Judges Finding Serious Errors in Social Security Claim Denials

Recent reports indicate that the Social Security administration has been illegally denying claims at an all-time high, with judges ruling that there are serious errors leading to these disability denials. There are approximately two million disabled Americans who have been battling for years for benefits, even after federal courts ruled in their favor, with Social Security stacking the cards against those who apply for help when they can no longer work. These are, in part, workers who have suffered massive injuries in their jobs, with debilitating effects, chronic pain, and even, in some cases, post-traumatic stress, making it impossible to return to work

Specifically, just within the last two fiscal years, federal judges reportedly found errors and issues with approximately 6 out of 10 cases, and sent them back to administrative law judges within the administration for new hearings. Yet in spite of finding credible, debilitating injuries in these applications, for a decade or more, the Social Security Administration repeatedly denies their full claims for disability benefits, and continues to deny benefits even after numerous federal judges find significant errors with how cases have been handled, sending them back for new hearings.

Ignoring Physical Reports

Specifically, federal judges have complained of serious, illegal errors, including failures to consider medical evidence, blatant factual mistakes, and inaccurate assessments regarding  whether claimants are qualified to work. Some have even reversed these decisions and ordered the agency to pay benefits to a claimant after finding that the agency ignored key physician records and produced decisions that were “essentially unreviewable.”

It is clear that the agency now operates based on the mentality of “how can we deny this claim” rather than following the proper legal protocol to process a claim, and efforts are put towards purposely delaying and rejecting applications in an effort to get applicants to quit. There is growing pressure to deny more and more cases, with both attorneys and administrative law judges within the agency driven by stringent monthly quotas set by officials within the administration, with less and less deference provided to the doctors who have treated these claimants for years, and policies that depart from federal appellate court rulings.

Contact Us Today for Help

A number of claimants who deserve benefits unfortunately lack the resources to keep fighting: According to the latest statistics, less than 20 percent who lose their appeal at Social Security take their challenge to federal court.

Still, it is imperative that claimants work with an experienced attorney with the hopes that federal judges preferably order the agency to approve claims as opposed to referring the cases back to administrative law judges, who are often the ones responsible for the errors in the first place. This prolongs the cycle of appeals for individuals who have few means to support themselves and their families.

Under the Equal Access to Justice Act, the government paid claimants who prevailed in federal court $68 million in fiscal year 2022 alone. If you or a loved one is facing a long-term disability, this can be a frightening time. Our social safety net that was put in place to protect you and your family is failing, every day. Contact our Macon Social Security disability attorneys at the Law Offices of Buzzell, Welsh & Hill to find out how we can help you navigate the process and ensure that justice is done when it comes to your claim.

Source:

washingtonpost.com/politics/2023/05/25/social-security-disability-denials-court-remands/