WHY DOES SOCIAL SECURITY TAKE SOOO LONG?

You apply for Social Security disability benefits. Your income has suddenly stopped or been drastically reduced. But not your bills. You hope for some quick relief from Social Security. But it isn't likely.

You are shocked to find that in a best case scenario, you can't get a check for 6 months or more. In more likely scenarios, you won't get a check for 18 to 24 months!

Why is this vital system so awfully slow? You might be surprised:

1. It was designed to be slow and difficult. The founders of Social Security decided back in 1935 that the program couldn't be too quick or too easy. There is evidence that the framers of Social Security realized that it mus be "an ordeal" or people would take advantage of it. It is the greatest "weeding out" program in US history. And weed out they do.

2. It is underfunded. There are reports that the Social Security Administration (SSA) is handling 4 times the workload with the same budget they had 10 years ago. The system, most say, will be unable to pay full benefits by around 2032 because the money won't be there. Just 10 years away!

3. COVID is often the excuse. Without COVID, who knows what the excuse would be? Starting in March, 2020 all Social Security offices closed their doors to the public. One Social Security employee told me, "This week I am working from home. Next week I will be in the office. The next week, who knows where I will be." The "pandemic" has wreaked havoc at Social Security and the state agency that helps make disability determinations.

4. If you don't meet a Listing, your case is likely to be denied. Listings are published medical conditions--along with a list of very severe impairments--that automatically qualify for disability benefits. Very few disabled individuals meet or equal a Listed impairment, yet they are still disabled and eligible for benefits. But around 7 out of 10 applications will be denied at the initial level.

5. The appeal process has recently become further encumbered due to adding a new, additional layer. The newer process is called "Reconsideration." In the good old days, when you got denied, you could take your case directly to an Administrative Law Judge for a hearing. No more. In 2019, Social Security added a new layer to the appeal process. It's called "Reconsideration." It adds about 8 to 10 months before a denied case can ask for a hearing before a judge. And how many denied cases get approved at the "Reconsideration" stage. On average, between 2 and 5 percent. It's a waste of time. I consider it a delaying tactic.

Can anyone speed up the disability process? No. It's a massive government program, run by government bureaucrats, and it's slow. Intentionally. Nobody wants to speed it up--except the claimant and his/her attorney. And they can't. Politicians complain about it because it gets them votes. However, they don't seriously want to change Social Security or they would.

So, what's your best bet? Answer: File, appeal, and appeal again. Finally you will get your day in court. If you stick with the system. Don't give up. Be sure you follow the proper process and be on time with your appeals. Having an attorney or professional representative will help you stay on track, meet deadlines, and put forth a persuasive case.

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The Forsythe Firm is a successful Social Security disability legal firm in Huntsville, Alabama--handling disability cases in Alabama, Tennessee and other states. For a free discussion about your case and possible representation, call (256) 799-0297.