You Can Help Us Enhance Our Disability Process
Reading Time: 1 MinuteLast Updated: March 24, 2016
As a part of our commitment to bring you world-class services, Social Security is looking for ways to improve how we develop and evaluate medical evidence relating to severe limitations in attention, concentration, and persistence. The Social Security Act sets out a strict definition of disability. Our agency pays benefits to eligible people who can’t work because of a disabling mental or physical condition expected to last at least one year or result in death. This medical condition must prevent the person from doing not only their previous work, but also any other substantial work in the national economy.
Gathering and assessing medical evidence is a key part of how we make our decisions. On Wednesday, March 30, we will host our next National Disability Forum, Developing and Assessing Medical Evidence for Extreme Limitations in the Ability to Focus on Tasks.
The discussion will focus on the level of severity at which impairment-related limitations in attention, concentration, and persistence can prevent people from working. For example, at what point does the inability to focus cause enough ‘off task’ behavior that someone would be unable to do any job in the national economy? What are employer expectations around productivity and reasonable accommodations for affected people? Are there standard tests for assessing and evaluating these ailments, and who should be consulted to evaluate a person’s capacity to focus on job-related tasks?
Your input will help us further enhance our disability determination process. You can share your ideas about how our disability determination process can better serve individuals with extreme limitations in attention, concentration, and persistence on our IdeaScale page or by commenting below.
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About the Author
Gina Clemons, Associate Commissioner, Office of Disability Policy
Gina Clemons, Associate Commissioner, Office of Disability Policy
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Susan
My sister, who suffers from a terrible back issue after being involved in an auto accident has been denied two times. Her doctor testified that if she is ever rear-ended again, she could become paralyzed. She is also raising her two grandsons. Yet, a friend of mine, who also waited for years for a back disability was quickly granted disability upon having a mental breakdown. What is wrong with this picture? Mental illness is the guaranteed way to go when you genuinely have a physical need for disability? My sister needs help . She worked all her life as an RN, paying into the system and in her time of need, Disability passes her by. Vet all applicants thoroughly, sure, but dragging on this process for a genuine need and a hardship is causing this family more pain. Fix the system.
J.Y.
Susan, we are sorry to hear your sisters applications for disability benefits did not go the way you both had hoped and we understand your frustration. Social Security pays only for total disability. No benefits are payable for partial disability or short-term disability. Please keep in mind that the Social Security Act sets out a very strict definition of disability, much different than the requirements for other government programs. You may find our listing of impairments useful.
Your sister has the right to file an appeal. However, she must request an appeal in writing, within 60 days from the date she received the letter explaining our decision. If she needs help with her appeal, she can contact her local Social Security office.
Also, your sister may be eligible to receive social services from the state in which she lives. These services include Medicaid, free meals, housekeeping help, transportation or help with other problems. You can get information about services in your area from your state or local social services or welfare office.
DisabledSupporter
Susan, you actually point out one of the more common reasons an individual ends up on disability, because of a car accident.
The problem becomes, private car insurance companies want to keep making profits so they do all they can to pay an injured victim nothing, knowing full well they will dump their responsibility onto the government through the entitlement programs like SSDI/SSI.
Thus, we have a depleting SSA trust fund, but record private car insurance company profits.
The SSA needs to take a STRONG STAND against these private car insurance companies dumping their responsibilities onto the government, then walking away with profits.
If SSA had any common sense at all, SSA would be pushing legislation to ensure car insurance companies pay their bills fully and thus prevent the instances where the injured have no where to turn but the government after a car crash.
Heck, create subrogation that when a victim of a car accident claims SSA benefits, SSA begins immediately subrogating against the car insurance company for the life of the benefits being drawn, that is how to fix both problems. A win-win-win.
tony
The private long term disability companit’s does the same thing. They dump their clients onto SSDI and offset their payment to their clients and make a huge profit off the government’s tax dollars. The government has to spend all the tax payers money to prove they are not disabled. Then the private long-term disability companies use this decision to kick their clients off their long-term disability and continue to make a profit of the tax payers’ money.
The private long-term disability companies sells these cheap policies knowing very well that the government tax payers ‘ money will be paying for it. It is one of the reason why there are so many people applying for disability.
May
I don’t think having a mental breakdown makes it any easier to get ssdi. Mental health is stigmatized and unless you have a mental illness you have no idea how much pain we are in everyday and just struggle to stay alive.
Jean H.
Make it mandatory for a physician Not to able to just sign a paper saying he believes a person to be disabled just so they can get a benefit for disability. I see a lot of people in their 30’s and 40’s that are not disabled, just lazy, but they frequent a physicians office in hopes they will tire of the visits and just sign the paper. I have seen this happen many times. Should not be allowed and if they do not have money and have not worked any or very little, then make them do some type of community service or something to show that they are in fact disabled and unable to do any kind of work in order, especially to receive their free SSI. I tire of people telling me they are disabled because of a numerous list of disabilities they look up on Google or other search engines and then focus on what is the easiest to acquire. Too much of this goes on endlessly where I grew up. I don’t mind folks that are truly disabled or young children that are born with a disabling condition, or our Veteran’s that need help also. People that get their disability so they can have a free income because they are too lazy to work make them do something to prove they are. Too much goes on in this disability system that needs correction.
John O.
Disability Determination Specialists place no stock in a “paper” that the doctor just signs. The diagnosis has to be supported by tests.
AJ
Jean Harrison,
I struggle a bit with your reply, not the part there are lazy people who take advantage, that will always happen with people in life but more your description of the 30 & 40 year olds hanging in doctors offices to get a form signed to get disability. There is a serious prejudice against disabled people who have what’s called “invisible illnesses”, illnesses that while the person looks normal outside cause them extreme suffering on the inside but they are judged or accused as making it up because unlike cancer, deformities, injuries, developmental disabilities etc you can’t see them suffering/being ill. I’m 37 and have had bipolar disorder over 20 years now and a few years ago was finally diagnosed with fibromyalgia (chronic pain disorder), Lupus and. chronic fatigue syndrome after years of symptoms plus I’ve had a small stroke in my past (and have a few other illnesses) but I look totally fine but I’m so far from it. I’ve worked my whole life up until last year (started working very young) when I was finally forced to stop because my pain is too bad and my memory issues were causing so many issues at my job. (I’ve lost so many jobs to my illnesses but I’ve tried so hard to keep working you have no idea). Well now Ive lost everything, my home, my income, my independence, my self esteem. I never ever expected to stop working before retirement even though it was extremely hard for me to work but it’s what I wanted to do and still do although right now I know I can’t. What makes it harder is I get a hard time from so many people that don’t believe I’m ill since I look fine on the outside and generally it starts with opinions like yours. You don’t know why those people are at the doctors or what’s going on in their life. Don’t judge someone just because you think they look healthy to you, you might be surprised by what you find out about them. Being ill and having your life wrecked is hard enough without having people judge me also just because they don’t think I look ill. Well what exactly does “ill” look like?? No one seem to be able to tell me.
DisabledSupporter
Add to that AJ, the last thing these disabled individuals with ‘invisible illnesses’ need is to be mocked or exploited by Social Security employees during the application process, or continuing disability reviews.
The way judges, adjudicators and the appeals counsel ignore evidence just to give disabled persons the run around is disgusting and concerning about what Social Security’s real motives are today, especially given the recent deaths in Kentucky caused by an SSA Judge. And the individuals that killed themselves, had mental impairments, and SSA didn’t care one bit when it allowed their lives to be taken.
God rest their souls, they didn’t deserve what happened to them at SSA’s hands and SSA just let their judge that caused it all, walk free.
May
Exactly! Thank you.
JMD
It would be nice to not be treated like we are out to get the system and be humiliated to feel like a worthless piece of crap. I was denied a several times before I was finally approved to receive disability. I was barely able to walk, hold my head up, and I could hardly speak and be heard. My husband was so applaud at how I was treated, he was going to stop things and get me out of there. But I continued, because we had growing children and we needed help, otherwise I would of given up a long time ago and let myself die. I almost didn’t make it, but my kids needed me to be there regardless of my condition, so I fought hard. That was over ten years ago. I am much better and am able to do things for myself and speak better. I will never be cured or able to work again. I have tried, and it set me back several years of what I had gained of my health. I am continuing to get other health related conditions. I will end up in a wheel chair eventually, but I will fight it the whole way. I know some people take advantage of the system but, most people would rather have their life back and be able to provide for themselves and their family and have a “regular” life then what they currently have.
DisabledSupporter
It sounds like the times you were denied were from the DDS’ and you had to go before a judge to actually get things resolved. It’s deplorable the DDS didn’t care about your impairments and inability to work.
The DDS’ are a waste of money and time all around. Their decisions are often overturned because they are sloppy and they did nothing useful with the claim when they had it.
If SSA would wake up and realize that the states are playing them and holding on to claims to make money for the state, then dumping them back on the SSA with nothing useful done to the claim through the ALJ’s, when SSA by the rules should have been paid from the beginning, SSA would understand why the trust fund is actually depleting.
Priscilla
Doctors decide what mental illness is, but what if their fundamental beliefs are incorrect? Their beliefs seem to be based on an atheistic point of view. I believe that a complex triune divine Being created us somewhat in His image, so we are complex beings with more than one level of awareness. And that people communicate in telepathic ways that their conscious minds are not fully aware of. People get away with enormous cruelty by denying this truth. How sad that only the brain damaged people lose the ability to block it out. And that the mental health system has too much terrible power over the lives of suffering people to impose their beliefs on them.
Alexis D.
When I was my mother’s caretaker, I applied for disability for her online and I found that relatively easy and simple. Now that I am in Futurecare Irvington in Baltimore MD struggling to walk again I am finding the process challenging because I am unable to get to the Social Security office. So currently transportation is the major issue.
J.Y.
Alexis, if you have any questions about filing for Disability benefits online, you can call us at 1-800-772-1213 (TTY 1-800-325-0778) between 7 a.m. and 7 p.m., Monday through Friday, to have one of our representatives assist you.
Irma
I have not applied for disability, I keep telling myself I will get better so I can work again. Plus I hear to apply for disability you will be denied regardless then people have to hire a lawyer to help them get disability and whole process will take at least 2 years. My diabetes and heart condition forced me to retire at 53 three years ago after working 35 years in same field. I call retirement, resigning with dignity. I tell myself I am to young to retire and to apply for disability. My illnesses hospitalizes me two to three times a year no matter how hard I try not to go. I am fine one moment the next I wake up blind the next rushed with stroke and heart catherization have lost count over 10. I want to apply but I will probably be dead the way I’m going before I get an answer. Sometimes I think this is why people are denied, government wants them to die so they won’t pay people disability. But this is money we already paid with our hard work now we are need at our time of vulnerability it is hard to accept I need help after I am the eldest and every relied on me for everything. I was so strong, still fighting but physical and mental strength is leaving so vulnerable. Help change the rules and waiting time , before we run out of time.
Onderzoek
Don’t you think you should apply and get a decision before you condemn a program that hasn’t evaluated you yet because of scuttlebutt you read on the internet or other urban myths? Approximately 1 out of 3 disability claims are approved on the initial application. But it also helps to be thorough, to prepare and to know what your medical records actually say (read them). So much of the waiting time for claim and appeal processing is the time it takes for SSA to obtain and read all the medical records. The other delay is that there are so many people in line ahead of you who may not have prepared adequately.
John O.
All good advice.
DisabledSupporter
You bring up an excellent point Irma. When a disabled person has to bring in a lawyer, when they are approved the fee to the lawyer should come from the salaries of the “adjudicators” who made the incorrect decision’s prior, not the disabled person’s back pay amount.
SSA has always touted that “a lawyer costs you nothing”. That’s not true, the money comes from the money SSA has been wrongfully withholding from you while running you through the maze you speak of. Let’s make sure SSA really does foot the bill by docking salaries of these “adjudicators” who are sloppy and then dump all the work on the ALJ’s to clean up. That way a disabled person truly gets all the money they are entitled to and we have accountability in the DDS’ system to prevent wrongful claim denials from the start.
J L.
Only those who have paid into the program should be eligible for benefits. If someone has never worked or worked very little in their earlier years, they should not be able to claim disability in their later years of aging and before they reach retirement age at 65-66. Of course this suggestion excludes children born with significant disabilities and will never be able to work because of mental or physical disabilities.
Senor
Not even the wives that never worked a day of their life? I don’t agree on that one because a wife works harder than her husband at home and gets paid zero money.
John O.
Widows and disabled widows who relied on spousal support should be able to receive benefits and that can start at age 50.
DisabledSupporter
J L Shane, SSDI is considered “family insurance” that cover’s the “family” of a worker/disabled worker. You appear to misunderstand exactly what the insurance policy covers and make no mistake, premiums are taken out of your paycheck not just for you, but coverage for your entire immediate family (wife, children). That is why your policy states how much your wife could get, your children, and your family maximum.
Barbara C.
Over my 30 years as a disability attorney I have witnessed individuals develop these sorts of cognitive issues sometimes as a result of illnesses such as fibromyalgia, chronic fatigue syndrome, lupus, or chemo brain following treatment for cancer. Often traumatic brain injuries cause such symptoms too. There are, of course, many other illnesses that can present with these same symptoms. And sometimes certain medications can cause secondary cognitive deficits. And while neuropsychological testing can document such deficits it is often expensive (thousands of dollars). So my recommendation would be that SSA offer claimants the opportunity to be tested by a consultative examiner who is a licensed neuropsychologist experienced in cognitive testing to test claimants in multiple domains not simply asking them to do serial sevens.
Patti R.
Chemo Brain – the problem is some doctors still don’t believe in it or don’t believe that it lasts more than one year. I have dealt with this issue now for 7 years. I have been lucky enough to have an employer who has put up with my lack of focus and has helped figure out alternative methods to help with my focus/brain fog/memory. But it still takes me 2-3 times longer to do the same work as others and as I used to be able to do. I have tried some of the testing that insurance would cover and all of the results come up as average for your age. But they are or were not my average. The tests are very limited an don’t focus on real life activity. There needs to be better tests available and people to administer them. Prior to developing the chemo brain I would read an average of 2-3 books a week. In the past 7 years I have been able to read maybe 8 books TOTAL! That is just one example – try to read some instructions or just a newspaper – ha it’s a joke. Try to keep your focus when driving somewhere and all of the sudden your realize you are lost. Memory issues are a major issue. It affects every aspect of your life. It is very frustrating because people don’t understand – you don’t look disabled – but in general it is very hard to function on a daily basis. I get exhausted just trying to keep things in order and as normal as possible. I just keep praying that my employer is willing to keep working with me; since I am not near retirement age yet. Sorry rambling and disjointed thoughts are a problem also.
Colleen
When I had “Brain Fog”, took a long time before being able to change it. My best arsenal was good vitamins daily & a family that was supporting me in it.
Phosphatidil choline, d3 (a MUST w/cancer) & others supported my
“brain usefulness”? Took a while but after doing the Phosphatidil choline I started, within about 3 wks/1 mth noticing that my brain was doing better. May not work for everyone & there may be contraindications, but…that & D3 helped, course I did have a cabinet full of vitamins…but those 2 helped most…still take ’em 😉
Lisa
Great idea. I had testing done a couple of times for my MS. In the afternoons at work, I often will get what I call my “Brain Cloud”. My thinking is not as sharp, and I can make some serious mistakes as a Medical Assistant. My legs will get heavy, feet get numb and I stumble. My hands get weaker. Per my doctors, I should be working only part time. Too bad I can’t work part time and get SSDI part time! So instead, I have to apply for full time disability so I can support myself! Am I the only one who thinks it would be better to let those of us who can work at least part time, do so and take less out of the Social Security ” pot”? I am 62 years old. I can’t fully retire until 67, but I am not going to make it. At $20 an hour, I don’t make much as it is, to be able to put a lot of money into Retirement funds. I need to make some decisions and do some planning now before I hurt myself or a patient!!!
DisabledSupporter
Ms. Barbara Comerford, you make a great suggestion that could be made even better. When an applicant applies for disability, they are immediately offered access to medicare to help them have such testing done or testing needed to prove their claim. This way there is no worry about potentially corrupt “CE” examiners who would be anti-disability preventing a disabled person from proving their claim with impartial evidence.
christy d.
Instruct your intake workers on how to treat people on the phone. Some are very rude and seem to be looking for every opportunity to deny service. The automatic rejection for assistance is horrible. People have to get a lawyer to navigate this system for disability assistance,funds they have paid into all their lives. they are made to feel like beggars….
J.Y.
Christy, we’re sorry for your unpleasant experience. For further assistance with your inquiry, it might be best to make an appointment with a manager at your local Social Security office.
You can also submit your feedback at our Contact Social Security page. Once there, select the Email Us link. This will take you to the “Email A Question to our Support Team” form where you can complete and submit a compliment, complaint, or suggestion.
DisabledSupporter
Ms. Jenna Yeager, responses like yours are all we get from SSA employees and the “contractors” as you call them.
It’s always “pass the buck” instead of taking accountability for (or ‘owning’) a customer’s problem and seeing it through til it’s fixed.
Considering your likely salary at the SSA, there is no way you are disabled under the rules, so why are you making more effort for Ms. Christy who notified you of a problem, that you could ‘own’ and fix, instead of making more work for Ms. Christy up there, who is having to get a lawyer to clean up messes made by your employees?
I would suggest: you contact Ms. Christy personally, find out who these people are in your system that are disrespecting YOUR CUSTOMERS and creating more costs on both sides for Ms. Christy and for the SSA, track them down yourself, and then ensure they are properly trained. Not burden Ms. Christy with more effort because of a lazy SSA attitude towards accountability for problems in their own system.
That is how we can start to fix the problems, but we need people like you Ms. Jenna, to take accountability for SSA’s shortcomings and deliver world class customer service.
May
Ridiculous. I can’t get anyone at my home social security office in Bloomington Minnesota to return any of my phone calls or send me a copy of my file to review. I call the 1-800 number and the wait is one hour and 15 minutes to talk to someone about an appeal. This system is terrible and people who are really ill that need help are getting ignored. What good is it to have a doctors letter and medical records with diagnoses when SSD just says you aren’t disabled according to them. Very corrupt system you have going on here.
Rory C.
The process for getting to work, going back to work, staying ay work is complicated by mixed messages form the Social Security offices.
I work for people with disabilities; too often they leave full or part time jobs because they have been advised to do so by Social Security representatives. Furthermore Social Security representatives either do not know or are not obligated to discuss state Medicaid buy in plans and/or refer people to benefits planners who can help a person figure out how to work and maintain health care coverage and other necessary services. Additionally, the PASS plans are terribly underutilized.
John O.
Most of what you’re saying is true. You can get booklets for free from the SSA office on those topics you mentioned.
DisabledSupporter
You make an excellent point about ‘talk to a different person, get a different answer’ that happens at SSA all the time. Their own phone system shows a ratio of for every 4 calls you make, at least 3 times you will be told the wrong answer.
It gets worse in disability decisions when a DDS says “what blue book?” and then followed by a denial that bears no following of the law or regulations. We need to make sure there is system in place to hold accountable those at SSA and the DDS’ who provide false and deceptive information to the disabled. They work for us, not the other way around.