SSA increases oversight of judges in disability determinations
The Social Security Administration (SSA) recently announced plans to increase its oversight of judges (ALJs) in the disability determination process.
February 25, 2014 /24-7PressRelease/ -- In an effort to improve
consistency in the disability determination process (SSDI), the Social Security
Administration (SSA) recently announced plans to step up its oversight of the
administrative law judges (ALJ) who are responsible for awarding or denying
disability benefits.
The Social Security Disability Insurance
program provides financial benefits to people who are unable to work
because of a mental or physical disability.
The program has increased
substantially in the years since the U.S. economy took a downturn in
2008, and there are now approximately 11 million people receiving
disability benefits nationwide.
New job descriptions for judges
To expand its oversight of the eligibility determination process, the
SSA is rewriting the job descriptions of approximately 1,500 judges, who
in the past have been given broad discretion over the outcome of
eligibility hearings.
In recent years, these eligibility hearings have yielded notoriously
unpredictable results. According to a 2011 report by the Wall Street
Journal, an applicant's likelihood of being awarded disability benefits
can vary dramatically depending on the judge; while a handful of judges
award benefits in nine cases out of ten, others deny benefits nearly as often.
The new job descriptions will include language stating that the judges
are subject to supervision and will remove the words "complete
individual independence," the WSJ reported. It is hoped that the changes
will increase accountability among the judges and allow the SSA to take
corrective measures when judges award or deny benefits inappropriately.
Disability benefit determination
Before becoming eligible to receive SSDI benefits, an applicant must
first establish that he or she meets the SSA's requirements for being
considered "disabled." To do so, the applicant must demonstrate that
each of the following is true:
- The individual cannot work because of a medical condition.
- The condition has lasted or is expected to last for a year or more, or is expected to result in death.
While the process of applying for SSDI benefits
may seem relatively straightforward, in practice it can be cumbersome,
time consuming and often frustrating. Not only is it necessary to submit
medical records and other evidence of disability, but in most cases
applicants are also required to attend an eligibility hearing before an
administrative law judge.
Benefits often available after initial denial
Overall, first-time disability applicants are denied benefits as much as, according to some estimates, but a majority of
denied applicants who pursue an appeal are eventually awarded benefits.
In many cases, working with an experienced Social Security Disability
lawyer can significantly improve an applicant's chances of being awarded
benefits, whether it is a first-time application or an appeal.
(Article provided by The Berkley Law Firm
Visit us at www.berkleylaw.net
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