A question about social security disability?

Question

I have to wonder why final disability claims are handled by bureaucrats, such as Administrative Law Judges. It may sound stupid but I believe that the question, of whether a person is disabled should be left to doctors, who work in cooperation with groups which work with disabled people, on a daily basis. It IS true that mental disabilities are harder to judge, than physical ones, but I have to believe that people, such as therapists, are much better qualified to judge disability than bureaucrats. So, I guess that the main question is: Why do we put up with this system?

Answer 1

The Judge will look at the rules, and in this case it is "the listings" and then look at the evidence you (or who ever took the case to the hearing) have submitted so far. You can also submit more evidence at the hearing. Your disability has to meet several tests or qualifications. The one qualification across the board is "can you work" (unless it is a child's claim - someone under 18 years old - but they will have to prove they can't work when they turn 18). No matter how disabled one is, if they can work or the SSA believes they have the ABILITY to work, they will not be getting benefits. Many times when the SSA denies someone on the basis of the ability to work, they will call in a vocational expert at the hearing. If they don't however, you or your lawyer needs to. The judge will listen to what the experts have to say. Second, go www.ssa.gov and do a search on their web site for the "listings". They have two sets of listings, one for adults and one for children. When you get to the correct listings, find the disability or disabilities you filed your claim under. This is what the SSA looks at when they make their decisions, this is what the judge looks at when he/she makes their decision, and this is what your lawyer should be looking at while preparing for your case. Yes the hearing is a lot or red tape, but in this case, thank God it is there because you are given the opportunity to bring witnesses such as doctors, therapists, group home staff, vocational specialists, or whoever has worked with you (which the judge will consider), present your side of the story, and the judge can ask you questions regarding your life. I suggest getting a lawyer that specializes in Social Security law. We put up with the system, because it is the only one we have right now. I am a strong believer that if the "disabled" voting block was stronger, a lot stronger, things would change. That is why it is important for people to get involved with advocacy groups. In the case if a mental illness try NAMI. You need to get involved, your family, your friends, your family's friends etc. People with mental illness can also advocate for people with developmental disabilities, and vice versa, we just all need to get involved to have a voice.

Answer 2

1

Answer 3

Judge make legal pronouncements - therapists and doctors do not. They can give evidence to a judge and that evidence is what the judge bases his/her opinion on.

I do not need to pay a medical doctor to review the medical reports of my son to say he has Down syndrome. We have a chromosome chart that is unchanging. So in the case of Down syndrome getting on SSI is easy and automatic.

If one has evidence of a spinal cord injury, or of being blind, or of being unable to hear and it is 10-15 years old. That should work automatically as well. Doctors are not needed to evaluate if we are still blind, deaf, or spinal cord injured.

If health insurance were a right in this country as it is in so many others - none of this would be of issue. We would all be getting health insurance because we are citizens.

The more important question should be - why do so many cases end up before Administrative Law Judges? Why is there an unwritten rule that all social security claims get rejected the first go round?

Do we really have so many people unqualified applying that this actually is a cost savings? Is there really a desire to provide health insurance to those of use who need it - or is the real purpose to prevent as many of us as possible from getting what we need to live quality lives?

A slow and subtle form of genocide.

Answer 4

Doctors, therapists, etc. are qualified to diagnose an impairment--but that is all. And--contrary to your impression, most do not work at all closely with groups r organizations of people with disabilities. Nor do we (people wih disabilities) particularly want the medical profession involved--by and large we are not "sick" and don't need to be "treated."

Disability is not a medical category--it is a socilal one--and the disposition of disability claims is a legal matter that is properly in the hands of admisistrative people qualified to make that determination--and in the courts, when necessary.

The notion that we are "patients" is outmoded--and insulting. We do have impairments--andso have to do things differently--but the only real disability we face is a society that doesn't allow us to do things in a way that is appropriate for us--and insists on stereotyping us as "sick" and in need of some caretaker, medical or otherwise, simply because we don't fit their bigoted niddle-class notion of what is "normal."

Answer 5

It is because we live in a captalist society. They look down on people who need aide from "the system" they see it as theirs because they are the big money makers of society. They do not consider the fact that you earned that and are now in need and that it is really not aide. . .it is something you paid in to. The present government has even tried to privatize the Social Security System by having people invest the money on their own now. It is "survival of the fittest" society. Social Security has become big business. Almost everyone gets turned down their first time then they must hire attorneys to appeal (this boost the economy off the poor person) the attorney will receive 25% off the money owed to you. It is like buzzards capatalizing off your downfall. And not only that they want to starve you out and force you back to work when you are not capable. It is as close to a Hitler regeme as you can get. Hitler starved and worked the jews until they colapsed and many times they were killed when they could no longer keep up and don't dare speak up.

Answer 6

Some people are obviously mentally disabled but in other cases a person could pretend to not be able to keep down a job cuz of depression or something. People try to hard to get somehting for nothing and the government know that so they're just protecting themselves. If you're trying to get SSI, get a lawyer if theyr'e fighting it.

Answer 7

It boils down the the legal term of being disabled or not. I hate the system as it is now,but how do we force a change? If you allowed just anyone to state that a person is disable then you would have more abuse of the system. The system is flawed but it is better than not having any system ay all.

Answer 8

The real question is did the therapist or the "shrink" write a good prognosis for the disability so the "judge"can see ???
The forms are UGLY ......Know the appeal process.

Answer 9

We put up with the system because the system controls the money. Period. Dot.
A psychiatrist I once worked with, when the SSA questioned his diagnosis and the disability status he was supporting for his patient, made a photocopy of his middle finger and faxed it to the SSA.
The patient got her benefits.

Answer 10

It is much easier to get SSDI with a doctor's note. Without one, it is next to impossible. So, the bureaucrats are listening to the doctors, they just need proof from the outpatient that a disability exists for them.