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by Linda Sunkle-Pierucki

Created on: October 25, 2008   Last Updated: October 29, 2008

Social Security Disability is one of those hot-button subjects that people tend to get riled about without understanding the issue. It appears everyone knows someone who is receiving Social Security Disability without appearing to be disabled. These same people seem to feel that having someone receive Social Security Disability somehow is taking something away from them personally. They also resent the fact that those who have never worked, or have worked sporadically seem to be drawing a check from Social Security. Therein lies the issue-Social Security Disability does NOT go to those who have never worked or paid into the system, unless they are the dependent of someone who paid their dues via Social Security taxes and their disability was diagnosed while they were a dependent child.

The cash payments most people are upset about are not Social Security Disability but Supplemental Security Income-not the same thing at all! Although administered by the Social Security system, Supplimental Security Income or SSI is not taken from Social Security funds but from the Treasury's general funds. SSI is awarded to disabled individuals who dont have enough paid-up "quarters" in their work history to qualify for Social Security. Most of those receiving SSI that appear to be able-bodied have documented mental disabilities that make it impossible to work most jobs. Whether or not these recipients actually are totally incapable of work is a moot point: they have met the requirements of the system via medial records, doctor's statements and mental diagnostic criteria.

Until about twenty years ago, there was a loophole in the SSI regulations that allowed the drug and alcohol dependent to be classified as disabled for the purposes of SSI. That law was changed and those people removed from the SSI roles unless they could prove an underlying mental disability or illness-many did. And in truth, one likely has some form of mental illness to ignore and endanger their own welfare, destroy their families and alienate themselves from society simply for a drug or a drink. Many were diagnosed with Post-Traumatic Stress Disorder or similar maladies that we seem not committed to finding a solution for. That, however is an issue of SSI NOT SSDI-or Social Security Disability Income. The maximum SSI monthly grant is about $630 a month.

Social Security Disability Income, or SSDI, is available ONLY to those who have worked a full forty quarters at the minimum. Many people who receive SSDI have paid into the system far longer than this ten year minimum. SSDI grants, when they are awarded, are based on the amount the recipient would receive were they able to work til full retirement age. And SSDI is awarded only after the claimant has gone through a lengthy medical evaluation period and likely one or more appeals. The claimant must be unable to work for five months due to injury or disease before the claim can be started. The injury or illness must be expected to last at least 12 months or to end in death. All medical records will be gathered from all treating physicians. A full two-thirds of all first applications are turned down after 60 to 90 days.

Once the application is turned down, the appeals process begins. It is at this point the wise applicant engages a Social Security Disability attorney. Because of the volumes of paperwork and supporting files needed, most injured or ill workers have difficulty completing them to the satisfaction of the disability examiner. This process is often far less concerned with the actual injury or illness and its impact of the claimant's ability to work than on completing legalese paperwork to the satisfaction of the examining party. The successful SSDI claim relies on the claimant not being able to engage in ANY gainful employment, not that they can resume their previous career or perhaps can only work a few hours a week at minimum wage. If it is considered that they can work at all, they are denied. Doctors, for their part, are reluctant to declare the patient totally unable to engage in any gainful employment. In the meantime, the disabled person is racking up huge medical bills and likely has been refused further treatment because of unpaid balances, has wiped out their savings and ruined their credit. Unless they can qualify for welfare-difficult in most states if the claimant holds any assets such as a newer paid-for automobile-they will have no income in the interim.

Disabilities under the SSDI evaluation system are quite detailed and somewhat difficult to meet the way the laws are administered. Pain, for instance, was not considered in how a disabling condition was to be evaluated until very recently-many examiners do not follow the changes in the law regarding disabling pain. Spinal injuries in particular are difficult to quantify as to pain because different people react to apparently identical spinal damage in different ways. Some types of injuries and illnesses cause the claimant good days and bad days-the good days will be the standard judged upon. Eighty percent of appeals are turned down. The next step is a hearing before an administrative law judge. It may take over three years to schedule a hearing.

If the claimant survives to the hearing level, approximately sixty percent of claimants are awarded benefits. By this time, of course, the claimant has been out of work and without income for a period of several years. Many are forced into foreclosure, marriages are broken and the claimant likely suffers depression or anxiety over the situation. None of this process has addressed their needed medical treatment; nothing has addressed all they have lost while being jerked around by the system. They can look forward to having their condition re-evaluated yearly and the process many start all over again if the re-evaluation shows any improvement in their condition.

Simply looking at the percentages of claimants approved at the third level is evidence that the system is flawed and weighted heavily against the disabled party. From the numbers, we can see that 79 people out of a hundred applicants are eventually awarded disability payment. One can surmise the other 21 people either died, became well enough to work in the interim or simply gave up and survive on welfare. Even awards for the time back to the first claim of injury often cannot compensate for that which the disabled person has lost and cannot be regained. The SSDI system negatively affects the health and living conditions of the claimant simply because it is designed to be overly punitive simply for filing a claim.

There is no reason that any common process of dealing with government bureaucracy should require the claimant to engage the services of an attorney simply to get what is rightfully theirs. The Federal Government likely gains from maintaining the unfair and punitive system simply because a number of these claimants will either improve over time or die before court. In either case, the process likely didn't make it through to completion and no benefits will be paid unless a survivor or returned-to-health worker is wise enough to follow through. The odds show that a number ofpeople not currently receiving SSDI benefits likely are qualified for them. As a caring and fair society, there is no reason these people are made to suffer needless financial pain and mental anguish simply because the system is so flawed. This is an issue people would be wise to take up with their congressmen as changes can only come via changes in the law. Since many people find themselves disabled every year through no fault of their own, this flawed system cannot be revamped too soon.

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