Please Support the Fullerton - Edwards Social Security Disability Reform Act!
Removal of the current five month waiting period for initial payment of SSDI benefits, from disability date of eligibility. The withholding of five months of benefits greatly adds to the financial burden of a claimant, and compromises their financial status to a point, that most can never recover from due to their inability to work.
Immediate eligibility for Medicare/ Medicaid upon disability approval with NO waiting period instead of the current 2 years. The current two year waiting period causes even further harm to an applicant’s already compromised health and even greater financial burden on a population who can least afford it, since they cannot work. This also forces many to have to file for Medicaid/ Social Service programs who otherwise may not have needed these services if Medicare was provided immediately upon approval of disability benefits. Immediate removal of Medicare Part D coverage gap “doughnut hole” for all Medicare recipients.
Expand Emergency Advance Payments (EAP), Presumptive Disability (PD), and Presumptive Blindness (PB) Provisions to include those applying for Title II (SSDI) benefits. We ask Congress to legislate for these benefits to take effect for ALL disability claims immediately upon a claimants request for an appeal, after the initial denial at the DDS level, until a satisfactory decision or all levels of appeal are exhausted on that disability claim. These benefits would not have to be paid back by the claimant no matter what the outcome of their claim is.
When a veteran has a disability that is 100% service connected, receives VA benefits approval for that rating, and it is deemed by the VA that they can no longer work, that veteran should automatically be approved for their Social Security Disability, as long as they also meet the Non-Medical requirements for SSDI/SSI benefits. In addition all VA doctors should be trained and required to fill out Social Security Disability forms for their patients, whose VA disability rating is less than 100%, but may still be unable to work due to their disabilities and require SSDI/SSI benefits.
All phases of disability claims processing should be moved to and handled out of the Social Security individual field offices, including the DDS phase which is the medical determination phase currently handled by the states, and all hearing phases of the disability process. All people who process Social Security disability claims should be employees of the Federal Government to ensure accuracy and uniform processing of disability claims under Federal regulations and Social Security policies which is currently not the case. If the states are to continue to handle the DDS phase of the disability process, then all state employees handling Social Security claims should be required to receive a minimum of 3 months standardized training by the Social Security Administration, in SSA policies and Federal regulations governing SSDI/SSI claims processing, with continuing very strict oversight by the Federal Government to ensure that regulations and policies are being carried out properly.
Strict enforcement of, and fines need to be instituted for, violations of Federal Regulation CFR20 404.1642 Processing Time Standards to be monitored by the individual state’s comptrollers office or the GAO. http://www.ssa.gov/OP_Home/cfr20/404/404-1642.htm
For every day over the threshold for Title II (49.5 days) & Title XVI (57.9 days) claims under Federal Regulation CFR20 404.1642 Processing Time Standards, daily compounded prime bank interest is to be paid by the SSA to claimant as compensation.
Strict monitoring and enforcement of Federal Regulation CFR20 404.1643 Performance Accuracy Standard by the (GAO) Government Accounting Office and not the SSA to achieve a minimum 99% accuracy rate for ALL cases at ALL times. http://www.ssa.gov/OP_Home/cfr20/404/404-1643.htm
Also a new regulation needs to be legislated for case processing standards for Title II & Title XVI claims for hearings by ALJ and Federal Appeals courts. For ALJ hearings, the hearing must be completed, decision made and processed within 3 months of initial denial at DDS level. For every day over the 3 month deadline for processing, compounded prime bank interest is to be paid to claimant as compensation. For Federal Appeals court hearings, the hearing must be completed, decision made and processed within 3 months of initial denial at the ALJ level. For every day over the 3 month deadline for processing, compounded prime bank interest is to be paid to claimant as compensation. Again these regulations would be strictly enforced and monitored by the GAO.
Disability benefits determinations should be based solely on the physical or mental disability of the applicant. Neither age, education, work experience should ever be used when evaluating whether or not a person is disabled, as long as they meet the non-medical requirements for receiving benefits. If a person cannot work due to their medical conditions – they CAN’T work no matter what their age, or how many jobs or educational degrees they had.
More Federal funding is necessary to create a universal network between Social Security, and all outlets that handle SSD/SSI cases so that claimant’s info is easily available to caseworkers handling claims no matter what level/stage they are at in the system. All SSA forms and reports should be made available online for claimants, medical professionals, SSD caseworkers and attorneys, and be uniform throughout the system. One universal form should be used by claimants, doctors, attorneys and SSD caseworkers, which will save time, create ease in tracking status, updating info and reduce duplication of paperwork. Forms should be revised to be more comprehensive for evaluating a claimant’s disability and better coordinated with the SS Bluebook Listing of Impairments.
All Americans should be entitled to easy access (unless it could be proven that it is detrimental to their health) and be given FREE copies of their medical records including doctor’s notes at all times. This is crucial information for all citizens to have to ensure that they are receiving proper healthcare and a major factor when a person applies for Social Security Disability. ALL doctors including those at the VA should be required by law, before they receive their medical license, and made a part of their continuing education program to keep their license, to attend seminars provided free of charge by the SSA, in proper procedures for writing medical reports and filling out forms for Social Security Disability and SSD claimants.
The need of lawyers/reps to file claims and navigate the system adds another cost burden to the claimant. The automatic percentage for payment of representative’s fee, and current high cap on that fee out of a claimant’s retro pay is proving to be a disincentive to expeditious claim processing, since purposely delaying the claims process will cause the cap to max out - more money to the lawyer/rep for “dragging their feet” thus not properly representing the claimant. In cases where claimant uses a paid representative, and is found in fact to be disabled, any/all expenses incurred for the representation of that claimant must be paid by the SSA. Also the SSA should provide claimants with a listing in every state, of FREE Social Security Disability advocates/reps when a claim is originally filed as well.
Audio and/or videotaping of Social Security Disability ALJ hearings and during IME exams should be allowed at all times to avoid improper conduct by judges and doctors. FREE copies of medical reports from all SSA IME examiners should automatically be provided within 3 weeks of exam to the claimant or their representative. A copy of court transcript should automatically be provided to claimant or their representative within one month of hearing date FREE of charge.
Currently the SSA forces the disabled to go through years of abuse trying to prove that they can no longer work ANY job in the national economy due to the severity of their illnesses in order to be approved for benefits. The resulting devastation on their lives, often totally eliminates the possibility of them ever getting well enough to ever return to the work force, even on a part time basis.
Yet ironically once they are approved they are allowed to earn up to $900 and still receive benefits. Confusing to say the least. The Ticket to Work Program is often viewed as a carrot and stick it to the disabled approach. We recommend in addition to the current Ticket to Work Program, the creation of an Interim (transitional) SSDI disability program for those who are chronically ill, but still may be able to work a few hours a week/month. Say a claimant would be eligible for $1000 disability benefit if approved for full SSDI benefits. They would apply for interim disability to start and for every month they could not work they would get a full check. For those months that they could work they would be paid the difference or nothing based on the percentage of the $1000 benefit they would earn by working that month. They would be eligible for full Medicare benefits from the onset. When their illnesses progressed to a point that working is no longer an option, full SSDI benefits would automatically kick in.
Congress needs to immediately set up a task force made up of claimants who have actually gone through the SSDI system, that has major input and influence on the decision making process before any final decisions/changes/laws are instituted by the SSA Commissioner or members of Congress. This is absolutely necessary, since nobody knows better about the flaws in the system and possible solutions to those problems, then those who are forced to go through it and deal with the consequences when it does not function properly.
All money that is taken out of American’s paychecks for Social Security should not be allowed to be used for anything else other than to administer the program and pay out benefits to the American people. SSA must not have to be forced to beg for funding and compete each year with more high profile/popular programs for its survival, when they can use trust funds that should be easily available to them to accomplish their tasks.
Immediate eligibility for Medicare/ Medicaid upon disability approval with NO waiting period instead of the current 2 years. The current two year waiting period causes even further harm to an applicant’s already compromised health and even greater financial burden on a population who can least afford it, since they cannot work. This also forces many to have to file for Medicaid/ Social Service programs who otherwise may not have needed these services if Medicare was provided immediately upon approval of disability benefits. Immediate removal of Medicare Part D coverage gap “doughnut hole” for all Medicare recipients.
Expand Emergency Advance Payments (EAP), Presumptive Disability (PD), and Presumptive Blindness (PB) Provisions to include those applying for Title II (SSDI) benefits. We ask Congress to legislate for these benefits to take effect for ALL disability claims immediately upon a claimants request for an appeal, after the initial denial at the DDS level, until a satisfactory decision or all levels of appeal are exhausted on that disability claim. These benefits would not have to be paid back by the claimant no matter what the outcome of their claim is.
When a veteran has a disability that is 100% service connected, receives VA benefits approval for that rating, and it is deemed by the VA that they can no longer work, that veteran should automatically be approved for their Social Security Disability, as long as they also meet the Non-Medical requirements for SSDI/SSI benefits. In addition all VA doctors should be trained and required to fill out Social Security Disability forms for their patients, whose VA disability rating is less than 100%, but may still be unable to work due to their disabilities and require SSDI/SSI benefits.
All phases of disability claims processing should be moved to and handled out of the Social Security individual field offices, including the DDS phase which is the medical determination phase currently handled by the states, and all hearing phases of the disability process. All people who process Social Security disability claims should be employees of the Federal Government to ensure accuracy and uniform processing of disability claims under Federal regulations and Social Security policies which is currently not the case. If the states are to continue to handle the DDS phase of the disability process, then all state employees handling Social Security claims should be required to receive a minimum of 3 months standardized training by the Social Security Administration, in SSA policies and Federal regulations governing SSDI/SSI claims processing, with continuing very strict oversight by the Federal Government to ensure that regulations and policies are being carried out properly.
Strict enforcement of, and fines need to be instituted for, violations of Federal Regulation CFR20 404.1642 Processing Time Standards to be monitored by the individual state’s comptrollers office or the GAO. http://www.ssa.gov/OP_Home/cfr20/404/404-1642.htm
For every day over the threshold for Title II (49.5 days) & Title XVI (57.9 days) claims under Federal Regulation CFR20 404.1642 Processing Time Standards, daily compounded prime bank interest is to be paid by the SSA to claimant as compensation.
Strict monitoring and enforcement of Federal Regulation CFR20 404.1643 Performance Accuracy Standard by the (GAO) Government Accounting Office and not the SSA to achieve a minimum 99% accuracy rate for ALL cases at ALL times. http://www.ssa.gov/OP_Home/cfr20/404/404-1643.htm
Also a new regulation needs to be legislated for case processing standards for Title II & Title XVI claims for hearings by ALJ and Federal Appeals courts. For ALJ hearings, the hearing must be completed, decision made and processed within 3 months of initial denial at DDS level. For every day over the 3 month deadline for processing, compounded prime bank interest is to be paid to claimant as compensation. For Federal Appeals court hearings, the hearing must be completed, decision made and processed within 3 months of initial denial at the ALJ level. For every day over the 3 month deadline for processing, compounded prime bank interest is to be paid to claimant as compensation. Again these regulations would be strictly enforced and monitored by the GAO.
Disability benefits determinations should be based solely on the physical or mental disability of the applicant. Neither age, education, work experience should ever be used when evaluating whether or not a person is disabled, as long as they meet the non-medical requirements for receiving benefits. If a person cannot work due to their medical conditions – they CAN’T work no matter what their age, or how many jobs or educational degrees they had.
More Federal funding is necessary to create a universal network between Social Security, and all outlets that handle SSD/SSI cases so that claimant’s info is easily available to caseworkers handling claims no matter what level/stage they are at in the system. All SSA forms and reports should be made available online for claimants, medical professionals, SSD caseworkers and attorneys, and be uniform throughout the system. One universal form should be used by claimants, doctors, attorneys and SSD caseworkers, which will save time, create ease in tracking status, updating info and reduce duplication of paperwork. Forms should be revised to be more comprehensive for evaluating a claimant’s disability and better coordinated with the SS Bluebook Listing of Impairments.
All Americans should be entitled to easy access (unless it could be proven that it is detrimental to their health) and be given FREE copies of their medical records including doctor’s notes at all times. This is crucial information for all citizens to have to ensure that they are receiving proper healthcare and a major factor when a person applies for Social Security Disability. ALL doctors including those at the VA should be required by law, before they receive their medical license, and made a part of their continuing education program to keep their license, to attend seminars provided free of charge by the SSA, in proper procedures for writing medical reports and filling out forms for Social Security Disability and SSD claimants.
The need of lawyers/reps to file claims and navigate the system adds another cost burden to the claimant. The automatic percentage for payment of representative’s fee, and current high cap on that fee out of a claimant’s retro pay is proving to be a disincentive to expeditious claim processing, since purposely delaying the claims process will cause the cap to max out - more money to the lawyer/rep for “dragging their feet” thus not properly representing the claimant. In cases where claimant uses a paid representative, and is found in fact to be disabled, any/all expenses incurred for the representation of that claimant must be paid by the SSA. Also the SSA should provide claimants with a listing in every state, of FREE Social Security Disability advocates/reps when a claim is originally filed as well.
Audio and/or videotaping of Social Security Disability ALJ hearings and during IME exams should be allowed at all times to avoid improper conduct by judges and doctors. FREE copies of medical reports from all SSA IME examiners should automatically be provided within 3 weeks of exam to the claimant or their representative. A copy of court transcript should automatically be provided to claimant or their representative within one month of hearing date FREE of charge.
Currently the SSA forces the disabled to go through years of abuse trying to prove that they can no longer work ANY job in the national economy due to the severity of their illnesses in order to be approved for benefits. The resulting devastation on their lives, often totally eliminates the possibility of them ever getting well enough to ever return to the work force, even on a part time basis.
Then, sometimes weeks after they are finally approved for SSD/SSI benefits, they receive a “Ticket To Work” packet in the mail. A cruel joke to say the least and it is no wonder that the disabled fear continuing disability reviews, utilization of the Ticket to Work Program, and distrust the Federal Government!
Yet ironically once they are approved they are allowed to earn up to $900 and still receive benefits. Confusing to say the least. The Ticket to Work Program is often viewed as a carrot and stick it to the disabled approach. We recommend in addition to the current Ticket to Work Program, the creation of an Interim (transitional) SSDI disability program for those who are chronically ill, but still may be able to work a few hours a week/month. Say a claimant would be eligible for $1000 disability benefit if approved for full SSDI benefits. They would apply for interim disability to start and for every month they could not work they would get a full check. For those months that they could work they would be paid the difference or nothing based on the percentage of the $1000 benefit they would earn by working that month. They would be eligible for full Medicare benefits from the onset. When their illnesses progressed to a point that working is no longer an option, full SSDI benefits would automatically kick in.
Congress needs to immediately set up a task force made up of claimants who have actually gone through the SSDI system, that has major input and influence on the decision making process before any final decisions/changes/laws are instituted by the SSA Commissioner or members of Congress. This is absolutely necessary, since nobody knows better about the flaws in the system and possible solutions to those problems, then those who are forced to go through it and deal with the consequences when it does not function properly.
All money that is taken out of American’s paychecks for Social Security should not be allowed to be used for anything else other than to administer the program and pay out benefits to the American people. SSA must not have to be forced to beg for funding and compete each year with more high profile/popular programs for its survival, when they can use trust funds that should be easily available to them to accomplish their tasks.
The current process has severely crippled the effectiveness of this vital program and it needs to be changed immediately.
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