3 finally get Social Security disability

They had waited years for decision on claims

The Atlanta Journal-Constitution

Wednesday, August 27, 2008

Three people who had waited years for a decision on their Social Security disability claims all were granted benefits this month after being profiled in The Atlanta Journal-Constitution.

Social Security spokesman Mark Lassiter said the three cases were reviewed following an Aug. 3 article about the 21,000 people waiting for their day in court at the agency’s two Atlanta offices. Catherine Mulhall, Tony Mata and Dale Free each had appealed after being denied twice for benefits.

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Andy Sharp/asharp@ajc.com

Dale Free was diagnosed with rheumatoid arthritis and must use a cane to get around.

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Rich Addicks/Staff

Tony Mata has a diseased liver and requires a transplant, and he suffers from chronic pain.

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Rich Addicks/raddicks@ajc.com

Catherine Mulhall struggles with fatigue and balance due to the effects of multiple sclerosis.

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Social Security hearing offices nationwide are clogged with claims from severely disabled individuals.

The offices in Atlanta — known as “the backlog capital of the country” — are among the worst. On average, claimants wait 793 days for a decision from the agency’s North Atlanta office and 769 days from its downtown Atlanta office.

Social Security granted the people profiled in the AJC “on-the-record” decisions, meaning that their cases were so compelling that they did not have to appear before an administrative law judge.

Mulhall, of Atlanta, said she was not expecting good news on her “daily outing” to the mailbox.

“When I saw something from the Social Security Administration, I thought they wanted me to see another frigging doctor,” said Mulhall, who was diagnosed with multiple sclerosis in 2007. “I just stood there in total amazement.”

Before the diagnosis, Mulhall, a mortgage specialist, lost a string of jobs due to poor performance. While the 40-year-old struggles with fatigue and balance, her disease mostly affects her memory and ability to do high-level mental tasks.

Mulhall, who has exhausted her savings, has been living with a friend. “I feel relieved that I am going to be able to contribute and pay for myself,” she said. “I feel a little more whole.”

Many people worsen physically and financially while waiting for a decision on their claims. Not only does Social Security disability provide modest monthly income, it qualifies them for the government’s health care programs.

First, applicants must prove that they can’t work at all for at least a year. Three of four people who apply for benefits in Georgia are rejected outright. If they appeal the decision and get turned down again — nine of 10 who appeal do — they can ask for a hearing before an administrative law judge.

The lion’s share of those who get a hearing will be approved, but the entire process often takes several years.

Social Security Commissioner Michael J. Astrue has made reducing the backlog a priority since taking office in February 2007.

Astrue is asking Congress for money to open a third hearing office in suburban Atlanta. He also has assigned seven new administrative law judges to the downtown office and 10 employees to the North Atlanta office to screen for cases that can be decided on the spot.

Mata’s claim seemed to be a slam dunk. Mata, 50, has a diseased liver and his doctors say he will die without a transplant. He battles chronic pain, diabetes and memory loss. Two years ago, Mata moved in with his retired parents in Ellijay.

Despite his doctors’ opinions that Mata could not even hold a desk job, Social Security ruled in August 2007 that he could do his old job as a landscaper. Days after the Journal-Constitution featured his story, the agency reviewed his case a third time and decided otherwise.

The agency awards benefits based on the date a person is determined to be too sick to work. Mata said he will receive benefits retroactively to June 2006.

“It means I can give my parents a large amount of money for taking care of me,” he said. “I don’t know where I would be without them.”

As important as the benefits are, Free, 54, really needs the health care that goes with them.

Free’s sister has been paying for syringes and insulin to treat her diabetes. But Free — a widow from Kennesaw with no health insurance — cannot afford the medicine to treat the rheumatoid arthritis in her hands and knees.

“I am tired of hurting and I want to go to the doctor,” Free said. “And I want to pay people back who have helped me.”

After reviewing her case, Social Security granted Free benefits dating back to February 2005, Free said.

“I’m so happy,” she said. “I’d jump up and down if I were able to.”

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