Denial of disability claims creates serious hardships
Saturday, December 01, 2007
Problems with a government safety net continue to worsen, threatening the physical and financial health of millions of Americans, including residents of Athens County, according to a report issued by the Athens County Department of Job and Family Services.The report echoes media accounts from across the country of a growing problem with people denied Social Security disability assistance.
"It's been an issue for years, and absolutely is a nationwide problem," said Jack Frech, executive director of the county agency.
According to the agency's report, backed up by statistics from Social Security Administration, of the 2.5 million people who file disability claims annually, nearly two-thirds initially are denied.
However, about 60 percent of those who seek to appeal the rejection eventually are approved for benefits but typically have to wait 1 1/2 to 2 1/2 years during a lengthy appeals process.
In the meantime, those appealing the initial decision often face serious issues from the lack of medical coverage and little or no income. Often, they experience home foreclosures and/or bankruptcies, addiction and/or depression, even deteriorating health problems, the report claims.
According to the report, eligibility for the Social Security disability programs in Ohio is determined by a bureau of the state's Rehabilitation Service Commissions. But both Social Security Disability and Supplemental Security Income offered to spouses and children of disabled workers are fully funded and regulated by the Social Security Administration. Both programs provide the disabled with financial assistance while they are unable to work.
In December 2005, 1,540 Athens County residents received Social Security Disability Insurance payments totaling more than $1 million, and of which 1,215 were disabled workers. The remaining were spouses and children who qualified for benefits.
At that time, average monthly payments to recipients in Ohio were $785; the average in Athens County was $721. Nationally, the average was $796.
According to the report, most applications for disability assistance are initially denied for either medical or technical reasons. In Ohio, about 73 percent of all applicants are denied at this first stage. Once denied, an applicant has 60 days to seek reconsideration. As of this year, about 11 percent of cases at this point in the process receive approval. But if denied again, the applicant can appeal by requesting a hearing with an administrative law judge.
Because of a backlog of cases, the average wait time for such a hearing can be as much as a year. However, more than one-half of all cases appealed for medical reasons that reach this level are approved.
Those that continued to be denied can appeal to a federal court, lengthening the process even longer.
Part of the problem, according to the report and the Social Security Administration itself, is the large backlog of cases caused by less federal funding to pay hearing judges and support staff.
In May, Social Security Commissioner Michael Astrue noted, according to the report, that "Congress has appropriated on average about $150 million less each year than the president has requested since 2001."
But the report and Frech question why do so many cases receive rejection in the first place. Frech doesn't blame the Social Security System.
"They are understaffed, and many of them will tell you they recognize the problems as well," he said.
"It can be changed, absolutely," Frech said. "They can do a better job of determining eligibility in the first place."
Unfortunately, Frech noted, many applicants never bother with the appeal process.
And those who do, while facing financial hardship, can seek help through other programs, although that assistance usually is not sufficient, Frech said.
For some with serious health issues, Frech said, the county can get them qualified for Medicaid programs. For others, food stamp programs might be an option.
"Many people have lost their homes and some their lives while waiting to receive benefits," the Athens County report concluded. "These people put their faith into a system that was supposed to help. The system has failed them and could fail thousands more if immediate, effective changes are not made."