Sunday, August 5, 2007

New State by State review of Hearings Backlogs


Note, while Kansas has its problems, the backlogs are nationwide. This is a new state by state review of the pending Administrative Law Judge Hearings. SSA is in the process of hiring new Administrative Law Judges and the Commissioner has been proactive in this process. Still, we are quite a ways from reducing the problem.


SSA’s budget has not kept pace with the need to replace skilled baby boomers who are retiring. And I am talking about SSA employees who work for the agency as well as the public who end up applying. The bottom line is the agency is understaffed and underfunded. One solution would be more comprehensive “up front” reviews by SSA. That is, a thorough review of the merits of new hearings cases when they arrive in the Hearings Offices, Officially titled Office(s) of Disability Adjudication and Review or ODAR.

This type of review and others, could result in possibly allowing many claims before they get added to the stack of appeals. SSA states they are going to review the back log problem. The article notes that claimants get legal aid or turn to attorneys. SSA also allows non attorney Claimant Representatives to work with and assist claimants.

By JOHN HANNA Associated Press Writer

Social Security Administration -American Association of People with Disabilities
TOPEKA, Kan.

More than 700,000 disabled Americans are still waiting to learn whether they'll receive federal benefits, and Kansas has the worst backlog of unprocessed claims, a national advocacy group said Tuesday.The American Association of People with Disabilities, based in Washington, released what it described as the first state-by-state look at a backlog of claims before the Social Security Administration. The group compiled its report with Allsup Inc., a Belleville, Ill., company that provides services to claimants.

[the results] - nearly 710,000 cases are still pending at the end of last year - show the Social Security Administration is understaffed and can't deal with a growing number of applications for disability insurance benefits.

The report said nearly 15,000 Kansas cases were pending, with about56,000 Kansans receiving benefits. It said that resulted in a backlog rate of 26.7 percent. Rocky Nichols, executive director of the Disability Rights Center of Kansas, said his and other advocacy groups have heard complaints for years that trying to obtain benefits is frustrating. People who are forced to wait often have medical conditions that grow worse, he said."It can be excruciatingly difficult and a long process," Nichols said."What this report brings clarity to is, potentially, how disproportionately worse it is in Kansas than anywhere else in the nation."Kansas officials believe the delays occur when applicants are turned down for benefits and appeal the decision. The state notes that initial claims are processed in an average of 71 days, nearly two weeks less than the national average.John Garlinger, a spokesman for the Social Security Administration's regional office in Kansas City, Mo., said he would have to review the report more closely to say why Kansas ranked as it did. He said backlogs are a national problem - one the agency is trying to combat."Congress is clearly aware of it. We're clearly aware of it," he said."All the key players are aware that there's a challenge."In Washington, Social Security Commissioner Michael Astrue told a Senate committee in May that disabled Americans were waiting, on average, more than a year and four months to learn whether they would receive benefits. Those benefits average $979 a month for a disabled worker.He said the agency needed more administrative appeals judges and was working to handle cases more efficiently."For some, the long wait for their day in court leads to homelessness and loss of family and friends," he testified.In Kansas, the state has contracted with Kansas Legal Services, a nonprofit group, to help some applicants for disability benefits; others turn to private attorneys.Nichols said in Kansas, the state needs an aggressive program for helping disabled residents navigate the application process. He said the benefit for taxpayers is that people receiving the federal benefits won't be relying on state-funded programs.

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