The staffing and case backlog crisis at the Social Security Administration was the subject of a front page article in USA Today on Monday, July 30, 2007.  The article noted that SSA has over 745,000 cases pending with the average wait for a hearing at 17 months.  In Atlanta, Georgia, where I practice, the wait time exceeds 30 months (2 1/2 years) – and this is consistent with what I am seeing in my practice.

The backlog has doubled over the past six years and could reach 1 million cases by 2010.  For those of us involved in the Social Security system – private attorneys, claimants and SSA personnel, the delays in the disability decision making process are well known.  My clients frequently call to ask if there is anything I can do to speed up the process – sadly there is not much I can do.

Further, as I have reported previously in this blog, you can actually hurt your case if you try to work part time or undertake any activity that suggests that you can work.

[tags] social security delays, disability hearings, Michael Astrue [/tags]

I applyed in the end of July of 2005 and completed everything that they wanted and now it has been almost 8 months and still nothing I tried calling and she isn’t calling me back and haven’t recieved anything in the mail. –Jessie

Jonathan Ginsberg responds: Jessie, you don’t say where you live, but it appears to me that something is not right. First, after you apply, you should be sent a written acknowledgement of your claim. If you have not received this, then I would be concerned that your case file has been lost.

Second, the wait for an initial decision is usually three to five months. If it has been eight months, that is too long.

I would suggest the following. First, you should call SSA at 800-772-1213 to see if you are in the system. Confirm that they have your correct address and advise the telephone operator that you have not received anything about your claim.

Second, I would send a letter, return receipt requested, to your local Social Security office. If you have the name of an adjudicator, direct your letter to that person. Ask for a status update and also state in your letter that you have not received a denial notice of your initial application and that this letter should serve as your appeal of any such denial.

Finally, I would enlist the help of your Senator’s office. Every U.S. Senator has one or more staff persons who assist Social Security claimants. Sometimes a phone call or letter from your Senator can get the process moving. If SSA has lost your file, you will want to ask them to “rebuild” it while honoring your original filing date.

–Jonathan

I applied for SSD pension almost 6 month ago and have still no answer. Howe long can SSA try to starve you out. I`m also from Germany and ask myself what`s going on. I know there is a treaty with Germany caled totalisation agreemebt. When I went to SSA and applied for supplement SSD they told me I got enough credits (28) to get disability. That`s all good, but when howe long can they let me suffer so my sittuation is getting just worse? That`s exactly what the Insurance company (workcomp) already tried in the last 4 years. It wold be great if somebody can give me an answer. Thanx in advance. –JD

Jonathan responds: Joachim, thanks for your email. Unfortunately, you are discovering what most disability applicants know – the Social Security system is in crisis. It has been my experience that the typical wait for a decision at the administrative level is about 3 months – if it has been 6 months, I would be concerned. On the web site for my disability book I posted a link to a government report showing that the average case processing time is 3 years, of which SSA employees spend about 7 working days.

SSA has been known to lose files and this is a warning sign. I would suggest that you call the SSA field office that sent you an acknowledgement of your claim being filed to verify that your file is being worked on. You might also want to send in copies of your medical records (sent registered mail, return receipt requested).

It is not clear from your email if you currently live in Germany. If you live in the U.S., I would ask your Senator or federal Congressman for help as well. I also wonder – if you have any medical records from Germany, there may be a translation delay.
In my view any correspondence with SSA should be made in writing with return receipt requested. The bottom line – do not assume that SSA is looking out for you – you need to confirm that they have your file.

Jonathan