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"
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DDS
Different results between DDS and the ALJs
By Gordon Gates on
Posted in DDS
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).…
Consultative Examinations
By Gordon Gates on
Posted in DDS, Practice notes
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 Will Return
By Gordon Gates on
Posted in DDS
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…
Another Reason to Appeal Your Denial
By Gordon Gates on
Posted in DDS
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…
DDS and Examining/Treating Physicians’ Opinions
By Gordon Gates on
Posted in ALJ hearings, DDS
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…
New Year’s Resolution: Appeal Your Denied Claim
By Gordon Gates on
Posted in DDS
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…
Is the DDS system broken?
By Gordon Gates on
Posted in DDS
Social Security has an odd, two-tiered system for disability claims. The initial and reconsideration claims are decided by Disability Determination Services (DDS), a state agency. For denied claims that are appealed to the hearing level (and you should always appeal your denial), the claim goes to a Social Security hearing office, which is…
Judges say too many claims are denied initially, sometimes for no logical reason
By Gordon Gates on
Posted in DDS
A recent article in the Buffalo News interviews two Social Security administrative law judges regarding the backlog of disability claims. The article cites several problems contributing to the backlog. For me, the most meaningful problem discussed by the judges is that the DDS agencies are denying most claims, often for no logical reason.
While there has…
The Social Security Quality Review Board
By Gordon Gates on
Posted in DDS
There is an organization within Social Security called the Quality Review Board, also known internally as the Disability Quality Branch (DQB). In theory, the DQB just randomly samples determinations from DDS decisions to ensure that Social Security’s disability rules and regulations are being implemented and interpreted properly by the various state DDS agencies – a…