My Two Cents on Social Security
by Brandi Valentine
I applied for Social Security Benefits for my child back in 1992. He was
denied. I appealed and this time I became involved in the process. After
speaking with the worker in charge of my son's case, I found out some very
interesting things, the most appalling of which was that she did not believe in
ADHD. She had had "some" training is pyschology and it was her
opinion that ADHD didn't exist and that ADHD was a parenting issue.
She also filled me in on some of the "politics" that go on inside
the Social Security Office. The more I talked to her, the more I felt that the
chances of my son getting a fair and unbiased decision on his Social Security
application were slim and none. So.... I wrote my congressman. Eventually,
Jame's application was approved
No Rhyme or Reason... is how I personally feel about how Social
Security makes decisions. When I applied for my son back in 92, I knew other
children who had ADHD to much lesser degrees than my son, yet they were being
approved on the first application. When I spoke with the worker handling my
appeal, she explained to me that when a claim first comes into the office and
is assigned to a worker, that worker has X number of cases and they have X
number of days once that case hits their desk to process it and move it off of
their desk by either denying the case or approving it.
Part of their evaluation for job performance is based on how effectively and
timely cases pass through their hands. I found out that the worker who
initially had my case denied it the day before he went on vacation. I concluded
that the decision on my son's case was influenced by a worker, who in an
attempt to clear their calendar before leaving on vacation, hurriedly and
carelessly passed judgment on my son's disability in order to maintain their
performance record. I recommend always appealing a denied first-time
application.
Did you know that school staff, doctors or anyone else that
Social Security might contact in reference to your claim is under NO obligation
to send records, information or fill out forms? There are no laws or guidelines
that compel these agencies to comply with the requests of social security. If
social security does not receive the information they request and need to
decide your claim, they make their decision without it, which can
greatly affect the outcome of your claim. I keep in close contact with the
worker handling the case making sure that they are receiving the information
they request. If they do not receive it, I run it down myself and get it to
them.
When filling out the original application be thorough. Don't feel
that you have to stay within the confines of the forms they send you. I sent an
additional 10 pages of attachments where I fully explained the answers to their
questions. I also now send copies of everything I have in my possession which
supports my case with the application. I don't trust anyone but myself to
insure that Social Security has all the information they need to make an
accurate assessment of my child.
Keep close tabs on your application. I check with the doctors,
school staff and other agencies I might have listed on the application to make
sure that they have been contacted by social security and complied with any
requests that social security might have made.
-
I was told by a Social Security worker that after your
application has been denied 2 or 3 times, you may want to wait out the waiting
period and file a new claim instead of appealing the decision. The benefit of
this is that your case starts the process over and is governed by a different
set of guidelines and timelines. The downfall of this decision is that
you give up your original filing date and any monies you might have coming if
you had appealed and been approved, are gone.
The Redetermination process. This became a part of the social
security process when Clinton signed the1996 Welfare Reform Bill. Among other
things, Clinton decided that social security needed to cut back on the amount
of benefits they were paying to children. The criteria which social security
uses to determine eligibility was redefined. Those children applying for
benefits had a harder time qualifying and those already receiving benefits were
re-evaluated under the new criteria. Some children began losing benefits.
Treat this process as you would your original application and be sure you
send in the most complete application that you can. I have a set of 6 files
which outlines the new criteria for social security as of Oct. 1996. If you are
interested in having these files, contact me
by email and I will be
glad to send them to you.
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