The Social Security Administration’s average wait time for an initial disability decision hit an all-time high in August 2022 of more than six months, or 198 days — almost three times higher than it was a decade ago. The AARP recently noted wait times of about 31 minutes on Social Security’s 800 number, about 10 times longer than they were in 2012. Meanwhile, the average disability claimant today waits more than two years for a final decision, while more than 10,000 people die each year without an answer, the nonpartisan organization said in its letter. Experts says that much of SSA’s ability to keep up with their workload will depend on Congress’ upcoming continuing resolution to keep the government funded into the next fiscal year. Budget cutting has squeezed SSA’s operating budget from an already low 0.9 percent of overall Social Security spending in 2010 to just 0.6 percent in 2021. Plainly speaking, they give out $99.40 dollars in benefits to people, for every $.60 they use to keep the organization running. Compare this amount to health insurance companies, who commonly spend up to 20% of their collected funds on administration — for every $80 they spend paying your medical bills, they keep $20 to keep their organization running. If you are concerned, please contact your members of Congress.

The Acting Commissioner of the Social Security Administration, Dr. Kilolo Kijakazi, recently announced an increase in the fee cap for attorneys helping claimants. The former fee cap, set in 2009, was $6,000. It will be raised to $7,200 on November 30, 2022.
What a raise in the fee cap means for claimants:
• The fee for attorney services, set by the Social Security Administration, is the lesser of ¼ of past due benefits or the fee cap. Most claimants’ past due benefits are less than $24,000, and therefore will be unaffected. Those whose past-due benefits are greater than $24,000 will now pay a little bit more.
• It may be a little easier to find a lawyer, since the low fees for services has resulted in many lawyers leaving this area of law.
What a raise in the fee cap means for lawyers:
• Lawyers doing Social Security cases have not gotten a pay raise since 2009. With the cost of inflation, higher wage costs, and the lower rate of approval of claimants, it has been financially difficult for Social Security lawyers to keep going. While the fee cap would have to be raised to $8000 to make up for inflation between 2009 and 2022, this increase does help a little.

Authors and researchers, Hilary Hoynes, Nicole Maestas, and Alexander Strand, recently examined the value of legal representation for claimants and the Social Security Administration and found the following results:

• When lawyers submit claimants’ initial application for disability benefits, they increased the probability of an award of disability at the initial level (without having to appeal) by 23%. 
• When lawyers win benefits for claimants earlier, it saves money for the Social Security Administration who will otherwise pay staff, outside medical and vocational experts, and adjudicators as the case progresses through appeals and a hearing. 

At Kirsch & Clark, a growing number of our Social Security clients join us at the initial level.  In 2020, we helped 60% of our clients file an initial claim for benefits.  The other 40% were in various stages of appealing a denial.  We have had good success in resolving cases at the initial level, so that benefits can be received earlier.  We take pride in submitting detailed applications with the relevant information so that the Social Security Administration can make the right decision earlier. 

The Commissioner of the Social Security Administration posted this on 4/3/2020:

The Department of the Treasury (Treasury) announced on April 1 that Social Security beneficiaries who are not typically required to file tax returns will not need to file an abbreviated tax return to receive an economic impact payment. The Internal Revenue Service (IRS) will use the information on the Form SSA-1099 to generate $1,200 economic impact payments to Social Security beneficiaries who did not file tax returns in 2018 or 2019.

The Treasury, not Social Security, will make automatic payments to Social Security beneficiaries. Beneficiaries will receive these payments by direct deposit or by paper check, just as they would normally receive their Social Security benefits.

Please note that we will not consider economic impact payments as income for SSI recipients, and the payments are excluded from resources for 12 months.

Kirsch & Clark also found this additional information:

Economic Impact Payments will not be taken away to reduce overpayments; however, they can be taken away to pay overdue child support.