Social Security Disability Applications & the Ripple Effects of Access to Justice Challenges
by: Kristin Wolek, Leadership in Legal Innovation Student
Disclaimer: The information in this blog post is informational in nature and should not be considered legal advice.
Each year, many people are rejected from obtaining social security disability insurance (“SSDI”). Many of these SSDI applicants are eligible for these benefits, but may have run into a number of road blocks, including not being able to fill out the application correctly. Getting an application rejected can be detrimental, as it may be a long time before someone can submit a corrected application.
Applying for SSDI Can Be Complicated and Time-Consuming
The process of obtaining disability benefits is challenging, with potential hurdles only increasing in recent years. The application has several requirements and takes time to put together. The applicant must collect many documents and other pieces of information to prove that they qualify. Applicants are often required to communicate with all of their medical providers and keep track of all of their tests and treatments in order to obtain the necessary documentation of their disability. Applying also usually requires an in-person or phone interview, which can be a difficult barrier for those with limited ability to travel or limited phone service. Once the application is submitted, processing is often slow. Even after an application is accepted, the Social Security Administration imposes a five-month waiting period based on the first full month in which the disability began before a person can begin receiving SSDI benefits.
There Are Severe Consequences to a Rejected SSDI Claim
When an application is not filled out correctly or does not have the necessary documentation, it will automatically be rejected. This is common: 65% of disability claims are rejected the first time they are filed. After a claim is rejected, the applicant can appear at a hearing in order to appeal this decision. An appeal will increase the applicant’s chance of being accepted, but the denial rate is still high. The hearing date may be set for months in the future, or even up to a year. There are many negative consequences to having an application rejected. There will be a severe delay in the person obtaining the benefits that they need. When they resubmit, it can be 18 months before their case will be revisited. There is already a significant time gap between applying and receiving benefits that may increase if an application is rejected, especially if the person has to apply multiple times before being accepted. By the time that the person applies again, they may have passed their “date last insured.” This means that they are no longer eligible to be insured by Social Security and will not be able to collect benefits unless they appeal the previous rejection. The applicant will need to spend time and resources preparing more materials for an appeal. On an appeal, the applicant must have verified information about any changes in their medical condition as well as any treatments received since they applied.
Assistance Can Be Difficult to Find
There are ways that applicants may be assisted in order to make the process easier for applicants and increase the likelihood that valid claims will be accepted. However, there are also challenges associated with seeking this type of help. SSDI permits a family member or representative to assist with the application, which may be useful for someone who would have difficulty filling out the application on their own. An applicant who utilizes legal representation is about twice as likely to have their claim approved, making legal help an extremely valuable resource that not everyone will be able to access. While a lawyer can be very beneficial in this process, many proceed without legal help. A lawyer will only be able to collect fees if their client is ultimately found to be eligible for disability payments; this means that a lawyer may not take on a case that will be difficult to win. Therefore, an applicant may find it challenging to find a lawyer willing to assist them. A family member that attempts to help an applicant might find the application process just as confusing or time-consuming as the applicant themselves.
i4J Plans to Help
i4J’s methodology applies human-centered design to improve the user experience. This methodology can be used to help those applying for social security. i4J believes that civil justice should be accessible for everyone and that technology has a role to play in empowering more people to secure a just result This fall, i4J will be exploring a new legal technology called Benefactor that may be utilized to help people in Alaska to correctly submit applications so that they can obtain the benefits that they need. i4J intends to build a human-centered roadmap aimed at improving the user experience for people applying for disability.
Learn more about i4J’s UX4J projects:
In Spring 2020, Innovation for Justice conducted usability tests of Utah’s Online Dispute Resolution platform for debt collection cases, and recommended actionable strategies for improvement.
The Spring 2022 UX4J course worked on a UX evaluation in partnership with the Michigan Office of Child Support to better understand the needs, motivations, challenges, and pain points that parents in the child support system face, and to craft human-centered solutions that address family needs and inform the potential adoption of statewide technologies