Monday, September 24, 2018

10,000 PEOPLE DIED WAITING FOR A SOCIAL SECURITY DECISION

10,000 people died last year waiting for a Social Security decision about their disability claim.  

There are now 1.1 million people waiting for a hearing.  There are about 1,600 administrative law judges available to hold hearings.  

That means that the average wait time for a hearing is almost 2 years, sometimes longer.  And that's in addition to the 4 months it took to get a denial on the application.

So, when people talk about waiting up to 3 years to have their disability case decided, they are not kidding.

The wait time is atrocious.  But we have to remember that you only get one hearing--one chance to make your case.  If that fails, there is no good option.  Sure, you can make further appeals but they have an even smaller chance of success than any other part of the process.  The hearing is your best chance!

After waiting 2 years or more for a chance to be heard, an awful lot is riding on that 45-minute hearing.  Hopefully, your attorney-advocate has prepared your case well.  He knows the medical evidence inside and out.  He has prepared you to give your testimony effectively.  He has prepared for testimony offered by Social Security's vocational witness, who will use jobs from the Dictionary of Occupational Titles (DOT) to advise the judge about work you may still be able to do.  Your advocate knows that the D.O.T. was written during the Great Depression (1930s) and has not been updated since 1991.  It's outdated, archaic and in many cases irrelevant to today's job market; however, Social Security thinks of it as the absolute truth about jobs in the United States.  So, you have to be prepared for this monster.

This hearing can change your life.  It can save your life.  Nobody can guarantee that you will prevail.  But you owe to yourself to make a fight of it and to present your case as well as you possibly can.  That takes more than passion or emotion. It takes fact and skill and hard work.

You won't see the hours that I have spent on your case.  You won't see me locked in my study late at night pouring over your medical records, or researching case law about vocational testimony before the office opens for the day.  In fact, what I do may look easy to you.  You might get the impression that I stroll into your hearing with my briefcase and just hope for the best.  But that's not really what I do.  I dedicate myself to giving you the best chance I can give you to have a life-changing experience at your hearing.

Do I sometimes get disappointed?  Yes, of course.  But I must say that there are more victories than defeats.  I love it when I can call a client who's been waiting for 2 or 3 years and say, "Hey, we just got a fully favorable decision; a check will be on the way."

That isn't greed:  that's medicine to relieve pain, utilities that won't be shut off, and a chance to hang on to the house.  It's groceries and a chance to see the doctor again.  Maybe it's not being afraid to answer the phone again because the bill collectors can be kept at bay.  Whatever else it is, it's a mighty good feeling.
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Charles W. Forsythe
7027 Old Madison Pike, Suite 108
Huntsville, AL 325806
PHONE (256) 799-0297







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