Florida Workers' Compensation Lawyer Blog

The ongoing recession, particularly in hard hit areas such as South Florida, has given rise to a substantial number of Social Security Disability claims. The Sun Sentinel recently documented this phenomenon in South Florida, citing Social Security Disability attorney and lawyer Randy Zeldin, Esq. of Boca Raton, for input. Since 2007, the number of Social Security Disability claims in South Florida has risen more than 40%. In good economic times, a healthier job market might be able to accommodate disabled workers, according to Social Security attorney, Randy Zeldin, Esq. However, a worker 50 years or older, even without a disability, will incur huge obstacles in this job market. Add a disability to the equation and the 50 year old has little choice but to attempt to get Social Security Disability benefits.

The application and hearing process for Social Security Disability can take up to two years, according to Social Security attorney and lawyer, Randy Zeldin, Esq. of Boca Raton, Florida. According to Social Security expert and attorney Randy Zeldin, Esq., there are many horrifying examples of applicants with serious and terminal conditions, who died before the Social Security Disability review process was completed. There has been recorded episodes of suicides by desperate applicants.

To his great credit, Social Security Commissioner Michael Astrue has expanded the Compassionate Allowance List, to include 100 diseases or conditions. Any applicant for Social Security Disability with one of these conditions, is entitled to an immediate review, with only minimal medical evidence. The idea is to speed up the process for individuals suffering from the serious and debilitating conditions on the list. Some of the newly added conditions include:mitral valve atresia; Eisenmenger Syndrome; endomyocardial fibrosis and heart transplant wait list.

Between the years 2000-2010, the number of Social Security Disability recipients between the ages of 50-59, increased by a whopping 73%! There are some economists who believe that if the trend continues, the Social Security Disability system will be broke by 2017. Whether that forecast is true or not, politicians are determined to cut the costs of Social Security Disability.

One proposal is to institute a sliding scale of payments. That is, SSD benefits would decrease as earnings increase. The system wouldn't be an "all or nothing" system, but would institute "partial" benefits for part-time or underpaid workers, who are suffering a bona fide disability.

Another proposal is to treat payments made by employers, dependent upon what percentage of its workforce continues to work, rather than receive SSD. Employers which are able to "accommodate" workers, especially handicapped workers, would be "rewarded" by paying lower SSD payroll taxes. That system would be similar to how workers' compensation premiums are charged, where employers with worse injury and lost time records pay higher premiums.