Delays

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I have written extensively on this blog about the claim processing delays that continue to plague Social Security disability.  I suspect that there are a lot of folks out there who are suffering and struggling trying to stay at work, perhaps at the expense of their health, because they are concerned that if they stop working, they will run out of savings before their case is decided.  I recently received the following question from a gentleman named Steve who is fighting diabetes and diabetic complications and who finds himself with this quandary:

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When I talk about the disability claims process, one of the most important things I can do for folks needing help during this difficult time is to make sure they know what to expect.  This is especially true when it comes to the amount of time it could take from initial filing to a favorable decision.

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Back in August, 2007, I wrote a blog post entitled "How Long Do I Have to Wait for my Hearing Decision."   Back then I reported that in most cases, a claimant would have to wait two to three months for a hearing decision.

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Social Security has released its latest reports documenting delays in hearing offices throughout the country.  The report, from the Office of the Inspector General, does not contain a comparison to last year's report but it does appear to me that there has been a slight improvement in reducing delays.  In Atlanta, where I practice there has been a slight improvement from over 900 days delay to 713 day (downtown Atlanta) and 872 days (Atlanta North).

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This is completly frustrating! I wrote a dire need letter to my congressman and got an expidited hearing scheduled for March 5, 2008.  I am homeless, without a job for 3 years, and have a bipolar diagnoses along with other serious physical problems.  I called my lawyer the day before the actual hearing, and was informed he retired.  Someone whom I've never met is representing me.  I don't even know what he looks like.  Isn't this a fine how-do-ya do!  I was not notified and had I not called his office, I would have been completely uninformed.  How can I expect this replacement lawyer to represent me when we have never met?  What is your suggestion?
–Steve

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Finally – some good news about the SSA Disability hearing backlog.  In a February 26, 2008 press release, SSA Commissioner Michael Astrue announced that SSA had tendered job offers to 144 of the 175 new Administrative Law Judges that it plans to hire during fiscal year 2008.  The press release notes that the agency has 10% fewer judges that it did ten years ago, while the caseload has doubled.

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If you have read various posts on this and other Social Security disability blogs, you will note that there has been a lot of discussion about the delays that plague the system.  In the Atlanta hearing offices, for example, hearings are now just being scheduled for applications that extend back two or three years.

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CBS News is conducting an on-going investigation into the chaotic Social Security disability system and the outrageous delays that have become commonplace.  The report includes interviews with claimants who are clearly deserving, but who have suffered extreme financial and personal hardship because of extensive delays.

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The New York Times reports that a court battle over a Social Security Administration policy designed to punish employers who hire illegal aliens may have the unintended result of increasing delays in the Social Security Disability decision making process.

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