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Social Security Failing a Fort Wayne Man

Thursday, January 24th, 2008

This week the CBS Evening News with Katie Couric is running its special series:  “Failing the Disabled.”  The series focuses on the thousands of Americans being denied disability benefits by the Social Security Administration.  We found a Fort Wayne man suffering a similar fate.

The Social Security Administration has been denying Dennis Coverstone for over six years.  This, despite the fact that Dennis can hardly stand, much less work a full day.  “I never realized how people were suffering in the background,” he said.  “Disabled people are in the background.”  A central nervous system disorder and chronic pain plague Coverstone everywhere he goes, though he can’t get very far.  His muscles shake and twitch 24 hours a day.  Emptying the dishwasher takes all the energy he has.

“I’ve been denied by Social Security for six years now,” said Coverstone.  “They find no evidence that I’m disabled.”  Coverstone’s family physician and specialists say he’s disabled.  His insurance company thinks so too, and provides him with $15,600 a year.  Letters from the Social Security Administration tell Coverstone they believe he can work up to six hours a day.  He has appealed these decisions for the past six years.

“It makes me feel angry and it makes me feel hurt,” he said.  “Why is my government doing this to me?”

A CBS Evening News investigation shows two out of every three people who apply for disability benefits are denied.  Social Security Commissioner Michael Astrue is defending his administration, but admits there are problems.  “I think it’s broken the way a leg is broken, and it can heal, and it will heal,” said Astrue.

Unfortunately, that’s not enough for Dennis Coverstone.

“I’ve learned there are a lot of disabled people out there who can’t speak for themselves, and need someone to speak for them,” he said.

Wait for benefits takes a toll

Friday, January 11th, 2008

Nebraska and Iowa residents are waiting longer and longer for a review of their denied Social Security disability claims.

Most appeals that come before a judge end with the applicant’s being awarded benefits, and most successful applicants receive some retroactive lump sum payout.

But it can take years before they see any money. In the interim, many struggle to keep their homes, maintain health insurance coverage and even cover basic living expenses, according to lawyers who handle the appeals.

The situation reflects a nationwide problem. Hearing offices that handle appeals of denied claims are understaffed. They haven’t kept pace with the rising demands of an aging baby boomer population.

Nationally, the number of pending appeals has more than doubled since 2000 to 750,000 and wait times have hit an all-time high of around 18 months.

The wait takes a toll on people like Dwayne Webb, 46, who lives near Pacific Junction, Iowa.

Webb hopes to receive a hearing in February or March on his claim for Social Security disability benefits. That would be about two years after he asked for a judge to review his denial of benefits.

It has been almost a year since Webb and his wife gave up the house they were renting in Glenwood, Iowa, because they could no longer afford the utility bills. The couple now live in a camper at a campground off Interstate 29.

“I’m very angry about it,” Webb said. “You work all the years I worked, since 16, and then you get hurt, and they tell you you’re going to have to wait two or three years before you get anything out of Social Security. I just don’t think it’s right.”

Webb’s disability stems from a back injury he suffered in a traffic accident in 2001.

He said his employer at the time, a waste management company, found him an office job and made other accommodations that allowed him to keep working. But after the company let him go during a round of layoffs in 2005, he applied for disability benefits.

Webb said his back injuries prevent him from sitting or standing long enough to perform another job. They also have prevented him from exercising, he said, which has led to weight gain, diabetes and other health problems. He’s on numerous medications.

Webb’s situation is far from unique. Nebraskans filed about 12,000 disability claims with the Social Security Administration in the 2007 fiscal year; western Iowa figures were not immediately available.

Generally, about two-thirds of those initial claims are denied. Of those who take the second step of asking for a paper review of their applications, about 90 percent are denied. Those first two rounds of the process can take several months, and many applicants simply drop out along the way.

But others, like Webb, file an appeal for a hearing before an administrative law judge. That’s where the real waiting begins.

The Omaha hearing office handles appeals that arise from field offices across Nebraska and western Iowa. In 2007, the field offices turned over 2,988 appeals to the Omaha office.

Omaha now has 4,796 pending cases a nearly four-fold increase from the 1,235 cases pending in 2001.

The National Organization of Social Security Claimants’ Representatives publishes a monthly ranking of processing times at hearing offices across the country.

Its November report shows that the average processing time at the Omaha hearing office has reached 639 days. That’s the time between when a person appeals a claim to a judge to the time that the case is resolved.

In fact, Omaha has now slipped down the rankings to 121st of the 143 hearing offices in the country, according to the report. The median processing time among the hearing offices is 467 days.

John Garlinger, a Social Security spokesman in Kansas City, Mo., said that he could not explain why Omaha has been falling behind other offices but that the agency was working to address the overall problem.

Garlinger said the agency faces the combination of too little funding and increased caseloads and responsibilities.

Attorneys who handle appeals talk about clients who have been forced to cash out retirement accounts, move in with relatives or make other sacrifices while waiting for resolution of their cases.

“It’s gut-wrenching,” said an Omaha attorney. “You know how much they’re suffering.”

Social Security Commissioner Michael Astrue testified earlier this year that the wait times were unacceptable. He said the agency had crafted a plan that involved improving hearing procedures, hiring additional staff and increasing efficiency through automation.

But attorneys in Nebraska are wary of some of the changes under consideration, such as putting time limits on when medical evidence can be introduced. They said clearing the backlog by rushing cases to faulty decisions is not a solution.

Congress this month approved an extra $150 million to reduce the backlog, but it’s unclear where that money will be spent and whether Omaha will get any additional help.

Rep. Lee Terry, R-Neb., said he was assured by Social Security officials a year ago that they had plans for combating the backlog in the Omaha office. Instead, the situation has only gotten worse.

“It’s embarrassing for Social Security,” Terry said. “They evidently don’t want to find a solution to this.”

Denial of disability claims creates serious hardships

Sunday, December 16th, 2007

Problems with a government safety net continue to worsen, threatening the physical and financial health of millions of Americans, including residents of Athens County, according to a report issued by the Athens County Department of Job and Family Services.

The report echoes media accounts from across the country of a growing problem with people denied Social Security disability assistance.

“It’s been an issue for years, and absolutely is a nationwide problem,” said Jack Frech, executive director of the county agency.

According to the agency’s report, backed up by statistics from Social Security Administration, of the 2.5 million people who file disability claims annually, nearly two-thirds initially are denied.

However, about 60 percent of those who seek to appeal the rejection eventually are approved for benefits but typically have to wait 1 1/2 to 2 1/2 years during a lengthy appeals process.

In the meantime, those appealing the initial decision often face serious issues from the lack of medical coverage and little or no income. Often, they experience home foreclosures and/or bankruptcies, addiction and/or depression, even deteriorating health problems, the report claims.

According to the report, eligibility for the Social Security disability programs in Ohio is determined by a bureau of the state’s Rehabilitation Service Commissions. But both Social Security Disability and Supplemental Security Income offered to spouses and children of disabled workers are fully funded and regulated by the Social Security Administration. Both programs provide the disabled with financial assistance while they are unable to work.

In December 2005, 1,540 Athens County residents received Social Security Disability Insurance payments totaling more than $1 million, and of which 1,215 were disabled workers. The remaining were spouses and children who qualified for benefits.

At that time, average monthly payments to recipients in Ohio were $785; the average in Athens County was $721. Nationally, the average was $796.

According to the report, most applications for disability assistance are initially denied for either medical or technical reasons. In Ohio, about 73 percent of all applicants are denied at this first stage. Once denied, an applicant has 60 days to seek reconsideration. As of this year, about 11 percent of cases at this point in the process receive approval. But if denied again, the applicant can appeal by requesting a hearing with an administrative law judge.

Because of a backlog of cases, the average wait time for such a hearing can be as much as a year. However, more than one-half of all cases appealed for medical reasons that reach this level are approved.

Those that continued to be denied can appeal to a federal court, lengthening the process even longer.

Part of the problem, according to the report and the Social Security Administration itself, is the large backlog of cases caused by less federal funding to pay hearing judges and support staff.

In May, Social Security Commissioner Michael Astrue noted, according to the report, that “Congress has appropriated on average about $150 million less each year than the president has requested since 2001.”

But the report and Frech question why do so many cases receive rejection in the first place. Frech doesn’t blame the Social Security System.

“They are understaffed, and many of them will tell you they recognize the problems as well,” he said.

“It can be changed, absolutely,” Frech said. “They can do a better job of determining eligibility in the first place.”

Unfortunately, Frech noted, many applicants never bother with the appeal process.

And those who do, while facing financial hardship, can seek help through other programs, although that assistance usually is not sufficient, Frech said.

For some with serious health issues, Frech said, the county can get them qualified for Medicaid programs. For others, food stamp programs might be an option.

“Many people have lost their homes and some their lives while waiting to receive benefits,” the Athens County report concluded. “These people put their faith into a system that was supposed to help. The system has failed them and could fail thousands more if immediate, effective changes are not made.”

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