As you know, ERISA plan administrators must consider Social Security Administration (SSA) disability determinations when making the disability benefit decision.

ERISA plan administrators are not bound by the SSA’s determination.  But  the benefit denial letter should provide an explanation why the SSA determination was not followed.  Failure to provide that explanation raises questions whether the adverse benefits determination was ‘the product of a principled and deliberative reasoning process.’

So, it is always worthwhile to see the latest trends in disability findings from the Social Security Administration.

Here’s the “Annual Statistical Report on the Social Security Disability Program” (SSA Pub. No. 1311826, December 2014):

http://www.ssa.gov/policy/docs/statcomps/di_asr/2013/di_asr13.pdf

A few highlights:

1.  35% of people getting Social Security disability benefits have been diagnosed with a mental disorder.

-Massachusetts and New Hampshire have the highest percentage of individuals with a mental disorder: 49.9%.

-Washington D.C. ranks in the top ten of jurisdictions where disabled beneficiaries have a mental disorder diagnosis.

-Alabama, Georgia, South Carolina, Arkansas and Louisiana have the lowest percentage of disabled with mental health diagnoses (28-30%).

2.  The total number of SSA disabled beneficiaries has increased 49.7% since 2003.

3.  The total number of SSA disabled beneficiaries has increased 14.3% since 2009.

4.  27.7% of disabled individuals have been diagnosed with musculoskeletal issues.

 

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Photo of Mike Reilly Mike Reilly

Mike Reilly is a nationally recognized labor, employment and employee benefits attorney, named one of the “Top 100 Most Powerful Employment Attorneys in the Nation” for the past five consecutive years by Human Resource Executive®. He has decades of experience providing strategic employment…

Mike Reilly is a nationally recognized labor, employment and employee benefits attorney, named one of the “Top 100 Most Powerful Employment Attorneys in the Nation” for the past five consecutive years by Human Resource Executive®. He has decades of experience providing strategic employment advice, and has represented clients in more than 75 jury trials, arbitrations, bench trials and claims before the EEOC and Washington State Human Rights Commission.

Small and large employers retain Mike for his strategic advice and decades of experience in employment issues and litigation, business decisions and litigation avoidance. Mike provides advice in claims involving discrimination, retaliation, wrongful discharge, disability accommodation, ERISA and non-ERISA employee benefit claims, and wage/hour claims. He served as lead counsel in an employee raiding/trade secret case as reported in the Wall Street Journal, and defends employers in class action claims.

Mike’s remarks on employment issues have been quoted in NewsweekCorporate Legal TimesSeattle TimesEmployee Relations Law JournalPuget Sound Business JournalCFO.com, and other professional journals and management publications. Chambers USA’s Guide to America’s Leading Lawyers for Businessrates Mike in the top ranking (band one) for his work in labor and employment law, and has described him as “one of Seattle’s top-rate attorneys” who is “truly phenomenal [with] superb legal instincts” and “an amazingly assertive litigator.” His clients include Nordstrom, Seattle Seahawks, Home Depot, KeyBank, Starbucks, Fred Hutchinson Cancer Research Center, Red Robin and Seattle Chamber of Commerce, among others.