The Hidden Value of Social Security Disability Insurance: Why It’s Important During Benefits Enrollment
The Social Security Administration made changes to the Social Security Disability Insurance application and hearing processes during the pandemic. This podcast transcript summary reviews the impact of these changes — many of which are positive.
The Social Security Administration was not immune to COVID-19. Like every other aspect of life that changed with the pandemic, the SSA needed to pivot in order to serve the public. While this was a daunting task, the organization transitioned into an almost entirely remote workforce over the span of a few days. In order to learn more about the effect the pandemic is having on applications for Social Security Disability Insurance, Carol Harnett (president of The Council for Disability Awareness) spoke with Matt Imhoff (assistant vice president of Integrated Benefits Inc.) during a podcast in December 2021. The following blog post highlights key points from their conversation.
~ Click here to listen to the podcast. ~
Why the interest in Social Security Disability Insurance?
(1:56 Imhoff) “Over the years it’s [been] shown that any time of economic or other types of hardship, people unfortunately have to turn somewhere for income. And one of the major sources for that is Social Security Disability. It’s an unfortunate reason, but that’s what the program’s for.”
Social Security field offices may be closed, but claimants have online options
(5:20 Imhoff) During the pandemic the Social Security field offices . . . closed, and that’s made the application process more difficult. But, on the other hand, online applications (which were in place pre-pandemic) expanded to allow people to create mySocialSecurity accounts where they can track their cases. And the Social Security Administration now allows electronic signatures on representation forms and medical releases, making it easier for claimant representatives to get these key documents.
(6:32) A recap of the steps involved in applying for and receiving SSDI benefits
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- Social Security Administration farms applications out to the relevant state agency, which makes an initial decision.
- If the application is approved, then the person goes onto benefits. But a lot of applications are denied, in which case the applicant can request a reconsideration of decision. [Note: This can be done online.]
- Most reconsiderations wind up getting denied again. If that happens, the applicant can file for an appeal before an administrative law judge who works for the SSA. At that point an attorney or representative gets very involved in the case and will appear with the claimant at the hearing in front of the judge.
- (Imhoff) “If it goes beyond that, then you’re in an appeal council stage or a federal district court stage. But for most people that apply for the benefit, they’re really concerned with those initial levels.”
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The pandemic accelerated a move towards telephonic or online hearings
(8:24 Imhoff) While hearing offices have been on hiatus since March 2020, SSA allowed hearings to be take place telephonically. And, in recent months, they’ve set up an online video hearing platform through Microsoft Teams. Claimants are able to choose to go through a hearing by telephone or online video, or they can hold out and wait for in-person hearings.
Should you choose a telephonic or video hearing?
(9:24) Phone hearings:
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- They’re the quickest, least involved way to get the hearing.
- (Imhoff) “You can’t see a mental health impairment. A broken hip or a degenerative spine or somebody using a walker—you can see that. But when the judge is forced to not see this person that looks perfectly healthy in front of them, and instead is focused on what’s in the medical records, we’ve seen that people with mental health disabilities really benefited from these telephone hearings.”
- (Imhoff) The downside to phone hearings: “You’re more of a case file than a person.”
- (Imhoff) “There’s also the problem of when you can’t see the visual cues of another person talking. One of the biggest problems with phone hearings is people talking over each other, thinking somebody has done speaking, and then just starting the question. So you kind of have a jumbled recording.”
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Video hearings:
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- (Imhoff) “You’re a person to the judge again. They can’t just look at you as a case file.”
- (Imhoff) “If there’s something that the judge can see, they can see it through the video. Perfect example: I have a hearing coming up with a client who’s hearing impaired and is very good at reading lips. So a phone hearing would be next to impossible for this person. They don’t want to wait for an in-person hearing, but now with the video hearing, the judge’s face is right on the screen. My face is right on the screen and the person will be able to read our lips and participate in the hearing. The same could go for sign language.”
- (Imhoff) “On the other hand, claimants logging on from home are relying on their internet service being good. And judges may draw inappropriate conclusions by seeing claimants in the comfort of their own homes rather than a situation where they’ve had to navigate a challenging environment outside the home.”
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How to prepare for a video hearing
(15:49 Imhoff) “Preparing for video hearings was something we had to . . . learn on the fly, but I think it’s actually made myself and a lot of my colleagues better advocates for people . . .
“When we were in the hearing in person and the judge could see that tremor, it was easy, but now you can’t take a picture of a tremor. But you can have a husband or wife or parent or a previous co-worker explain how debilitating it is. Or you can have the doctor add a bit of expertise to how debilitating that tremor is. [I]t’s not always captured by one of those check the box medical forms.
“So it really has, I think, made a lot of us better advocates and better representatives for disabled people.”
What kinds of changes are coming to the Social Security field offices?
(18:39 Imhoff) “SSA released a plan to re-enter the workplace. Management is going back in December [2021], and everyone will be in the workplace starting January 3rd, with a six-month re-entry plan.
[Note: SSA field offices did not return additional staff on January 3rd due to the impact of the Omicron variant. The SSA indicates the best way to reach the agency is online, by calling the national 800 number, or calling a local Social Security office. At this time, in-person service is by appointment and only for “limited, critical issues.” Voluntary hearings will continue to be held by online video or by phone. The SSA also took steps to increase in-person help for those unable to complete their business online or by phone.]
“This is important because some things just have to happen in person at a Social Security office, and there’s been an extreme backlog of mail and faxes and unanswered phone calls. This has affected not just applications for disability but also overpayment cases, termination cases, [and] Supplemental Security Income cases.
“And then the return to in-person hearings: they have a plan for that as well. They do not give an exact timeline for that. But their plan is to start with basically aged and critical and dire need cases (people who have been waiting a long time for hearings).
“[They’re] going to prioritize cases that include people who are in economically dire circumstances, people with language barriers, people who would need interpreters and things like that, older claimants, and child cases.
“The one thing they’ve asked us for us as reps with this announcement is [to not] cancel telephone or video hearings that are already scheduled; to try to wait for an in-person hearing. This is pretty good evidence they want to keep around the telephone and video hearings in the future.
“I think the telephone and video hearings have allowed them to disperse work throughout the country and really get caught up. For instance, maybe your hearing office is a little further behind, but my local office in Columbia, Missouri is up to date. So maybe they take some hearings from those other hearing officers and help them catch up. And that’s been going on all over the country and, and it has really cut down on wait times for claimants. It’s one of the best things that’s come out of the past year and a half.”
The “buried lede”: What’s the difference between applying for SSDI on your own and having a representative?
(25:43 Imhoff) “You know, I probably have a biased view here, but anybody who asks, I just say it’s going to be so much easier for you [to have a representative]. And just so much more likely that you’re going to be approved on your first try . . .
“It’s so how just one little fact that you fill out differently [on the application] can really change the whole outcome of your case. And people can’t believe it when I tell them you can have two people with the exact same medical impairment, the exact same age, exact same past work, but one person filled out this form this way, the other person filled out this form the other way, and this person gets approved while the second person gets denied. . . They say, ‘It’s the same medical impairment!’
“But there’s so much more that goes into it, and my job is knowing those things. So, let someone who knows these things help you. It’s a very frustrating process on your own. Get help with it.”
~ Click here to listen to the podcast. ~
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