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.

Earlier this month a federal judge blocked Social Security from sending out letters to employers advising them of discrepancies between workers’ Social Security information and government records.   Illegals often use fake Social Security numbers when applying for jobs.  SSA contends that a judicial requirement that the agency revise the letters or delay mailing them will cause significant harm to Social Security and may interfere with its ability to perform "core functions," including, presumably,  the adjudication and claim management of disabilty cases.

Acting Social Security deputy commissioner David Rust told the federal judge that SSA expects a significant increase in its workload during the first quarter of 2008 and that the agency is already facing a staffing shortage.

From my perspective as a disability lawyer, I am already seeing hearing files that are not properly prepared, and delays of up to three years for hearings.  A system that is already straining is lurching towards total chaos.

[tags] social security delays, immigration rules and social security administration, Judge Maxine Chesney, David A. Rust [/tags]