Friday, September 30, 2016

4 Reasons That It Is Taking So Long To Get A Disability Hearing With The Social Security Administration

It is no secret that the Social Security Administration (“SSA”) has a significant backlog right now, but it seems that it is taking SSA a ridiculous amount of time to schedule a hearing with an Administrative Law Judge (“ALJ”). It is estimated that people are waiting an average of 525 days at the hearing level before appearing before an ALJ. ALJs oversee the hearing process through the Office of Disability Adjudication and Review (“ODAR”). The hearing process is the third stage in the Social Security Disability process.   
We recently met with a group of ALJs to find out why the ODAR backlog was growing. Below are 4 reasons for the lengthening timeframes.

1.       The ODARS are understaffed. – The ODARs currently do not have enough workers to handle all the cases. In fact, we were told that the ODARs were operating at a 31% staff deficiency per volume of cases compared to the staffing situation from a decade ago.

2.       SSA has a hiring freeze. – In spite of the growing backlog, SSA has a hiring freeze that is further impacting the waiting times. SSA has consistently had to deal with budget cuts that have prevented the Agency from staffing their offices to handle the volume of cases assigned.

3.       ODARs have had to change the way that they writing decisions. – It has become more time-consuming to write a hearing decision. The District Courts have encouraged SSA to add more detail to their hearing decisions to make them tougher to appeal. Thus, the ALJs have to provide more instructions to their writers and inject more details in the decision letters to make them ironclad should an appeal be filed.

4.       Duplicate records and last minute submissions of evidence create major problems for the ODARs. – When attorneys or claimants submit the same materials over and over or bombard the ALJ with sizable submissions a few days before the hearing, it creates havoc for the ALJs and their staff. Thus, they have asked all attorneys and claimants to avoid submitting duplicates and have prohibited attorneys from submitting evidence for the final five business days before the hearing.    

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.