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Disabled? For benefits, apply, keep waiting
Social Security judges say jump in caseloads is overwhelming them
Sunday, Aug. 16, 2009 | 2 a.m.
A Look at the Disability Case Backlog in Nevada
The Social Security Administration by the numbers
- 472: Average age of cases in Nevada in days
- 495: Average age of cases nationally in days
- 83.8 days: Processing time for an initial claim in Nevada
- 547.5: Average number of decisions per year per judge in Nevada
- 737: Average pending caseload per judge in Nevada in 2009
- 675: Average pending caseload per judge in Nevada in 2008
- 3: Number of SSA judges in Nevada
- 500: Minimum number of cases judges must decide, per SSA
Fiscal year 2009
- +23.2 percent: Initial claims from 15,118 to 18,671
- +33.5 percent: Reconsideration claims from 3,433 to 4,586
- 2,211: Cases awaiting hearing
Sun Archives
- Editorial: A disabled agency (7-31-2007)
AP Coverage
- Disability benefit claims surging (7-31-2009)
- 50 million retirees to get $250 checks in May (4-29-2009)
- Social Security clogged with disability claims (4-1-2009)
The Social Security Administration is being slammed by a surge in disability and retirement claims that is threatening to shortchange applicants and cripple a system that, even before the downturn, was starved for resources.
To cope with the growing tsunami, the agency is putting pressure on its ranks of administrative law judges, both here and nationally, to clear a massive backlog of disability appeals cases. But the union representing those judges says the hearing officers are overworked — and that some, under threat of disciplinary action, have been cutting procedural corners to hit the agency’s mandate of 500 to 700 cases a year.
Since October, the number of people waiting to have a claim processed has jumped more than 30 percent, from about 556,000 to 736,000 last month. Although most of those initial claims will be denied, many will end up before an administrative law judge on appeal. Nearly 750,000 people are waiting for a hearing before overwhelmed judges.
“No one ever says, ‘do a sloppy job,’ ” said Marilyn Zahm, executive vice president of the Association of Administrative Law Judges. “But to pretend you can keep pumping out decision after decision and spend the requisite amount of time on each case is foolish. That’s shortchanging people, and the system will lack integrity if you do not require everyone to do a good job.”
Where the growth is
The disability program, available to people who can no longer work due to injury or illness, is the fastest growing segment of Social Security, with spending on benefits growing at almost twice the rate of retirement benefits. Officials attribute the surge in claims to newly unemployed workers who continued to work despite an injury and to Baby Boomers reaching their most injury-prone years.
Also, there are laid-off workers looking for any available income.
Zahm, speaking on behalf of the judges, said they are being called to account by the Social Security Administration for their failure to meet a case threshold the union considers unreasonable. Some have been told to submit written plans on how they intend to reach the minimum of 500 cases, she said. Others have simply been told to hit the target, period.
Social Security Commissioner Michael Astrue has said that 500 to 700 cases per judge is a reasonable standard, telling the Associated Press last month that some judges were “not holding their weight.” In a written response to a Sun query, the agency said more than half its administrative law judges meet the standard.
An agency spokeswoman noted that Nevada judges exceed the mandate, deciding on average 547 cases per year.
But the judges union insists the expectations are unrealistic — and that judges will feel the bind even more as new appeals cases roll in.
No more corners to cut
In some regions, Zahm said, agency officials have raised the threshold floor.
“Corners are being cut in order to accommodate a backlog and at the end of the day everyone is going to suffer,” she said. “People have a right to expect due process ... At a certain point, no more corners can be cut.”
The fear, she said, is that legitimate claims may be rejected or fraudulent claims accepted in the rush to do business.
Indeed, the pressure and disciplinary threats have caused some judges to take shortcuts, Zahm said.
“Hearings are being shortened, not all information in the file is being reviewed, not all medical reports are being obtained, and full and legally defensible decisions may not be rendered, either because due consideration hasn’t been given or the decision is poorly written,” she said. “When people have too much work to do in the amount of time allotted to do it, you get sloppy work.”
In a report on the disability case backlog, the judges union warned against increasing a judge’s workload, noting the estimated cost of each case to the Social Security Trust Fund: $250,000, including Medicare costs. “Disability hearings deal with the lives of real people, not inanimate objects on an assembly line,” the report said. “Each case deserves adequate time and attention.”
Time-consuming process
In Nevada, the number of disability claims has jumped 23.2 percent this year, from about 15,100 last year to more that 18,600 in July. The number of people appealing rejected claims has increased 33.5 percent, from about 3,400 to more than 4,500. More than 2,200 people here are waiting for a hearing.
On average, it takes the state nearly three months to process an initial disability claim. And although that measure has improved this year, the progress may not last. Nevada is one of roughly a dozen states requiring furloughs for state employees who process claims. The average age of cases here, from claim to final ruling, is nearly 16 months — slightly better than the national average.
Cases go to other states
To improve service in Nevada, the Social Security Administration says it has transferred about 1,000 Las Vegas cases since March to hearing offices in other states “that have the capacity to handle them.” The agency plans to hire three more judges for Nevada next year, doubling the number of administrative law judges here.
Although welcoming additional hires, the union says it wants systemic changes. Among its recommendations: allowing government attorneys and claimants to discuss — and possibly resolve — cases before they reach the hearing level. Today, judges are independent arbiters who are responsible for much of a case’s fact-finding.
Nationally, agency officials estimate they’ll receive 3.3 million new disability claims over the next year. Congress has boosted the Social Security Administration’s budget and the economic stimulus package gave the agency $500 million to help cut the appeals backlog.
Kathryn Olson, staff director for the House Ways and Means Subcommittee on Social Security, told judges at a recent forum organized by their union, “You just need the money to properly administer the program. Too much pressure to crank out cases really does undermine the integrity of the process.”
Commissioner Astrue has pledged to cut the backlog to normal levels by 2013.
Information from the Associated Press was used in this story.
Discussion: 16 comments so far…
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I heard Obama wants to eliminate Social Security and give AIG and the banks another bailout instead so they can hand out more million dollar bonuses to their executives.
It's all part of Obama's plan to systematically eliminate senior citizens from the country.
He wants nobody older than 50 or disabled living in this country anymore.
Petergun....you're so funny....I needed a GOOD LAUGH this morning. Thanks
A human being was only meant to live about 50 years anyhow.
MRJB...facts are,you would be right if we are talking about 1940-1950 or earlier.But these days being "healthier" even late into your 80's is not uncommon...hence the additional years of checks. The Pharmaceutical companies have a pill for ANYTHING that ails you...and you know that to be the truth. One other MAJOR issue are Babyboomers...like me go out and retire early adding to the rolls years early. They knew this day would come since the 40's....well its here and this BABYBOOMER is enjoying it !!
There are tens of thousands of homeless disabled people living on the streets because the can't afford to challenge their Social Security Denials; and without disability benefit & that disability certificate they can never get into housing. God the torture those people have to go through, being tortured by the poverty pimps, forced to live on the streets & belittled & abused in those HORRIFYING prison-like shelters.
Funny this isn't on the Obama government takeover list, oh SS already is another fine government operation. Never mind.
rejco...
if you spent 1/10th of the time actually getting out of your mom's basement and actually DOING something to help the homeless instead of just posting stupid rants about them, you could probably do a lot of good.
so either work for a solution or shut up.
This is why we need the Obama death panels, so "soilent green seniors" can be processed in a solar powered facility in central Nevada. The Republicans must be rounded up first of course, especially the radio talk show hosts, then all the Christians, so we can have the Islamo-communist-fascist state.
stevem, I'm working with my 7th homeless veteran I've helped get a job & housing. He's got a VA & POVERTY PIMP files 5 inches thick telling how addicted & mentally ill he is; funny thing is HE'S NOT ADDICTED OR MENTALLY ILL AT ALL! Chris has been working as a Stand Grinder for a specialty steel company for two months and just moved into a little studio; what I helped him do in 2 1/2 months, the POVERTY PIMPS US VETS & the VA could not do in 4 1/2 years of Chris living on the streets or in their INSANE PRISON-LIKE PROGRAMS. Chris had been telling the POVERTY PIMPS for years he needed a good job & housing, not the MANDATORY 12-Step religious cult, group therapy nonsense and sick & nasty prison-like jammed packed shelters and dead-end worthless jobs where the POVERTY PIMPS mandate STEALING their paychecks to pay for make-believe services the already tapped the taxpayers for. Chris and I are going out for a beer later on; THAT SHOULD HAVE THE POVERTY PIMP SOILING THEIR PANTS!
My program: Real Housing, Real Training, and Real Jobs. ABSOLUTELY NO FORCED RELIGION, NO 12-STEPS RELIGIOUS CULT, and NO GROUP THERAPY EVER! WORKS EVERY TIME! And it cost taxpayers or me anything but a little time!
One more thing, Chris said telling the Poverty Pimps that he was not an addict/alcoholic got him labeled seriously mentally ill. What the Poverty Pimps do to the homeless IS CRIMINAL!
The BIG JUMP in claims are for the most part FALSE claims. Let them wait years for a negative decision...
Ahhhh....yet another Government-run program struggling. And the Democrats wonder why people don't trust them to force us to Government-run Health Care. They just don't get it! It really is good to see the awaking of the American people. See what happens when one party gets too much power. They forget the people and turn to arrogance and dictatorship practices. The government should never get so big that the people have to fear it - EVER! ObamaCare needs to die a silent death!
As a disability examiner I know too well the unnecessary claims being submitted. Our hands are tied with strict rules set by Congress. Also, congress is looking at tightening the rules for older workers. If you wait to see a Law Judge, they are not bound by our rules and so they look charitable. The waste in government is appalling and good reason for not having a health plan run by it. As a mother of a veteran I know first hand how poorly the vets are treated. To have any vet homeless is shame on you America.
What a mess for are children. We better start swing the BIG BAT or live like other third world countries.
Social Security Disability, just another entitlement that will burden future generations with higher taxes. Actually it is a ploy used by the unemployed. When unemployment goes up, so do disability claims. Check it out, it's the truth. Obama should hire all those unemployed as disability inspectors. They won't do anything but thats normal for "Guvmint" workers.
Aah, Stevem looks like you got a slap in the face.
How many people are aware that different departments of our government have been "borrowing" money from Social Security, SS, and haven't been paying SS back? Is there any confusion why SS is going broke? For all the years money has been payed into SS, many citizens pass away before all of their funds have been paid out. Where do the funds go from the accounts where the person has passed yet there are still funds left in their accounts? Does this money go into a slush fund for poor politicians? Any ideas? Anyone? When someone gets robbed they want to know who ripped them off. Of course our gov. won't look into this . For what reason?