Four Social Security Disability Judges Accused of “Rubber Stamping” Claims

On Tuesday, June 10th, four social security disability judges were accused in a report from the Republican staff in the House Oversight Committee of “rubber stamping” disability claims without actually considering their validity.

Each of the four social security disability judges had approved at least 90% of the disability claims between 2005 and 2013. The report claims that such a high approval rate in their caseload indicates misconduct or failure to follow procedure for disability claims.

“In essence, these judges rubber stamped nearly every claimant before them for a lifetime of benefits at taxpayer expense,” the report said.

“The report found that an ‘overreaching problem’ with the reviewed decisions ‘was a lack of rationale. … There would be little evaluation of the evidence and no function by function assessment of the claimant’[sic] abilities.’

In one case, Judge Gerald I. Krasfur from Kingsport, Tennessee, said that he heard thousands of cases but never overturned one because the person was not disabled. In the report, he approved 99% of the lifetime social security disability cases assigned to him, and with each lifetime applicant receiving $300,000 on average, Judge Krasfur reportedly awarded $1.8 billion between 2005 and 2013.

Judge James A. Burke of Albuquerque, New Mexico, defended his social security disability practices with a statement: “I am concerned about Americans who work hard and earn disability coverage. When they become disabled, they wait three years to get the coverage they earned. Lives and families are destroyed. I see their medical records and hear their testimony. I am trained to make legal and factual decisions. I am confident that I make the right decisions.”

Burke reportedly approved 96% of his social security disability cases.

The report suggested that the judges began the practice of approving social security disability claims due complaints about a backlog preventing needy applicants from getting help. In 2007, the average wait time for a disability application was 512 days. By 2012, the average wait time had gone down to one year.

The report stems from legislative concerns that the Social Security Disability program will become insolvent in 2016, with only enough money in payroll taxes to pay 80% of disability recipients. The House Oversight Committee is struggling to find ways to cut corruption in the system to prevent the automatic 20% cut in social security disability. Currently, 11 million Americans are disabled, and they, their spouses, and their children rely on the Social Security Disability program for income. The average monthly benefit for a disabled worker is $1,145.

In order to qualify for Social Security Disability, the applicant must have a disability that is expected to last at least a year or result in death.

The Strom Law Firm Can Help with Social Security Disability Benefits Claim

Applying for Social Security Disability or Retirement Insurance can be complex.  However, we understand that you need disability benefits and we will put our years of experience to work for you to ensure that you have the representation necessary to actively pursue your claim. Call the attorneys at the Strom Law Firm today to discuss your Social Security Disability or Supplemental Security Income case today. We will be glad to discuss any questions you may have during our free, confidential consultation. Call the experienced attorneys at the Strom Law Firm at (803)252-4800.