Doug Mohney

I traveled to Washington, D.C. and Baltimore, Maryland to meet with the Commissioner of the Social Security Administration, Martin O’Malley, and his top deputies to discuss the impact the delays in Social Security Disability cases are having on clients and other area residents.

Commissioner O’Malley said he is dedicated to resolving these issues and has committed the agency to doing all it can to reducing the backlog.

The realty of the situation for applicants of Social Security Disability:

Once someone has submitted an application for disability benefits, the national average has increased to greater than seven months for an initial decision as reported in the Social Security Administration’s State Agency Monthly Workload Data.

The national average wait for a reconsideration by the SSA, the first step in appealing a denied claim, is seven months. If reconsideration is denied, It takes another 15 months on average to get to the next step, a hearing before a Social Security administrative law judge.

This total span of time for most people far exceeds two years. With less than 40% of initial applications being approved by SSA, millions of individuals who need assistance are being forced to wait for long periods of time in typically less than ideal living situations.

An estimated 8,000 applicants file for bankruptcy and 10,000 die each year while awaiting a decision on their disability benefit application.

David Camp (CEO NOSSCR) testified before Congress in late 2023:

Recommended administrative changes included:

Relying on treating physicians rather than third-party paid examiners.

Eliminating reconsideration in the slowest states — if not all. The second step adds an average of 210 days to the process, and more than 300 days in two states–Florida and South Carolina.

The Division of Disability Determinations, as with all state agencies responsible for making disability decisions for SSA, is funded by the federal government. Federal regulations in turn mandate minimum performance standards from these State agencies for accuracy and timeliness. The maximum processing time threshold for Social Security Disability Insurance claim processing is 49.5 days (20 CFR § 404.1642). As of December 2022, the Florida Division of Disability Determinations average processing time was 225 days, a nearly 200% increased from 77 days in 2019.

When a state agency is unable to meet minimum performance standards for two or more consecutive calendar quarters SSA is mandated to provide performance support to the agency to ensure it is able to meet those standards (20 CFR § 404.1650 and 404.1661). If a State agency persistently fails to meet those standards SSA is directed to assume partial or complete control of the agency’s disability determination functions (20 CFR § 404.1670).

Eliminating requirements for a permanent physical address. Many homeless and transient applicants are unable to meet this requirement and are effectively denied access to the application process.

Eliminating e-signature verification, streamlining the process and saving valuable time and resources.

Local and national support is needed to resolve the issues:

The current state of the Social Security Disability application process is untenable, with individuals facing extensive delays that can exceed two years. These delays not only hinder timely assistance but also exacerbate the financial and health crises of millions. It is imperative that we rally support both locally and nationally to advocate for essential reforms in the SSA. By eliminating bureaucratic inefficiencies and implementing recommended changes like relying on treating physicians and removing unnecessary procedural steps, we can improve the system’s responsiveness and ensure that those in dire need receive the support they deserve promptly. Let’s unite in pushing for these critical reforms to uphold the rights and dignity of every affected individual.

Avard Law Offices attorney Douglas Mohney is an advocate for faster disability benefit decisions.