Statement of Linda Fullerton, Social Security Disability Coalition, Rochester, New York

My name is Linda Fullerton and I am President and co-founder of the Social Security Disability Coalition, a national, all volunteer organization that provides support and information to disabled people to help them collect Social Security Disability Insurance benefits. As you begin this hearing on protecting and strengthening Social Security, I ask that you please include in this discussion the issues facing disabled Americans and the promise of Social Security Disability benefits to them.  When debating Social Security changes, Congress and the American people need to understand that Social Security is an insurance program not a pension plan strictly for retirees.  Social Security is the widely used term for Title II of the Social Security Act which in technical terms is called Federal Old-Age, Survivors and Disability (SSDI) Insurance.  I must remind you that the key word in that title is INSURANCE.  How is privatization going to effect those citizens who are under 55 or retirement age? SSDI, and survivors benefits are accessible at any age and part of the same plan.  Your Social Security statement, which is sent each year to every worker age 25 or older, gives an estimate of retirement, disability and survivors benefits that could be paid, as well as other important information.  All 3 programs use the same benefit formula so changes in one affect them all.  As of December 2004, 69% of all Social Security beneficiaries were retired workers, 17% were disabled workers and 14% were survivors of deceased workers.  You often hear as the reason for the SS “crisis”, is that baby boomers due to retire will drain the trust fund, and there aren’t enough workers to cover them since people are having fewer children.  When addressing this issue you must also raise concerns about the tax cuts to wealthy Americans, the unemployment rate, lack of decent wage jobs and the millions of jobs shipped overseas as additional major reasons the SS trust fund is lacking.

I have been permanently disabled since 2001 and unable to work due to several incurable health conditions, and currently receiving Social Security Disability benefits after fighting for a year and a half to receive them.  During the wait time to process my claim for benefits, my debts accumulated, I used up all my life savings, and was on the verge of bankruptcy. After being awarded SSDI benefits and retroactive pay, I had to use the retroactive money to pay off debts incurred while waiting to get my benefits.  Furthermore, before being awarded my Medicare benefits in June 2004, because of the two year mandatory waiting period for Medicare for the disabled, I had to spend over half of my SSD check each month on health insurance premiums and prescriptions, in addition to co-pay fees. To help others avoid similar a situation, I co-founded the Social Security Disability Coalition (SSDC), a national volunteer organization based out of Rochester, NY of which I am also the president.  This group offers support and information to disabled Americans, that will help them file for their SSDI benefits and it is focused on reform of the Social Security Disability program which is in serious need of immediate attention. 

The Social Security Disability Coalition was formed in January of 2003 and currently has over 1400 members from all over the USA:

In regards to the possibility of benefit cuts or changes to the COLA, which have also been discussed, I ask that you consider this - I can say for a fact that with the possible increases now in the Medicare premium (just read talk of another one planned for next year), prescription drugs, additional health plans to Medicare raising premiums each year, and increases in everything else - food, gas, clothes, shelter etc that even at the current COLA rate I am getting less every year and my expenses continue to increase at a rate that the COLA never compensates for. Supposedly Social Security was never set up to be a sole source of income, but for many who are disabled, including myself, who can never work again, it truly is our only source of income for the rest of our lives.  Since the amount we get is the same as those who are retired we will always be kept in poverty status as we have no other way to increase our funds/savings since we can no longer work. It is a continual source of stress which just makes our health conditions worse. I hate the fact that I am doomed to live the rest of my life being sick and in poverty. It is no wonder the depression and suicide rate is so high among the disabled population of this country!

Disabled Americans are often viewed as "disposable" people, and nowhere is that more obvious than in this debate on Social Security privatization, and in the way majority of Congress up to this point has kept us out of it.  Yet, we are the ones who will be most adversely affected by any changes that might take place.  I hope you will take the steps to change that and address the fear and frustration that is resulting from the prospect of having our benefits taken away or cut.  Since the SS Disability program is so closely tied to the retirement aspect of  the Social Security program, you cannot make changes to one without directly affecting the other.  Rather than create a crisis that doesn’t exist at this time, Congress should focus on the REAL Social Security reform crisis that all Americans need to be made aware of, and affects ALL of them UNDER retirement age.  We also have many other programs in crisis that provide for the health and well being of the nation, that need immediate attention in addition to Social Security Disability, such as Medicare and Medicaid.  It is also crucial that we come up with affordable health insurance for ALL Americans.  The American people have told their leaders many times over that this is what they want, and Congress should not be wasting  precious time and tax dollars on a manufactured “crisis”.  The solvency of Social Security can be protected with bi-partisan measures such as it was in the 80’s under President Reagan and then Congress can focus on the real problems at hand. 

Disabled Americans who are trying to access their benefits NOW can lose everything they have ever owned and worse yet even die in the process.  The Social Security Disability Program is severely understaffed, violating Federal regulations, their own SS policies and destroying/abusing disabled Americans on a daily basis.  The money saved by fixing these problems would be more than enough to keep SS solvent for years to come, and some disabled Americans could possibly return to the work force contributing back to the system, which is almost impossible now, since often irreparable damage is caused during the application process.  It would also alleviate some of the Medicaid crisis which every state faces, since often Social Security Disability applicants due to the devastation on their lives while trying to get SSD benefits, are forced into the Medicaid and other Social Services programs in their states as well.  As a result of the problems with the current SSD program they are forced to live in poverty and rely on two programs instead of just one for the rest of their lives.  

The disabled members of the Social Security Disability Coalition, along with the rest of the disabled citizens of this country are scared that they will not be able to get the SSD benefits they need, and those of us already getting SSDI benefits fear we will face benefit cuts or even total benefit loss.  We are very stressed and concerned with the changes that could take place. And it is commonly known, that stress of any kind is very detrimental to those with disabilities.  Our group and experiences, are a very accurate reflection and microcosm of what is happening to millions of Social Security Disability applicants all over this nation. 

Social Security: The Hidden Dangers of Privatization

Since the talk of privatization has been focused on the retirement aspect of Social Security, I ask that you address the hidden dangers of Social Security privatization that the American people are not being told about.  Disease, tragedy and death do not discriminate on the basis of age, sex, race or educational background.  They can strike at anytime throughout your life without warning, and you may need to file claims for other essential Social Security insurance benefits.  Currently you are asking the American people to not only gamble with their money, but you are asking the disabled to gamble with their lives! 

Social Security Disability Benefits – to qualify individuals must have a severe physical or mental impairment that has lasted or is expected to last at least 12 months or result in death that prevents them from working.  Most people qualify for Medicare after receiving disability benefits for 2 years.  When a person stops working because of their disability, they may qualify for disability insurance if they are below normal retirement age. Then, if they are still disabled when they reach normal retirement age, their benefits automatically convert to retirement insurance, but they get the same amount.  In 2001, the Government Accountability Office (GAO) studied several plans to change Social Security. It concluded that, compared to the current program, people with disabilities would get much lower benefits under plans that would use payroll taxes to create individual private accounts.

A Downward Spiral Into Poverty For Millions Of Americans

Since talk of Social Security privatization started, Congress has had to deal with a manufactured “crisis” and has not been able focus on actual crisis areas, such as the Social Security Disability program (designated by GAO several times to be a high risk area), Medicare and Medicaid.  The following chilling scenario already happens to millions of Americans of all ages everyday, due to the crisis with the other programs mentioned above.  If privatization of Social Security is approved, the chances of this happening on a even wider scale will increase dramatically, and the effects will be even more devastating than they are today.  Keep in mind when reading this example, that under the proposed Social Security privatization plan, people will be allowed to put up to $1000 per year of their payroll taxes into a private investment account that cannot be touched under any circumstances, until they reach retirement age.  Also keep in mind that the average American has very little money, if any at all in savings accounts, in case of emergency.  Most would not have enough savings to survive on for more than two months if they could no longer work.  Those that have investment accounts rather than savings accounts, which often pay higher interest rates, are at the mercy of the very unreliable stock market and millions of dollars as we all know have already been lost there.  

EXAMPLE:  It is 2006 and the Social Security Privatization Act has passed.  Americans are now allowed to divert a maximum of $1000 a year from their payroll taxes into a relatively safe government managed investment account.  They are not under any circumstances (according to current proposals) allowed to touch this money until retirement age.  Our subject John graduates from college at 21 and lands an entry level job right out of school at a local computer firm in his area.  His starting salary is $30,000 per year.  The company offers a traditional pension plan and after 5 years he is vested in the plan.  After the first year of employment, if he should he lose his job, he can transfer the money into a private account of his own choosing outside the company plan or keep it where it is until he reaches retirement age.  When the SS Privatization plan took effect, the company dropped the 401k plan that they offered, in addition to the traditional pension plan, in order to cut costs.  They do offer health insurance with a choice of 3 different HMO plans, and again to cut costs, the employee must contribute a portion of their own pay in order to be covered under one of these plans.  Also to keep costs down the company does not offer any private disability insurance plans.

Jump ahead to the year 2011 and John at 26, is now earning $50,000 per year.  He has been taking full advantage of the new SS Privatization plan and for the last five years has diverted $1000 a year of his payroll taxes to his private account.  He also has about $50,000 in a traditional savings account and decides he wants to purchase a new house.  He decides to put down $30,000 out of his savings on the new house, and the mortgage payments are $650 per month for the next 30 years.  In 2014 John decides he needs a fuel efficient hybrid vehicle and decides to buy a new $25,000 car taking out a 4 year loan.  After a $3000 down payment out of his savings, and trading in his old vehicle, his payments are around $350 per month, since he was able to take advantage of a no interest loan incentive offered by the manufacturer. 

It is now January of the year 2016, and John at 31 is still single, paying the mortgage on his house and the payments on car he bought back in 2014.  His salary is now at $60,000 per year and he has continued for the last five years to divert the full $1000 per year of his payroll taxes to his private account.  His savings account due to the house and car payments has remained fairly stagnant at around $17,000.  By most standards he is living the “American Dream” – nice house and car, good job, health insurance, modest savings and a retirement account.  Then suddenly in the month of June, and without any warning, John experiences a life altering event (accident/illness) and his doctors determine that he is permanently disabled, and will never be able to work at any job, ever again.

John, as a result of this unfortunate circumstance looses his job of 10 years, and remember his company did not offer him private disability insurance.  He is then told by his doctors that he should apply for Social Security disability/SSDI.  He begins the benefit application process by himself and the waiting game begins.  He now has no income and must live off that $17, 000 savings account that he has.  Four months go by and finally John hears back from Social Security that his disability claim has been denied (68% of all cases are currently denied at the initial phase of the process).  He now has 60 days in which to file an appeal for a reconsideration, or in some states a hearing, and at this point decides to hire an attorney.  Once the appeal is filed John is forced again to wait while his claim sits in an SS office for months with not enough staff to look at it.  In the meantime John’s savings are quickly being used up on paying his mortgage, car payments and all the other bills he has.  His company no longer pays for his health insurance so he must take advantage of COBRA for the next 18 months.  His health insurance premium under COBRA now costs him $250 per month instead of the $40 per month he was paying through his job. That does not include the co-pays.  John’s expenses for just his mortgage, car payment and health insurance alone are at $1250 per month now.  At this point, John’s savings account is all gone and he has to roll over the pension money he got from his employer into a money market IRA at his credit union - because he is disabled they allow him to take it early without penalties.  There is about $25,000 there for him to live on. 

Another 6 months goes by and due to severe backlogs within the SS system there is still no word on his claim.  At this point the $25,000 is gone and the bill collectors start harassing him.  He has no money left to pay the mortgage, car payments or health insurance, let alone any other bills.  He has no choice but to start maxing out all his credit cards.  Another 4 months goes by and still no word on his SS claim.  With all his credit cards used up, no financial resources at all for backup, he goes down to Social Services (welfare/food stamps/Medicaid) and asks for help.  He finds out that much to his dismay, he does not qualify because of his assets (the private account that he diverted his payroll taxes into is considered an asset even though he cannot touch it until he retires).  At this point John is so far in debt that the bank threatens to foreclose on his home.  They have already repossessed his car, and he no longer has health insurance.  He is in a panic by this point and his lawyer contacts SS to let them know that his client is in dire need, and requests that the process for his SS claim be given more attention.  Again due to backlog and lack of SS employees to process claims quickly, this process takes another two months and by that time John has lost his home, his credit is ruined and he must now file for bankruptcy.  He has had to move back home with his parents.  Finally John gets his Social Security Disability claim approved and since he hired an attorney to get his Social Security disability benefits, John must now pay him 25% of all the retro pay he got up to $5300 from waiting for his claim to be processed.  John still cannot afford health insurance and under current laws must wait 24 months from disability date of eligibility before he can get Medicare benefits. 

Under traditional Social Security/SSDI, John would receive disability/retirement pay of $30,432 per year. Because he diverted that $1000 per year into a private account and paid less into the Social Security program he will now only receive a YEARLY disability benefit of $5464 to live on for the next 36 years (provided they do not raise the retirement age again).  (Note: the money that has been diverted into his private account each year, according to current proposals cannot be touched under ANY circumstances until he reaches retirement age).  When John finally does reach retirement age, and his SS disability benefits automatically turn into retirement benefits, John will get $5,464 from SS, $14,133 from his private account for a total of $19, 567 per year to live on.  That is a total yearly retirement benefit cut under SS privatization of $10,835 or 36%!

To see how you will do try this:

Social Security Benefits Calculator – Based on proposed Social Security privatization plan

http://www.schumer.senate.gov/calc/index.html

All numbers are annual benefits adjusted for inflation. Calculations are based on Congressional Budget Office (CBO) economic assumptions.  Individual accounts will do nothing to restore long-term solvency there is talk that further benefit cuts are necessary. Since there is no specific proposal, these estimates assume that benefits are “price indexed,” a proposal made in Plan 2 of the Social Security Commission.  Check here for more information on how these figures were calculated: http://www.schumer.senate.gov/calc/images/ss-calculator_assumptions.pdf

Needless to say John’s American dream has now become the American nightmare under Social Security privatization.  Many more people may have to file for bankruptcy and now Congress is passing legislation to make that process even more difficult for needy Americans.  Currently it can take anywhere from 4 months to 4 years to get approved for Social Security Disability benefits.  Since January 2004 there have been over 2 million NEW applications for Social Security Disability benefits and as of October of that same year there were still over 1,200,000 people still waiting for decisions on their claims.  Among Disability Insurance beneficiaries (disabled workers, their spouses and children), 88% were under age 62.  Unless something is done to fix this crisis the numbers will continue to grow.  Congress needs to take the time to fix the problems within that part of Social Security instead of diverting its attention to a privatization plan that is going to cut benefits and create a legacy of poverty.  If these problems aren’t solved NOW, not only will Americans get less benefits in the future but it will take even longer to access them.  We need legislation quickly to provide the funds necessary to hire and train more SS workers, and educate claimants and physicians on the Social Security Disability process and what is required to make the benefit application process quicker and more simplified.  We also need Congress to pass legislation removing the 2 year wait for Medicare for Social Security disability recipients.  Once a Social Security Disability claim is approved, Medicare should become available immediately.  When the flaws in the Social Security Disability program are fixed, this will also reduce the number of people forced into state social service programs, Medicaid, and having to file for bankruptcy since many are forced into those programs now, as a result of these problems. 

ISSUES CONCERNING THE SOCIAL SECURITY DISABILITY PROGRAM

The current Social Security Disability program and the process that an applicant endures when filing for disability benefits, causes irreparable harm and has many serious side effects including unbearable stress, depression, and in some cases the depression is so severe that suicide seems to be the only option to get rid of the pain, of dealing with a system riddled with abuses against the disabled, already fragile citizens of this country.  According to past GAO reports, the SSD program is at HIGH RISK but Congress for the most part continues to ignore this problem and has been forced to spend time on other issues that are not as critical. 

The time it takes to process a Social Security Disability claim from the original filing date is now, in many cases, at least 1-3 years or longer.  If claimants provide sufficient medical documents when they originally file for benefits they shouldn’t be denied at the initial stage, have to hire lawyers, wait years for hearings, go before administrative law judges and be treated like criminals on trial. The current SSD process seems to be structured in a way to be as difficult as possible in order to suck the life out of applicants in hope that they give up or die in the process, so that Social Security doesn't have to pay them their benefits.  To a population that is already compromised, this is unacceptable and this issue must be made a priority for every member of Congress since it is a life and death situation for millions.  Many SSD applicants are losing EVERYTHING in the process of applying for benefits, their homes, all their financial resources, their healthcare and worse yet their lives.  The stress and worry that applicants are forced to endure while applying for SSD benefits, also causes further irreparable damage to their already compromised health and is totally unacceptable.  Those who do lose everything, are now in addition to their illnesses, forced into a level of poverty, which they will have to live with the rest of their lives since they can no longer earn a living.  Due to the devastation on their lives and health, the Ticket to Work program, and any chance of possibly getting well enough to return to the work force, even on a part time basis, becomes out of the question. 

The current claims process is also set up to line the pockets of the legal system, since you are encouraged from the minute you apply to get a lawyer.  Why should you need to pay a lawyer to get benefits that you have paid into all your working life?  The SSD program  is structured so that it is in a lawyer’s best interest for your case to drag on since they automatically get paid a percentage of a claimant’s retro pay – the longer it takes the more they get even if they do almost nothing. From the horror stories I hear from claimants many attorneys are definitely taking advantage of that situation.

SSA customer service is extremely poor and in major need of improvement across the board.  If any corporation in this country did business like the SSA, the majority of employees would be fired on the spot, and the company would be shut down within a year.  Here is just a small sampling of the constant complaints we receive about the Social Security Disability system and its employees:

Extraordinary wait times between the different phases of the disability claims process

Severe understaffing of SSD workers at all levels of the program

Employees are poorly trained, greatly lacking in knowledge of and in some cases purposely violating Social Security and Federal Regulations (including Freedom of Information Act and SSD Pre-Hearing review process).  

Employees being rude/insensitive to claimants

Employees outright refusing to provide information to claimants or do not have the knowledge to do so

Employees not returning calls

Claimants getting conflicting/erroneous information depending on whom they happen to talk to at Social Security – causing confusion for claimants and in some cases major problems including improper payments

Complaints of lack of attention or totally ignoring  - medical records provided and claimants concerns by Field Officers, IME doctors and ALJ’s. 

Fraud on the part of DDS/OHA offices, ALJ’s, IME’s – purposely manipulating/ignoring information provided to deny claims.

Complaints of lost files and files being purposely thrown in the trash

Complaints of having other claimants information improperly filed/mixed in where it doesn’t belong causing breach of security

Poor/little coordination of information between the different departments and phases of the disability process

These complaints refer to all phases of the SSD process including local office, Disability Determinations, Office of Hearings and Appeals and the Social Security main office in MD (800 number).

SOCIAL SECURITY DISABILITY COALITION REFORMS

We want disability benefits determinations to be based solely on the physical or mental disability of the applicant.  Neither age, education or any other factors should ever be considered when evaluating whether or not a person is disabled.  If a person cannot work due to their medical conditions – they CAN’T work no matter what their age, or how many degrees they have.  This is blatant discrimination, and yet this is a standard practice when deciding Social Security Disability determinations and should be considered a violation of our Constitution.  This practice should be addressed and eliminated immediately.

All SSD case decisions must be determined within three months of original filing date.  When it is impossible to do so a maximum of six months will be allowed for appeals, hearings etc – NO EXCEPTIONS.  Failure to do so on the part of SSD will constitute a fine of $500 per week for every week over the six month period - payable to claimant in addition to their awarded benefit payments and due immediately along with their retro pay upon approval of their claim.  SSD will also be held financially responsible for people who lose property, automobiles, IRA’s, pension funds, who incur a compromised credit rating or lose their health insurance as a result of any delay in processing of their claim, which may occur during or after (if there is failure to fully process claim within six months) the initial six month allotted processing period .

Waiting period for initial payment of benefits should be reduced to two weeks after first date of filing instead of the current five month waiting period.

Prime rate bank interest should be paid on all retro payments from first date of filing due to claimants as they are losing it while waiting for their benefits to be approved.

Immediate eligibility for Medicare/Medicaid upon disability approval with NO waiting period instead of the current 2 years. The current Medicare program discriminates against disabled Americans.  Applicants filing for Social Security Disability benefits face a very daunting system and the claims process can take several months to years before approval of benefits.  In addition they may have to file for bankruptcy, become homelessness and even death while trying to get their benefits. Once they finally get through that nightmare, those that need healthcare the most must now wait even longer to get Medicare benefits being forced to wait TWO years after their disability determination date to get coverage. They are sick NOW and need healthcare NOW!  They often have to go without health insurance or pay as much as half the amount of their meager benefit checks for basic health coverage, and that does not even include the cost of doctor visit co-pays or prescription drugs.  This is an outrage and crime against the disabled citizens of this nation. 

Too much weight at the initial time of filing, is put on the independent medical examiner’s and SS caseworker’s opinion of a claim.  The independent medical examiner only sees you for a few minutes and has no idea how a patient’s medical problems affect their lives after only a brief visit with them.  The caseworker at the DDS office never sees a claimant.  The decisions should be based with much more weight on the claimant’s own treating physicians opinions and medical records.  Independent medical exams requested by SSA must only be required to be performed by doctors who are located within a 15 mile radius of a claimants residence.  If that is not possible – Social Security must provide for transportation or travel expenses incurred for this travel by the claimant.  Also in the cases where SSD requires a medical exam, they should only be performed by board certified independent doctors who are specialists in the disabling condition that a claimant has (example – Rheumatologists for autoimmune disorders, Psychologists and Psychiatrists for mental disorders).  Currently this is often not the case.

All Americans should be entitled to easy access (unless it could be proven that it is detrimental to their health) and be given FREE copies of their medical records including doctor’s notes at all times.  This is crucial information for all citizens to have to ensure that they are receiving proper healthcare and a major factor when a person applies for Social Security Disability.

ALL doctors should be required by law, before they receive their medical license, and made a part of their continuing education program to keep their license, to attend seminars provided free of charge by the SSA, in proper procedures for writing medical reports and filling out forms for Social Security Disability and SSD claimants.

More Federal funding is necessary to create a universal network between Social Security, SSD/SSI and all outlets that handle these cases so that claimant’s info is easily available to caseworkers handling claims no matter what level/stage they are at in the system.  All SSA forms and reports should be made available online for claimants, medical professionals, SSD caseworkers and attorneys, and be uniform throughout the system.  One universal form should be used by claimants, doctors, attorneys and SSD caseworkers, which will save time, create ease in tracking status, updating info and reduce duplication of paperwork.  Forms should be revised to be more comprehensive for evaluating a claimant’s disability and better coordinated with the SS Doctor’s Bluebook Listing of Impairments. 

Institute a lost records fine – if Social Security loses a claimants records/files an immediate $1000 fine must be paid to claimant. 

Review of records by claimant should be available at any time during all stages of the SSD determination process.  Before a denial is issued at any stage, the applicant should be contacted as to ALL the sources being used to make the judgment.  It must be accompanied by a detailed report as to why a denial might be imminent, who made the determination and a phone number or address where they could be contacted.  In case info is missing or they were given inaccurate information the applicant can provide the corrected or missing information before a determination is made.  This would eliminate many cases from having to advance to the hearing and appeals phase.

The SSA “Bluebook” listing of diseases that qualify a person for disability should be updated more frequently to include newly discovered crippling diseases such as the many autoimmune disorders that are ravaging our citizens.  SSD's current 3 year earnings window calculation method fails to recognize slowly progressive conditions which force people to gradually work/earn less for periods longer than 3 years, thus those with such conditions never receive their 'healthy' earnings peak rate.

A majority of SSD claimants are forced to file for welfare, food stamps and Medicaid, another horrendous process, after they have lost everything due to the inadequacies in the Social Security Disability offices and huge claims processing backlog.  If a healthy person files for Social Service programs and then gets a job, they do not have to reimburse the state once they find a job, for the funds they were given while looking for work - why are disabled people being discriminated against?  Claimants who file for Social Service programs while waiting to get SSD benefits, in many states have to pay back the state out of their meager SSD/SSI benefits once approved, which in most cases keeps them below the poverty level and forces them to continue to use state funded services.  They are almost never able to better themselves and now have to rely on two funded programs instead of just one.  This practice should be eliminated.  In all states there should be immediate approval for social services (food stamps, cash assistance, medical assistance, etc) benefits for SSD claimants that does not have to be paid back out of their SSD benefits once approved.

The claims process should be set up so there is no need whatsoever for claimant paid legal representation when filing for benefits and very little need for cases to advance to the hearing and appeal stage since that is where the major backlog and wait time exists. The need of lawyers/reps to navigate the system and file claims, and the high SSD cap on a lawyer's retro commission is also a disincentive to expeditious claim processing, since purposely delaying the claims process will cause the cap to max out - more money to the lawyer/rep for dragging their feet adding another cost burden to claimants.  Instead, SS should provide claimants with a listing in every state, of FREE Social Security Disability advocates/reps when a claim is originally filed in case their services may be needed.

Audio and/or videotaping of Social Security Disability ALJ hearings and during IME exams allowed at all times to avoid improper conduct by judges and doctors.  A copy of court transcript should automatically be provided to claimant or their representative within one month of hearing date FREE of charge.

Strict code of conduct for Administrative Law Judges in determining cases and in the courtroom.  Fines to be imposed for inappropriate conduct towards claimants.

We have heard that there is a proposal to give SSD recipients a limited amount of time to collect their benefits. We are very concerned with the changes that could take place.  Since every patient is different and their disabilities are as well, this type of “cookie cutter” approach is out of the question.  We especially feel that people with psychological injuries or illness would be a target for this type of action.  Some medical plans pay 80% for treatment of biological mental heath conditions, but currently Medicare only pays 50% for an appointment with a psychiatrist.  This often prohibits patients from getting proper treatment and comply with rules for continual care on disability.  The current disability review process in itself is very detrimental to a patient’s health.  Many people suffer from chronic conditions that have NO cures and over time these diseases grow progressively worse with no hope of recovery or returning to the work force.  The threat of possible benefits cut off, and stress of a review by Social Security again is very detrimental to a recipients health.  This factor needs to be taken into consideration when reforming the CDR process. 

NOTE: The problems with the Federal Social Security Disability program cause an extra burden on state Social Service programs, which could be greatly reduced once this Federal program is fixed, and the states along with the claimants would reap the benefits in the long run.  State politicians need to put pressure on congress to put more funds into the SS system to hire more qualified claim examiners and better educate employees, doctors and the claimants themselves to speed up the process. 

Social Security Disability Application Process Timeline 2002 – conditions are much worse now.

http://www.ssa.gov/disability/disability_process_frameset.html

Initial Stage - 125 days – in now it can be up to 180 days

Reconsideration Stage – 291 days from initial application filing date to find out whether claimant is approved or denied – NOTE: not applicable in 10 test states in the US where this phase has been removed. 

Hearing and Appeals Stage – 722 days – There is no time limit on when judge has to have their written decision completed and sent out, and it currently often takes several weeks to several months for a claimant to receive this decision.

Appeal to District Court Stage – 1153 days or more

District Court Appeal Stage – 1760 days or more

NOTE: SSA conducts reviews of some cases for consistency and accuracy.  Once claim is approved it may be randomly selected by computer for Federal Quality review. 7 out of every 10 cases are selected and this process adds another minimum 30-60 days to process.  Once finally cleared at ALL stages for approval, cases are sent to a Processing Center for final payment which could take at least an additional 30 days for payments to be processed.  These times periods are in addition to the days mentioned above.

Total – January through October for year 2004

Number of Social Security Disability Applications – 1,837,266

Number of Social Security Disability Awards – 667,931

Total – January through December for year 2003

Number of Social Security Disability Applications – 1,895,521

Number of Social Security Disability Awards – 777,905

Awards as a percentage of applications is a crude allowance rate. This rate expresses the number of awards in a given time period as a percentage of the number of applications in the same time period. Some of the awards in any time period, however, resulted from applications in previous time periods.

Appeals Council Request for Review Statistics

November 2004 – Average processing time 251 days

November 30, 2004 – 47,906 requests for review pending

Summary Data Graph On Disabled Workers Under Disability Insurance - (Numbers in thousands) Updated November 8 2004                                                                                                                                 

http://www.ssa.gov/OACT/STATS/dibGraphs.html#1

Applications For Disability Benefits And Benefit Awards

http://www.ssa.gov/OACT/STATS/table6c7.html

Flow Of Cases Through The Disability Process - Fiscal Year 2002 Data

http://www.ssa.gov/disability/disability_process_welcome_2002.htm

NOTE: These Federal regulations are being violated on a daily basis all over the country:

404.1642 Processing time standards                                                                                                            http://www.ssa.gov/OP_Home/cfr20/404/404-1642.htm

(a) General. Title II processing time refers to the average number of days, including Saturdays, Sundays, and holidays, it takes a State agency to process an initial disability claim from the day the case folder is received in the State agency until the day it is released to us by the State agency. Title XVI processing time refers to the average number of days, including Saturdays, Sundays, and holidays, from the day of receipt of the initial disability claim in the State agency until systems input of a presumptive disability decision or the day the case folder is released to us by the State agency, whichever is earlier.

(b) Target levels. The processing time target levels are:

(1) 37 days for title II initial claims.

(2) 43 days for title XVI initial claims.

(c) Threshold levels. The processing time threshold levels are:

(1) 49.5 days for title II initial claims.

(2) 57.9 days for title XVI initial claims.                          

[46 FR 29204, May 29, 1981, as amended at 56 FR 11020, Mar. 14, 1991]

404.1643 Performance accuracy standard    

http://www.ssa.gov/OP_Home/cfr20/404/404-1643.htm

In closing, I ask that in future Congressional hearings, members of the Social Security Disability Coalition including myself, be allowed to actively participate in the hearing process instead of being forced to always submit testimony in writing, after the main hearing takes place.  We are willing to testify in person or via teleconference before Congress and we should be permitted to do so.  We seek creation of a task force made up of disabled Americans, members of Congress, members of the National Social Security Council and members of the Social Security Disability New Approach program to reform the Social Security Disability program which actually is in crisis now. We want to have claimants who have actually gone through the SSD system themselves to be part of this task force that participates in any and all discussions on the future of the Social Security and especially the Social Security Disability program.  We also want major input and influence on the decision making process before any final decisions/changes/laws are instituted by members of Congress or the SSA.  This is absolutely necessary, since nobody knows better about the flaws in the system and possible solutions to the problems, then those who are forced to go through it and deal with the consequences when it does not function properly.  Any changes that occur have a direct major impact on our lives and well being.

Most of us were once hard working, tax paying citizens with hopes and “American dreams” but due to an unfortunate accident or illness, have become disabled to a point where we can no longer work.  Does that mean we are not valuable to our country, or give the government and politicians the right to ignore or even abuse us?  Due to circumstances beyond our control, and on top of our disabilities, we now live the American nightmare with no hope of relief in sight! Contrary to popular opinion, nobody willingly chooses this type of existence.  Anyone reading this, could suddenly find themselves dealing with these issues in the future.  Nobody thinks this horrible existence could ever happen to them, but there are millions of Americans who are suffering and dying due to this negligence, and our lives depend on your cleaning up this mess immediately!  We are often considered a drain on society, rather than the valuable citizens, that we have proven many times over, in spite of our disabilities to be.  Congress is  supposed to work FOR us, yet our cries and screams are continually ignored, in hope that we just shut up or die.  I am here to tell you that is not going to happen and we are holding Congress accountable for the future health and well being of the disabled citizens of this nation.  You have the power and ability to fix these problems and rather than leave a legacy of devastation and death, I hope Congress will create one of health and well being for ALL Americans.  We want to help you make that happen, and look forward to the challenge. We are watching, we are waiting, we are disabled and we vote!