The phrase "lost in translation" aptly describes what often happens with a Social Security disability claim at Disability Determination Services (the state agency that makes disability determinations at the initial application and reconsideration levels).
DDS obtains your medical records and usually has them reviewed by a DDS in-house doctor (for physical impairments) and/or a psychologist…
The Reconsideration step of the Social Security disability claim process can be an unfriendly place.
On a national basis, 87% of claims are denied again at Reconsideration. That's 7 out of 8. I would say that my practice in Maine experiences a similar percentage of Reconsideration denials (In New Hampshire, however, disability claims go directly…
When you file a Social Security disability claim, it goes to a state agency for a medical determination. The agency is called Disability Determination Services (DDS) in Maine, but some other states have slightly different names for their agencies. In Maine, the first appeal of a denied disability claim also goes to DDS for Reconsideration.…
Every now and then I see a New Hampshire disability claim where the only physical RFC in the record is from a single decisionmaker. That means the RFC assessment from DDS was not completed by a doctor. At the hearing level, a single decisionmaker RFC should be placed with the jurisdictional documents in the "A"…
In a recent blog post, attorney Charles Hall asked Why The Differences Between DDS And ALJs? Mr. Hall's post discussed an Office of Inspector General report which addressed the issue of differing allowance rates among the ALJs and the various state DDS agencies. The OIG report is definitely worth a look (link opens a pdf).…
When you apply for Social Security disability benefits, the medical record is not always sufficient for a disability determination. A disability examiner (or an administrative law judge) may schedule a consultative exam (CE) with a physician or a psychologist to assist them in assessing your medical condition and functional limitations.
The claimant should plan on…
Reconsideration is an intermediate step in the Social Security disability claim process. If DDS denies your initial claim and you appeal, the claim goes back to a different claim examiner at DDS for Reconsideration. In 5 out of 6 claims, the new examiner denies the claim again. For most claimants, Reconsideration is an unnecessary…
In a recent blog article entitled Another Reason You May Be Denied Your Social Security Disability Benefits, Indiana Social Security disability attorney Tom Ebbinghouse makes an excellent point regarding denials of Social Security disability claims by the various DDS agencies determining Social Security disability and SSI claims. [These agencies are known by slightly different names…
I just received an on the record decision from the Portland Hearing Office for one of my clients. An "on the record" decision is a fully favorable decision granting the claim on the record without a hearing.
What is notable about this particular decision is that it was made on the exact same record evaluated by…
If you have a disability claim pending with the Social Security Administration, please make the following New Year's resolution:
I will appeal my claim immediately if it is denied.
Although you have 60 days to appeal a denied claim, there is no reason to wait. I speak with people almost every week who did…
