Native Memphian and part of the second generation of Donati lawyers. Married to Ashley Morris Donati and they have one son. Conversational in both French and Italian.

Education and Professional Background:
Graduated Christian Brothers High School  - 1998
Graduated Haverford College in Philadelphia – Political Science major, Economics minor – 2002
Additional study at the University of Pennsylvania and Bryn Mawr College
Graduated University of Mississippi School of Law – 2006

Admissions:
Tennessee - 2006
Mississippi - 2006

Practice Description:
• Focuses on Social Security Disability – Robert is currently Chairman of the Social Security Section for the Memphis Bar Association.

• Admitted to practice before the Board of Veterans Appeals.
 
Affiliations And Memberships:
Mississippi Bar Association
Tennessee Bar Association
Memphis Bar Association
National Organization of Social Security Claimants Representatives

COMMENTARY
This column appeared on The Commercial Appeal op/ed page on July 19, 2007 written by Robert Donati:

 There has been a lot of talk about  the future solvency of Social Security and problems that we as a nation will likely face down the road. 

  However, a problem of immediate interest to thousands of Mid-Southerners has received no attention —  namely, the horrendous delays for those seeking disability benefits. Because of the years it is currently taking to obtain their benefits, it is the Social Security Administration (SSA) that is itself forcing the Americans who depend upon it into insolvency.

   In Tennessee, approximately 70 percent of applicants are denied at their initial applications for disability. Those not lucky enough to win initially must appeal for reconsideration (where 93 percent of applicants lose) before eventually having to appeal for a hearing before an administrative law judge. In our experience, the initial application and reconsideration each takes about four to five months. Though these delays are annoying, they are nothing new. What is new, however, is the ever-lengthening delay for a hearing.  

  According to the National Organization of Social Security Claimants’ Representatives, the number of cases pending at the hearing level has risen considerably from 311,958 cases in 1999 to a staggering 711,284 cases in 2005. Concurrently, processing times for these cases have risen around the country. In the year 2000, average processing time was 274 days. Currently, the number hovers at 524 days. In Memphis, the average processing time stands at 450 days, while in Nashville it is 550 days.

   This means that, in Memphis, from the day that the average claimant files until the day he or she receives a favorable decision from a judge, he or she will have waited for more than two years. Shockingly, this processing time represents one of the most expedient times in the country, with other cities such as Atlanta experiencing an average delay of some four years.

   These appalling conditions are the direct result of insufficient funds being allocated to the Social Security Administration. During the past seven years, the president has never requested the full budget recommended by the Social Security commissioner, and Congress has never fully funded the budget requested by the president. The SSA has been forced to work under a hiring freeze that has decimated the support staff that is the backbone of this system. Nationally, the number of support staff in the hearings offices has decreased by 25 percent, representing a loss of approximately 4,000 staff positions. The staff that remains is doing incredible work, often doing the work that would normally have been assigned to two or three others. But as dedicated as they are, such a system cannot be supported.

  These staffing shortages coincide with a period of unprecedented demands for disability claims. An aging baby boomer generation has resulted in increasing numbers of applicants for disability. Additionally, administrative efforts to modernize the Social Security process have required a substantial number of Social Security staff be diverted from case development to clerical duties, such as scanning old paper folders into “e-files.”

  What this means for all of us locally is that if you become sick and are no longer able to work, you will likely be on your own for a very long time. Very few of us have the savings to survive for two-plus years without work. You may lose your home. You will likely lose your health insurance. Bankruptcy will be the course for others. Families and friends will be strained. Some will likely end up in the streets or in shelters.

  Thankfully, all hope isn’t lost. Congress is now considering restoring the funding cutbacks that have decimated the system. If you or someone you know is struggling with this process, you need to contact your U.S. senators and representatives to let them know that this is a matter you care about.