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How and Why Social Security Makes it Extremely Difficult to Change Lawyers

Several times a month I hear from a potential client who expresses dissatisfaction with their current attorney (or non-attorney representative) and wants me to review their claim for possible representation. In some cases the potential client has already dismissed the representative and is looking for new representation.

Unfortunately Social Security makes it complicated to change attorneys – although it can be done.

Delays in Your Case Arise from SSA’s Massive Dysfunction

First, I would tell anyone who is thinking about firing their current representative to think twice about this step. The Social Security Administration is massively dysfunctional and most of the time the long delays in disability cases is not the representative’s fault.

A recent article in the Washington Post describes this dysfunction in very stark terms – SSA has effectively been closed for in person access for almost two years (since the beginning of the pandemic) with no projected re-opening in sight. SSA employees are working at home, often without necessary equipment or access to needed files.

According to SSA’s own statistics, the “head count” of Social Security employees in 2021 was less than it was in 2008 despite a massive increase in the number of baby boomers retiring and demand for Social Security’s services. Callers to SSA’s “800″ number are routinely put on hold for hours before having their calls disconnected.

If you want to get a sense of what is going on “inside” SSA take a moment to read what a Social Security field office manager has to say about the state of operations. Statements like “we are a disaster and holding it all together on the back of managers that are breaking” and “many agents don’t have updated mail machines so we must weigh envelopes individually and seal them by hand. The process takes hours. After outgoing is done all day – we handle incoming. Hundreds of documents from the public daily in some cases. Items go missing regularly” don’t inspire a lot of confidence. Continue reading →

Did You Choose the Correct Onset Date for Your Social Security Disability Claim?

What onset date should you use for your Social Security disability claim? Choosing the earliest possible onset date can benefit you in many ways – you may qualify for additional months of past due benefits – which can put hundreds or thousands of dollars in your pocket.

The earlier your onset date, the earlier you qualify for Medicare. When you are awarded SSDI, you become eligible for Medicare two years after the date you first become eligible for disability payment. So choosing an earlier onset date can qualify you for Medicare that much earlier.

In some cases, an early onset date can qualify you for SSDI when at first glance you only qualified for SSI. Remember that to qualify for SSDI, your disability must begin – your onset date – before your date last insured for SSDI. So an earlier onset date may put you back into SSDI status. Continue reading →

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