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Old 11-02-2011, 03:00 AM
LIT LOVE LIT LOVE is offline
Magnate
 
Join Date: Mar 2010
Posts: 2,304
10 yr Member
LIT LOVE LIT LOVE is offline
Magnate
 
Join Date: Mar 2010
Posts: 2,304
10 yr Member
Default Rant!

I was researching SSR 11 further since you're the first one at Neurotalk that has written about a scenario that previously would have suggested concurrent applications. Anyway, at socialsecurityinsider they stated it might take up to 18 months for you to hear back from the Appeals Council. Add another 9-18 months for a remand, and you're looking at being in limbo for years. You can find average wait times for ALJ hearings in the statistics by following the link in my SHOCKED thread.

While I understand SS's reason/justification, it's going to create major hardships for countless applicants.

I have met 5 or 6 people over the years that have become homeless during or after the SSDI application process. 1 women I met while waiting at the local SS office lived in her car and then a shelter with her daughter for over 3 years. One man I met in PT lived out of his truck and slept at campgrounds when he could scrape the funds together. A young man I met that helped me when I was struggling with my cart was living on the street after an SSDI denial even though he was delusional and was Schizophrenic. Those that have struggled financially, but have been able to keep their head above water, have had family they could depend upon or they were able to advocate for themselves and get other government resources. I've described it before as a mean game of chicken on the government's part. And honestly there can come a time in anyone's health when regardless if your children go hungry, a person is unable to work.

Personally, I think that attorneys being able to only collect from backpay is a reason why there is such complacency about dragging the process out. Applicants are prepped to expect the odds are against them to get approved early on, but roughly 1/3 of applicants nationwide are approved at the first stage. Attorneys make little to nothing until around the ALJ level, so they've had ZERO incentive to get the process shortened. If attorneys or advocates could make a smaller fee for helping an applicant get approved before backpay is applicable, maybe that extra incentive would be the first step in changing the system.

Just to mention, attorney's can request additional payment past the 25% or $6000 max flat fee rate when representing you past the ALJ level. So, their incentive is always going to be to chase the appeal. They used to be able to do that AND protect their clients urgent needs with the 2nd application. Now, even when a person has a solid legal appeal, it's not always going to be in the clients best Interest to pursue it now, unfortunately. You sure can't pause your children's lives while waiting to get approval!

If there were penalties for egregious legal errors by the ALJ's, maybe that would help as well? The statistics show that there is no consistency.

The effect of mistakes by applicants, by docs, by SS processing, by ALJ's etc. are now compounded since SSR 11 was put into effect in July!

I wish you the best of luck in your battle. Sorry if some of this was a bit off topic, but my thoughts were with you tonight, that's for sure.

Last edited by LIT LOVE; 11-02-2011 at 07:03 AM. Reason: Typo, then correction of statistic!
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