Stop the Wait Act – Changes to the Law that Disabled Workers Need Now

“Stop the Wait Act “Stop the Wait Act” is a bill designed to amend Title II of the Social Security Act. The aim of the bill is to end waiting periods for the Social Security Disability Insurance (SSDI) benefits waiting period and also the Medicare wait period for disabled people according to the following:

• Stop the five-month waiting period to be eligible for Social Security Disability Insurance (SSDI) claims for disabled people;
• Stop the five-month waiting period for the surviving spouse as well as survivorship benefits for divorced spouses
• Eliminate the waiting period of 24 months to determine Medicare eligibility.

When you’ve finally won your Social Security Disability benefits you’ve been claiming What’s the second most important aspect to your application? The ability to access the funds so that your family or you are able to pay for medical expenses and continue vital health treatment. It is true that SSDI is an insurance program which you make from making FICA tax and the required hours. However, receiving timely SSDI payments isn’t what actually occurs. We hope that this will soon change.

Background What’s the reason “Stop the Wait” Must Pass

It is the Social Security Administration (SSA) currently has a requirement for SSDI applicants to wait five months following the date of disability’s onset before they can be eligible for monthly disability benefits. This is a huge burden as well as financial burden for people who are in desperate need of the benefits. A new 2019 Senate release provides “In 2017 over 10,000 Americans were killed in the waiting room to wait for SSDI benefits to start. The waiting times are extremely detrimental to those suffering from rapidly advancing diseases such as Huntington’s Disease, cancer, cystic-fibrosis and other illnesses.”

Imagine waiting for three to five months to get an initial determination of disability from SSA If it is approved then waiting for another five months due to the mandatory waiting time.

Imagine that your first request for benefits being denied and then denied after reconsideration. This is what happens to around 70% of SSDI claims. The next stage in the journey of a disabled person will be an ALJ hearing. It is during this stage where the majority of claims are settled. Yet, SSA statistics show the average ALJ hearing processing time in 2020 is 386 calendar daysover a full year!

Add the five-month required waiting time, the disabled person is waiting for one and a half years before receiving the disability benefits.

This is the inexcusableand oft-deadly delay that the majority of NYC social security disability lawyer applicants and their families have to endure. The most severely disabled applicants are at risk.

• They lose their homes
• have exhausted their savings, are forced to face bankruptcy, or face other financial difficulties
• are waiting in limbo for benefits that don’t come

There is a wait of 24 months before they can be eligible for health coverage under Medicare. Although disability claimants aren’t subject to”age-65″ regulations, SSDI claimants are not bound to “age 65” rule, when they are granted SSDI they have to wait for a total of two years before gaining medical coverage via Medicare.

Where is The “Stop the Wait” Bill Now?                                              

The Stop the Wait Act is expected to be enacted in 2021. It was first introduced to Congress in the year 2019 under H.R. 4386 by Rep. Lloyd Doggett of Texas.

The legislation is endorsed by numerous advocacy groups for disabled people such as The National Organization of Social Sickness Claimants Representatives ( NOSSCR) an organization that is actively involved in legislative advocacy for disabled people.

A plethora of advocacy organizations have met with lawmakers from Congress to create an alliance in support of Stop the Wait legislation. Since we are legal representation for thousands of Social Security disability claimants, our attorneys are on the ground daily with those who are struggling to make it through SSDI’s 5-month waiting period as well as Medicare’s long waiting period. We are able to witness their journeys through suffering, suffering and financial burdens caused by the waiting times.

Over the next few months the real-world evidence and testimony from the coalition will be considered by Congress to make sure that all members who vote understand the urgent need for rapid and permanent end of these waiting times.

The Numbers Do Not Lie

As per the U.S. Government Accountability Office,

• around 48,000 individuals around 48,000, approximately 1.3 percent of applicants were declared bankrupt while waiting for the outcome of their disability appeals in 2014 through 2019.
• 109,725 applicants which is 1.2 percent of applicants passed away before receiving a final decision regarding their appeal from 2008 to the year 2019.

The need for proactive measures is to safeguard the finances and lives of disabled workers. Stop the Wait legislation is the first step to will change.

SSDI Wait Time is now eliminated for claimants with ALS.

At the end of December in 2020 Congress as well as President Trump adopted a more compact legislation titled, “ALS Disability Insurance Access Act of 2019.” The bill amends the Social Security Act to eliminate the five-month waiting time for SSDI for those diagnosed with amyotrophic lateral syndrome (ALS).

Also called Lou Gehrig’s Disease this disorder is a result of nerve cells being damaged in the spinal cord and brain. The wait of five months caused a lot of difficulties for those suffering from ALS as well as their family members. The disease is rapidly progressing and sufferers frequently require costly medical treatment and equipment.

The 24 month Medicare waiting period for those suffering from ALS was ended with the passage of the law of 2000.

This is an encouraging step. However, there are many other diseases that are characterized by a rapid onset or impairment that aren’t necessarily fatal but when multiple conditions be fatal, there is no reason to allow waiting periods when delay could lead to death before eligibility to benefit begins.

Put an end to the Wait and COVID-19 is here!

The coronavirus has created special challenges for people suffering from disabilities. People who work have been affected from the disease and have been unable to work again. Access to high-quality health care is crucial to slow the spread of COVID-19 and recovering from the effects of COVID-19.

For many people who not work anymore due to COVID Social Security disability benefits will be an important source of income. In removing unnecessary delays in getting money as well as reducing the need for waiting, this Stop the Wait Act can definitely help individuals maintain their access to excellent medical care as well as an environment that is secure and safe.

Questions? Contact us.

Call us anytime you have any concerns about the social security SSDI as well as SSI benefit programs.

For those who are seeking disability benefits or caring for someone in the family who has to submit a claim, you should contact your congressman in your area and expressing your support for this legislation.

 

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