Inaccurate Attacks of the Social Security Disability Insurance System

I was really pleased to see column by Michael Hiltzik of the Los Angeles Times  (See http://www.latimes.com/business/hiltzik/la-fi-mh-wsj-disability-20150309-column.html#page=1  )responding to inaccurate and skewed article published by the Wall Street Journal (“WSJ”) on Monday which cited to outdated statistics to give a very inaccurate portrayal of the Social Security Disability Insurance (“SSDI”) system.  Lately, the WSJ seems hell-bent to paint a picture of a fraud-ridden Social Security Disability system run by grant-happy judges. The WSJ seeks to portray a large percentage of Social Security Disability claimants as freeloaders who could work, and the attorneys who represent them, as snakes in suits who try to manipulate the system in unethical ways.

 This is not the case. The overwhelming majority of attorneys, judges, and claimants associated within the Social Security Disability realm are ethical individuals trying to navigate an increasingly difficult benefit system.

I personally do not represent anyone whom I do not feel is disabled. In fact, I turn away many more people than I actually retain due to the fact that I will not represent anyone who does not meet SSA’s definition of disability in my eyes. I review the medical records for each claimant before I take on a claim to ensure that the objective and clinical findings indicate disability. In my opinion, it does not make sense to take on a case for a person who is not disabled from either an ethical or a business standpoint.   

Likewise, I do not know of a single Judge in California who will give benefits to a claimant that he/she does not feel is disabled. Just like the majority of U.S. workers, SSA judges also pay into the Federal Insurance Compensation Act. Judges aren’t looking to waste Federal funds. In my vast experience as a Social Security Disability attorney, I feel the overwhelming majority of judges are trying to make the right decision in each and every case. There are always grey cases that require more deliberation and forethought, but most judges are trying to make decisions that are just.

 Lastly, the vast majority of claimants, in my experience, truly do suffer from severe physical and mental impairments that are creating employment difficulties for them. Unrepresented claimants who apply for benefits, who do not meet SSA’s strict standards, often are not familiar with the exact definition that SSA applies to disability claims, especially if these individuals are receiving benefits from other disability programs with different standards – like State Disability and Worker’s Compensation.  Often, no one has explained to these claimants SSDI requirements, and thus, many unrepresented claimants are unaware of SSA’s exacting standards. Thus, some individuals do apply for the program without understanding eligibility requirements. This does not mean they are trying to fraudulently obtain benefits. It means that SSA has to do a better job at educating unrepresented claimants as to SSA’s definition of disability.

 SSDI is by no means a ticket to instant wealth. The average monthly benefit amount for a disabled worker for December 2014 was $1,165, which amounts to an annual benefit amount of $13,980. The 2015 National Poverty Standard for a single individual in the 48 contiguous states and the D.C. is $11,770 (See http://aspe.hhs.gov/poverty/15poverty.cfm#thresholds ).  Thus, the average monthly benefit barely keeps an individual over the national poverty threshold. Most people would choose to continue to work at a job, where he/she could earn a living wage, rather than be near poverty thresholds.

There are exceptions to every rule. There are bad seeds in every facet of life. However, the few despicable individuals who tarnish the SSDI system should not be the only faces that irresponsible journalists repeatedly highlight. Just as judges and attorneys have an ethical obligation to uphold and follow the law, I just wish that all journalists still practiced the art of fair and balanced reporting. However, there are bad apples in every barrel and I am thankful to the journalists out there, like Michael Hiltzik, who still try to provide fair and balanced news.

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.

What is SSA’s Bluebook?

The Social Security Administration (“SSA”) enumerates common illnesses and impairments in a “Listing of Impairments”, which includes listings for both adults and children. It appears in the Code of Federal Regulations (CFR) in appendix 1 to subpart P of part 404. These Listings are commonly referred to as the “Bluebook”, as SSA historically published these listings in a book with a blue cover. Since these listings are available online, SSA has stopped publishing the “Bluebook.” The listings, however, are still available at: http://www.ssa.gov/disability/professionals/bluebook/listing-impairments.htm.

The Listings do not include every illness, disease or impairment that exists. In fact, many conditions like fibromyalgia, migraines and chronic fatigue syndrome are not listed. However, the listings include some common impairments that may constitute disabling impairments, if the impairment arises to the severity outlined in the corresponding listing text. You can also be found disabled if your impairment is as severe as a listed impairment, even if your particular condition is not listed in the Bluebook. This is referred to as “equaling” a listing.

Please note, however, individuals suffering from an impairment can still be found disabled even if their conditions do not exactly fit the Administration’s criteria in the listings. In such instances, age and vocational background are often crucial factors in such claims.

 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.