Kristina Derro, Esq.

Veterans Disability Lawyer

The government has launched a new process to expedite Social Security disability claims for a special category of veterans, the Social Security Administration announced Tuesday, March 18.

Under the new process, Social Security claims from veterans with a Veterans Affairs Department disability compensation rating of 100 percent Permanent and Total will be treated as high priority, and qualifying veterans will receive expedited decisions.

However, the VA rating does not guarantee an approval for Social Security benefits; it only ensures the process will be expedited for those veterans. The veterans still must meet the strict eligibility requirements for a disability allowance.

Carolyn Colvin, acting Social Security commissioner, said the new process is similar to the way the agency currently handles disability claims from wounded warriors.

“We have reached another milestone for those who have sacrificed so much for our country and this process ensures they will get the benefits they need quickly,” Colvin said in a news release. “While we can never fully repay them for their sacrifices, we can be sure we provide them with the quality of service that they deserve. This initiative is truly a lifeline for those who need it most.”

To receive the expedited service, veterans must tell Social Security they have a VA disability compensation rating of 100 percent Permanent and Total and must show proof of their disability rating with their VA notification letter.

Congressman John Sarbanes (D-Md.), who introduced legislation in Congress to promote the initiative, praised the change.

“No one wants to put America’s veterans through a bureaucratic runaround,” he said in the release. “As the baby boomer generation ages and more veterans of the wars inIraqandAfghanistanneed care, this common sense change will help reduce backlogs and cut through unnecessary red tape so that our most disabled veterans receive the benefits they’ve earned.”

To read further on this issue, check out the Stars & Stripes article: http://www.stripes.com/news/some-veterans-will-now-have-their-social-security-disability-benefits-expedited-1.273397

To that end, the Social Security Administration (SSA) encourages its administrative law judges (ALJs) to hear between 500 and 700 claims each year – they call the numbers a “goal.” But some judges claim that the numbers constitute an unlawful “quota.” And now the judges are taking the SSA to court.

The Association of Administrative Law Judges (AALJ) recently filed suit on behalf of 1400 of its members, claiming that the SSA’s expectations cause them to have to improperly rush evaluations. It also creates an incentive to approve cases because approvals are faster than denials. This leads to the potential approval of claims that should be denied, which results in greater fraud, abuse, waste, and expense to taxpayers, the judges say. Their specific legal allegation is that the agency’s directive violates the Administrative Procedure Act and the Social Security Act. They also claim, contrary to the agency’s statements, that judges who do not hear enough cases are subject to reprimands, “counseling,” and “threats and intimidation,” according to the lawsuit.

SSA Commissioner Michael J. Astrue, who was appointed by President Bush, stepped down in February, 2013. President Obama has not yet named a successor – the agency is currently headed by acting commissioner Carolyn Colvin, a former secretary of the Maryland Department of Human Resources. Judge Randall Frye, president of the AALJ, says a lack of permanent leadership may be contributing to the problem.

“One way to protect the treasury and help deserving claimants is to end the quota system,” Frye said. “However, an acting commissioner may not feel that she has the authority to make the necessary changes and correct problems.”

Meanwhile, the Disability Insurance Trust Fund, from which disability benefits are paid, is currently paying out more than it is taking in. It is projected to reach zero in 2016. If that were to happen, it would result in an immediate 21 percent cut in benefits to nearly 11 million Americans with disabilities.

Disability insurance, like most government programs these days, faces intense budgetary pressures. Even in good economic times, ALJs will scrutinize disability claims to make sure taxpayer money is not wasted. If you are disabled, it pays to have an experienced Social Security Disability attorney on your side to get you the benefits you deserve in a timely manner.

Alston & Baker, an Affiliation of Professional Associations: The Law Office of Robert C. Alston, Esq., P.A. and The Law Office of Marcie L. Baker, Esq., P.A. To contact a social security attorney call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.