A Warning to Applicants for Social Security Disability Benefits

The Social Security Administration has adopted a policy of taking unnecessary SSI Disability applications from every applicant for Social Security Disability Insurance benefits -- despite the fact that many applicants are clearly ineligible.

I worked as a Claims Representative for the Social Security
Administration for ten years.([search]) I left the agency and I have
been representing individuals apllying for Social Security Disability
Benefits since 1995. During the past decade I have witnessed a
significant deterioration in Social Security Disability claims
processing times, primarily because of

staff shortages.

The Social Security Administration --SSA is responsible for two
major programs that provide benefits based on disability: Social
Security Disability Insurance (SSDI), which is based on prior work
under Social Security, and SSI, which is a Federal Welfare program.
Under SSI, payments are made on the basis of financial need.

The Social Security Administration has adopted a policy of taking
unnecessary SSI Disability applications from every applicant for Social
Security Disability Insurance benefits -- despite the fact that many
applicants are clearly ineligible.

For example, a Vietnam veteran, who is receiving more than $2200.00
per month in Veterans Compensation because of Post Traumatic Stress
Disorder, files a claim for Social Security Disability Benefits. SSA
employees are also required to take a claim for Federal Welfare (SSI).

Here in New York State, a disabled individual, living alone in
their own household would be eligible to receive a maximum of $666.00
in SSI Benefits -- minus any income they receive from other sources.
The Vietnam veteran is clearly not eligible for SSI because he receives
more than three times the maximum SSI payment.

This policy is a waste of tax-payer dollars. It's only purpose is
to make it appear that SSA has improved it's ability to process
disability claims despite being woefully understaffed. And, it can
result in extraordinary delays in the payment of past-due disability
benefits to disabled applicants.

The, previously mentioned, disabled veteran applies for Social
Security Disability Benefits. The Social Security Administration also
takes a bogus claim for SSI Benefits and the Offset Indicator is placed
on the individuals The claim is sent to the New York State Office of
Disability Determinations, the agency that decides whether or not the
veteran is disabled, according to Federal criteria. The Office of
Disability Determinations denies the claim -- they deny most claims.

The disabled veteran then requests a Reconsideration, which is sent
back to the office of Disability Determinations and the claim is denied
again -- they deny most requests for reconsideration.

Then the disabled veteran requests a Hearing before an
Administrative Law Judge and the claim is sent to the Social Security
Administration's Office of Hearings and Appeals(OHA). Given that the
overwhelming majority of initial claims and requests for
reconsideration are denied by the State of New York, the OHA is swamped
with hearing requests. Consequently, the waiting time for a hearing is
about one year.

The disabled veteran's hearing is finally scheduled, he goes to
court and -- six to eight weeks later -- receives a Favorable Decision
from the OHA and his claim is sent to an SSA Processing Center for
payment, where it will languish for months before the veteran is paid
the benefits owed to him.

When an SSI claim is taken in conjunction with a claim for SSDI, a
hold is put on the SSDI claim to prevent the payment of past-due
benefits. It is known as an SSI Offset indicator. A local Social
Security Office can input an Offset indicator to a claimant's computer
record -- but they do have the authority to remove it from the record
-- that has to be done by the Processing Center.

The problem is Processing Center employees have so little knowledge
of the SSI program that they are unable to look at a computer screen to
see if a claim has been allowed, denied or withdrawn. They must wait
for the local office to contact them regarding the status of the SSI
claim – but local offices find it virtually impossible to “get through”
to the Processing Center because of the ever-increasing volume of daily
telephone calls being made to the center. The best they can do is
“leave a message” and hope that someone takes notice.

I have been told by SSA personnel that the average wait for a
past-due Social Security Disability payment is up to four months – and
that is expected to increase proportionately as the backlog at the
Processing Center continues to grow.

The bottom line is: if you apply for Social Security Disability
Benefits, do not -- repeat -- do apply for Supplemental Security Income
(SSI) until you receive a detailed explanation regarding the affect
your income and resources will have on the SSI claim.