Pursuing Social Security Disability Benefits in a Culture of Denial

Recently, high denial rates in applications for Social Security disability benefits has been the topic of concern. Investigations into these denials have caused some to name the Administration’s strategies a "culture of denial." With an approval rate of only 48% at the Initial Application stage and 11% at the Reconsideration stage, this doesn’t seem far from the truth.

Study Shows Most Claimants Do Not Appeal

A recent report by CBS news stated that most applicants do not bother to appeal a denial the first time they are disapproved for benefits. Last year, two-thirds of all applicants gave up after their first denial, meaning millions of Americans who paid into the system and quite possibly were deserving of benefits, never received assistance. Most of the people who continued fighting for benefits were faced with long wait times- lasting over 1 year, and often times, further denials. 

CBS's two-month investigative report called the denials part of a "system whose own standards have been called into question." SSA's recent budget cuts and high staff turnover has resulted in longer back logs of cases. Medical experts who are rendering opinions outside their specialties, and inexperienced examiners being pressured to disapprove claims in order to keep costs down, are all factoring in to the inadequacies of the system.

SSA Commissioner Michael Astrue commented that "it's a very tough standard…and you can argue whether that should be the standard or not, but I'm stuck with that." However, feedback from former Administration staff has caused distress and apprehension among the disabled. Trisha Cardillo, a former Administration employee who reviewed over 200 disability cases a month out of Ohio, has stated  “we're failing the disabled on a very large scale."  She added that "there were a lot of times when I was fighting with management because I wanted to approve a claim…and I had to go through so many steps and - jump through so many hurdles to do that, it just seemed ridiculous."  Cardillo explained that in essence, there is a “quota system” in which “each state has different numbers and they know that a certain percentage of people, once denied, will never file an appeal." 

One Recent Case

A prime example of this culture of denial is Mr. Robert Veneziali’s case. He is a 38 year old applicant for disability benefits who is diagnosed with rapidly progressing Multiple Sclerosis. After applying for benefits, he was turned down and told that his case could be re-examined in another 18 months. Desperate for assistance, he turned to his congressman Rep. John Hall.  Hall had heard of the recent CBS report on the administration’s failure to help disabled applicants in New York and 13 other states, where systems where in place to deter people from obtaining benefits. He called for a federal investigation and stated that the treatment of people like Veneziali was “unconscionable.”

With the assistance of congressional representatives who are voicing concerns over long wait times and high denial rates, perhaps the system that Social Security is currently operating under will be improved. Due to concerns expressed by the public and Members of Congress, the Administration suspended some of their processes that were creating difficulties for claimants at the hearing level. More than 500 comments were submitted criticizing the proposed rule that had put restrictions on the submission of evidence, and this type of resistance caused Commissioner Astrue to officially suspend that rule in 2008.  This leaves open the possibility that with enough public concern and the assistance of our elected officials, the Administration will make changes to better the system and eventually this “culture of denial” will change.