The Social Security Disability Process

This page will show how the Social Security Disability (SSDI) and SSI process works.  This will show what steps are taken and how the file is processed.  If you are wondering:  How does Social Security determine if someone is disabled then got to page called are you disabled?  If you have already decided you need a lawyer for your claim click on Find a Lawyer.  You can also call me at 1-877-527-5529 and ask for Karl.

What steps to take in a Social Security Disability Claim

The first thing you need to do is apply for Social Security disability benefits. Applications are taken at the local Social Security Administration offices. If you are applying for Social Security disability (SSDI) you can apply by phone, mail, on-line or in person. Your Lawyer or representative can also file your application. Supplemental Security Income (SSI) on the other hand must be done in person at a local Social Security office. Your claim for disability benefits will then be processed by Social Security field offices and state agencies. The Social Security field office will verify your age, marital status, employment and if you are covered under Social Security by paying into the system thru your taxes. The file is then sent to Disability Determination Services (DDS) to determine if you are medically disabled. The DDS is responsible for getting the medical information needed from your doctors and usually consultative examining doctors that are paid by the Social Security Administration. Ounce DDS determines they have enough medical evidence they will make the first decision if you are disabled. If you are found disabled the DDS will then send the file back to the Social Security field office to asses the amount of your disability benefits and will then begin paying those benefits. If the DDS finds you not disabled then the file is also sent back to the Social Security field office were the file waits to see if you appeal the decision. If you appeal the decision in some states you go to the process of reconsideration. This is basically a repeat of the above process. In other states if you appeal your initial denial you will go straight to the hearing stage before an administrative law judge. In states that have reconsideration if you are denied this second time you go to the hearing stage. Your case is now in another office called the Office of Hearing and Appeals (OHA). On a side note the Office of Hearings and Appeals is now called the Office of Disability Adjudication and Review or ODAR. The wait time for a hearing is long usually anywhere from 12-18 months and sometimes longer. If you win at this stage and your case is not reviewed by the Appeals Council it will be sent to local field office for payment. If you lose at this stage you can appeal the decision to the Appeals Council. The Appeals Council can deny your appeal, remand the case for another hearing, or find you disabled. If you lose at the Appeals Council your only recourse is to file civil action in United States Federal Court.

Social Security News Release

Social Security Announces Nationwide Launch of Compassionate Allowances

Process Will Fast Track Applications For People with Cancers and Rare Diseases

Michael J. Astrue, Commissioner of Social Security, today announced the national rollout of the agency’s Compassionate Allowances initiative, a way to expedite the processing of disability claims for applicants whose medical conditions are so severe that their conditions obviously meet Social Security’s standards.“Getting benefits quickly to people with the most severe medical conditions is both the right and the compassionate thing to do,” Commissioner Astrue said. “This initiative will allow us to make decisions on these cases in a matter of days, rather than months or years.”Social Security is launching this expedited decision process with a total of 50 conditions. Over time, more diseases and conditions will be added. A list of the first 50 impairments -- 25 rare diseases and 25 cancers -- can be found at www.socialsecurity.gov/compassionateallowances. Before announcing this initiative, Social Security held public hearings to receive information from experts on rare diseases and cancers. The agency also enlisted the assistance of the National Institutes of Health. Compassionate Allowances is the second piece of the agency’s two-track, fast-track system for certain disability claims. When combined with the agency’s Quick Disability Determination process, and once fully implemented, this two-track system could result in six to nine percent of disability claims, the cases for as much as a quarter million people, being decided in an average of six to eight days."This is an outstanding achievement for the Social Security Administration," said Peter Saltonstall, President of the National Organization for Rare Disorders. "It has taken Social Security less than a year to develop this much-needed program that will benefit those whose claims merit expedited consideration based on the nature of their disease. Disability backlogs cause a hardship for patients and their families. Commissioner Astrue and his staff deserve our thanks for a job well done.”“Unfortunately, many hardworking people with cancer may not only face intensive treatment to save their lives, but they may also find themselves truly unable to perform their daily work-related activities and as result, may face serious financial concerns, such as the loss of income and the cost of treatment,” said Daniel E. Smith, president of the American Cancer Society Cancer Action Network. “The Social Security Administration’s Compassionate Allowances program will help streamline the disability benefits application process so that benefits are quickly provided to those who need them most.”“This is America, and it simply is not acceptable for people to wait years for a final decision on a disability claim,” Commissioner Astrue said. “I am committed to a process that is as fair and speedy as possible. The launch of Compassionate Allowances is another step to ensuring Americans with disabilities, especially those with certain cancers and rare diseases, get the benefits they need quickly.”# # #

SSA Press Office 440 Altmeyer Building 6401 Security Blvd. Baltimore, MD 21235
410-965-8904 FAX 410-966-9973



SSA to Find Ways to Shorten Disability Process

Previously in this section I described the planned change to the social security disability process. I am happy to report that the Disability Service Improvement Process will not be coming to the rest of the country and is terminated in the Boston region for all new cases in that region. I expect there will be changes to the process made at some point but for the most part the process to remain as it has been. One exception is a growing trend of the elimination of the reconsideration stage of the process. This is probably not a bad thing since the denial rates at this stage in the process are usually 80% and above. So in many states now and probably all states in the near future claims that are denied at the application stage will then request a hearing and go right to the hearing stage of the process. This may cut down the processing time of claims. The most important thing is that it looks like Social Security will be keeping the Appeals Council. This is important because it allows a claimant who was denied the hearing level to have it reviewed by a separate entity without having to file a claim in US District Court. However, if you are denied at the Appeals Council you will still have the right to file a claim in US District Court. Commissioner Astrue appears committed to trying to find ways to shorten the process. One example is in the Social Security press release which you can find on the left of this page. The Commissioner in an attempt to address the backlog and baby boomer population is formulating a plan with four specific goals according to another Social Security press release. The plan calls for elimination of the hearings backlog and preventing a recurrence of it. Improving the speed and quality of the disability process. Improving retiree and other core services. And preserving the public's trust in the Social Security system. As I learn more about specifics of his plan to achieve these goals I will write about them on the site.



 We have attempted to provide up to date and accurate information, however the information in this site is not guaranteed.  No attorney client realtionship exist.  The information in this site is not a substitute for consultation with a quilified attorney.
© 2006-2009 by Kazmierczak & Kazmierczak, LLP. All rights reserved.