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.

When Georgia Congressman John Lewis set reduction of SSA’s disability case backlog as one of his top priorities, the Atlanta North processing time for claims was the worst in the country at 828 days, and in Atlanta proper it was 750 days.  He noted that “people are waiting years for benefits they deserve, some are even dying while waiting. This is simply wrong…Somehow the richest, most powerful nation in the world must find a way to meet the needs of these Americans. They have suffered enough. They should not suffer at the hands of their government.”

Mr. Lewis testified before the Budget Committee, and urged his colleagues on the House Ways and Means Committee to give SSA the funds needed to hire more Administrative Law Judges and disability claims staff.

Last month, Social Security Commissioner Michael Astrue announced that for the first time in a decade, the agency ended its fiscal year with fewer pending disability hearings than in the previous year.  It closed FY 2009 with 722,822 pending hearings – a reduction of more than 37,000 cases from its 760,813 hearings pending at the start of the fiscal year.  Processing time for cases also improved over the same period, dropping from an average of 514 days in FY 2008 to 491 days in FY 2009.

“Our backlog reduction plan is working, and progress is accelerating,” Commissioner Astrue said.  “Even in the face of a significant increase in our workloads as a result of the worst recession since the Great Depression, we have reduced the hearings backlog for nine consecutive months.  Thanks to the efforts of thousands of hardworking Social Security employees and the additional funding we received from President Obama and the Congress, we have exceeded our backlog reduction goal for this year.”   Click on the link to see SSA’s recent news release discussing these developments. Read more on SSA’s Disability Case Backlog Reduced for First Time in a Decade…

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.

Fast forward to 2009.  That two to three month period is now four to six months.  Here's why:  about 18 months ago, the Social Security Administration convinced Congress to allocate more money to hire new administrative law judges, and SSA immediately hired around 100 new judges.  At the same time, Social Security put into process its conversion from paper files to electronic files and they created the infrastructure to provide for video hearings.

In Atlanta, where I practice, SSA created a video hearing ODAR office in Marietta, Georgia with three hearing rooms available to handle video hearings.

The good news – Social Security is now equipped to offer claimants administrative hearings.  The bad news:  the hearing offices often do not have enough support staff to process all of the decisions being issued by new judges and judges appearing by video. Read more on I Have to Wait How Long for my Hearing Decision?…

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).

Read more on Hearing Delays Statistics Updated…

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

Read more on Last Minute Lawyer Substitution – Is This a Problem?…

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.

Read more on Finally, Some Good News About the Hearing Office Backlogs…

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.

Read more on A Disturbing Explanation for Why Hearing Schedules are So Far Behind…

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.

Read more on CBS News Reports on Social Security Disability Claim Delays…

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.

Read more on Immigration Dispute May Result in Increased Disability Delays…

Dear Jonathan,
Hello. I have a question concerning my court hearing please.   On May 17th, 2007, I went to my disability hearing. 2 months later I contacted them to find out my status and they told me the decision was made the day I went to court. I continued to wait and still heard nothing. So I called again today, and they told me there was not a decision made yet. Now I am confused, and I have no money and I'm a single parent. My disbility is social anxiety and depression. I really don't think I can work at this time, but I don't know what to do. I first applied for this July 2004. I have a lawyer, but she doesn't know whats going on. Please help.
Thank you, Barbara

Read more on How Long Do I Have To Wait for My Hearing Decision?…

With delays in Social Security disability cases reaching three years, it was inevitable that settlement advance funding would be adapted to include Social Security disability cases.  Yesterday, a company called AnyLawSuits.com purchased a site review from me through Reviewme.com, which is a marketplace that allows website owners to purchase blog reviews.  I thought that AnyLawSuits.com's concept is interesting because they say that any advance issued to a claimant would not have to be repaid if the claimant lost his disability case.

Read more on Is Settlement Advance Funding Available to Social Security Disaiblity Claimants?…