A Sign of the Times

It is no secret that it has become increasingly more difficult to get Social Security Disability Insurance (“SSDI”) benefits and/or Supplemental Security Income (“SSI”) benefits. The programs have been under attack by politicians and the media alike. Part of the attack is warranted. There have been some instances of fraud in the last few years. Most notably, there was a scheme being run by certain former New York City police officers and firefighters. For more information, please read: http://www.wsj.com/articles/SB10001424052702303880604579404893769824188. Thankfully these individuals have been caught and they should be prosecuted to the fullest extent that the law allows.

However, there is a growing perception that there are many individuals receiving SSDI/SSI who do not meet SSA’s stringent standards. I disagree with this perception. I can only speak about the area that I practice in, which is most of California, but it is truly difficult to navigate the SSDI/SSI process. If you do not have supportive objective evidence, and the support of a reputable doctor, you will not be awarded SSDI/SSI. Reputable SSDI/SSI attorneys only take cases after they look at the medical evidence and determine a case is meritorious, because if a claimant is NOT disabled, SSA will deny the individual. Of course, there are always despicable human beings out there who try to work the system and these few apples spoil the barrel. However, these crab apples usually get caught.

In spite of the fact that I do feel that disabled claimants represents the lion’s share of individuals receiving SSDI and SSI, there is clearly a backlash taking place against these programs. Judges are denying cases in record numbers. Disabled Americans are being denied benefits, even when they meet SSA’s strict standards.

We learned this week that the largest Social Security Disability law firm filed for bankruptcy and is expected to significantly reduce its staff over the next two years due to the changing climate in the Social Security Disability sector: http://www.wsj.com/articles/social-security-disability-firm-binder-binder-files-for-chapter-11-1418965824.

In all honestly, I do not expect the SSDI/SSI skepticism to improve anytime soon. As always, I recommend that before you even consider applying for this program, you have a talk with your doctor to see if he/she thinks your impairment and/or impairments prevent you from working.

Got a question about SSDI or SSI that you need us to answer? Please check out our website at www.westcoastdisability.com . We try to provide you with helpful information on our website that will allow you to successfully navigate the Social Security Disability process. Also, feel free to email me your questions at megan@westcoastdisability.com or call me at (800) 459-3017 x 103.