There are thousands of Social Security Disability applicants who are waiting to have their cases heard by administrative law judges. These applicants in Massachusetts and other states are likely to have had their initial application denied and are appealing the denial of disability benefits. Unfortunately, there are a significant number of terminally ill applicants whose applications are a part of the backlog. Tragically, terminally ill patients sometimes die before they receive disability benefits.

Rising unemployment and an aging population have contributed to a steep rise in disability benefits applications. In 2011, around 3.3 million people applied for Social Security Disability. According to government statistics, there were about 771,318 people who were waiting to have their appeals cases heard by administrative law judges.

To address the backlog, the Social Security Administration created and expanded a program that allows the cases of people with certain disabilities and diseases to be reviewed more quickly. Examples of diseases that allow for hurried review are pancreatic cancer and leukemia. Unfortunately, a significant number of applicants with terminal illnesses die before their cases are heard on appeal. Since 2005, around 15,000 applicants have died while they waited for their disability benefits case to be reviewed.

Efforts to reduce the number of backlog applicants who have died have been somewhat successful and have reduced the number by 20 percent. The improved statistic does not help those who continue to wait. One man's case illustrates the frustration felt by those who wait.

The man worked as a mason, and in February 2009 he was diagnosed with colon cancer. The man's initial disability benefits application was denied, and his first appeal was denied on the grounds that he did not provide enough medical evidence.

The former mason enlisted the help of a local legal aid center for assistance with the appeals process because he could not understand why colon cancer would not qualify. His lawyer contacted multiple hospitals for records.

By September 2010, his cancer reached stage four. The 50-year-old was in the hospital and had few resources left. The Social Security Administration requested additional documentation to determine whether the man was able to work. On December 15, 2010 the man was granted disability benefits. Unfortunately, it was too late. The 50-year-old man died nine days earlier.

Source: The Wall Street Journal, "Growing case backlog leaves the terminally ill waiting," Damian Paletta and Dione Searcey, Dec. 28, 2011