The Social Security Administration recently ordered an independent review of the Social Security Disability program regarding how the federal disability program awards benefits. Last year, an investigation conducted by The Wall Street Journal revealed inconsistencies in the method of awarding disability benefits. The independent review of the Social Security Disability program may lead to a fairer decision-making process for applicants in Louisiana and elsewhere.

The focus of the independent review will be the award decisions made by administrative law judges employed by the Social Security Administration. Administrative law judges hear an applicant's case after the applicant's case has been denied twice at the state level. Social Security judges have wide discretion in the award of benefits and are appointed for life.

The investigation conducted by The Wall Street Journal gathered evidence that some judges awarded disability benefits to applicants who should not have qualified and withheld the award of disability benefits to applicants who should have qualified. The investigation also brought to light the significant difference in the rate of awarded disability benefits among some judges. Some judges were found to award disability benefits in practically all of their cases and other judges rarely awarded benefits.

For example, one Social Security judge in Texas awarded benefits in only 13 percent of his cases in 2010. In contrast, an administrative law judge in Tennessee awarded benefits in 99 percent of the cases he heard. The average approval rate for disability cases that are appealed is 60 percent.

There are about 1,500 administrative law judges that hear Social Security Disability cases. One part of the review will look at the amount of time judges take to make award decisions. Hopefully, the review will lead to a fairer decision-making process for applicants.

Source: The Wall Street Journal, "Disability benefits system faces review," Damian Paletta, Dec. 15, 2011