Security disability (SSDI) in the Huntsville area? Why does it take so long? Why is the process so dehumanizing and demeaning?

The short answer: It's meant to be.

Social Security's greatest fear is that the process of getting on disability will become too easy, too quick and too smooth and more people will apply. The Social Security Administration already sees itself as a sinking ship with no cargo left to throw overboard, and it doesn't want too many new beneficiaries drawing a check.

Those of us who deal with Social Security disability every day call it "The Ordeal."

I realize that politicians believe the system is being abused by people who don't deserve benefits. Their response is to keep tightening up the rules to make it harder and harder (and take longer and longer) to get benefits.

What I see is just the opposite. I don't see cheats or malingerers easily getting on disability benefits when they don't deserve it. Here's what I see in the real word: deserving claimants who have worked their entire lives are being poked, prodded, questioned, re-examined, denied, appealed, denied again, poked and prodded some more--and required to fill out hundreds of pages of questionnaires and appear before judges to get a chance at approval. I see individuals with legitimate disabilities denied time after time by a system that prides itself on making it difficult to meet the eligibility requirements. I see deserving and qualified claimants who lose their homes and, many times, everything they own, while waiting months or years to be to wade through mountainous volumes of paperwork before they can get a benefit. And it all got much worse after March of 2018 when the COVID panic began.

Prior to COVID in March, 2018, it took an average of 3 to 5 months to get a disability application processed. Yes, there was a high percentage of denials then; however, you could get a "Yes" or a "No" in 90 to 120 days. Today (2022), you're lucky to get an application decided within one year! The delay has more than doubled. If appeals are required, you may be looking at 18 to 24 months to get a decision.

Can lawyers or advocates make it happen quicker? Unfortunately not, in most cases. Can I make the US government work faster or more efficiently? No. Can I make the Congress appropriate sufficient funding for Social Security? No. Can I make a US government department more responsive to the people it serves? Of course not.

What an advocate/attorney may do for you is avoid errors in the application process. He or she may help you gather and evaluate medical evidence. The attorney/advocate can help you understand Social Security's complex rules and regulations. If you do have to appeal (70 percent will), your attorney/advocate can prepare your case for a judge and appear with you to argue the merits of your case. These things can be a tremendous advantage for you. Your representative may also help you get the most benefits, especially back pay for waiting so long.

Don't expect the Social Security disability process to be fast and easy. For the vast majority of claimants, it will not be. Claimants who are patient, stay the course and follow all available appeals have a pretty good at success--eventually.

The Forsythe Firm assists disabled individuals in the Huntsville-North Alabama area with fighting for the disability benefits you deserve. We charge no upfront fees and you only pay us a fee if your case is successful and you receive back pay. At that time, Social Security calculates our fee and sends us a direct check. You never have to write us a check.