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Aspects of Disability Decision Making: Data and Materials

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B. Steps in the Social Security <strong>Disability</strong> Application <strong>and</strong> Appeals ProcessesInitial ApplicationField Office RoleA claimant files an application for SocialSecurity <strong>Disability</strong> Insurance (DI) <strong>and</strong>Supplemental Security Income (SSI) disabilitybenefits in one <strong>of</strong> SSA’s 1,300 field <strong>of</strong>fices. Theapplication asks for information that will enableSSA staff to determine whether the claimantmeets the non-disability requirements for entitlement.For DI cases, these requirements includesuch factors as whether the claimant is insured fordisability benefits. In SSI cases, individuals mustprovide pro<strong>of</strong> <strong>of</strong> citizenship status <strong>and</strong> documentation<strong>of</strong> their income <strong>and</strong> resources.The field <strong>of</strong>fice is also responsible for obtaininginformation from the claimant about his orher impairment <strong>and</strong> how it limits the ability todo work. Information about the claimant’s medicalsources, tests, <strong>and</strong> medications is collected, aswell as information about the individual’s pastwork, education <strong>and</strong> training. The accuracy <strong>and</strong>completeness <strong>of</strong> the information on this “disabilityreport” can influence whether the claimant’sapplication is approved or denied <strong>and</strong> affects thespeed in which the decision is made.Claimants generally rely on field <strong>of</strong>fice staffto advise them <strong>and</strong> their representatives on whattypes <strong>of</strong> evidence to submit to support their claims.SSA developed a “disability claim starter kit” thatis sent out in advance <strong>of</strong> the interview <strong>and</strong> providesthe claimant with preparatory materials forthe interview. The claimant or the representativecan complete the forms <strong>and</strong> worksheets <strong>and</strong> takethem or mail them to the field <strong>of</strong>fice, or use theInternet to transmit the information. Telephoneinterviews <strong>and</strong> disability reports filed over theInternet now comprise a growing number <strong>of</strong> theapplications filed. As a result, fewer applicants areactually being seen in the field <strong>of</strong>fices.DDS RoleAfter securing the disability report, the SSAfield <strong>of</strong>fice sends it to a <strong>Disability</strong> DeterminationServices (DDS), a State-run agency that makes disabilitydeterminations using SSA’s regulations <strong>and</strong>procedures. There, a team consisting <strong>of</strong> a disabilityevaluation specialist <strong>and</strong> a physician (or psychologist)considers the facts in the case <strong>and</strong> determineswhether the claimant is disabled under the SocialSecurity rules. While the State agencies are notunder SSA’s direct administrative control, SSAfully funds their costs <strong>and</strong> provides oversight.DDSs follow the SSA-established program st<strong>and</strong>ards<strong>and</strong> their decisions are subject to qualityassurance review.The claimant is required to establish that he orshe is disabled by providing medical <strong>and</strong> other evidence<strong>of</strong> a disabling condition. The DDS, however,is responsible for making every reasonable effortto help the claimant get medical reports from theclaimant’s physicians <strong>and</strong> hospitals, clinics, orinstitutions where the person has been treated.The DDS pays a fee for any medical reports that itneeds <strong>and</strong> requests.If additional medical information is neededbefore a case can be decided, the claimant may beasked to attend a “consultative examination,” paidfor by the DDS. (SSA pays the DDS for the cost <strong>of</strong>these examinations, <strong>and</strong> for the cost <strong>of</strong> obtainingmedical reports.) This examination is importantfor those applicants who may not have a currentmedical provider or where the necessary informationis not readily available. SSA requires thatevery reasonable effort be made to obtain the evidencefrom the claimant’s treating sources before aconsultative examination is scheduled.In making a decision on a claim, the DDS conductsthe process in an informal, non-adversarialmanner. Claimants are not seen in person by theState agency adjudicators, but telephone contactsare not unusual. The claimant may present informationhe or she feels is helpful. The informationthat the claimant provides <strong>and</strong> all the evidence thatSSA <strong>and</strong> the State agency obtain from medical <strong>and</strong>other sources will be considered. The individualmay submit the information him or herself, or itmay be provided by the claimant’s representative.Once a decision is rendered, the claimantreceives a written notice. The reasons for the allowanceor the denial determination are stated in thenotice. The claimant is also informed <strong>of</strong> the rightto appeal. When a claim is approved, the awardletter shows the amount <strong>of</strong> the benefit <strong>and</strong> whenpayments start.Administrative AppealsIndividuals who receive an unfavorable initialdisability decision have the right to appeal. Thereare four levels <strong>of</strong> appeal: (1) reconsideration by theState agency; (2) hearing by an administrative lawjudge (ALJ); (3) review by the Appeals Council; <strong>and</strong>(4) Federal court review. At each level <strong>of</strong> appeal,<strong>Aspects</strong> <strong>of</strong> <strong>Disability</strong> <strong>Decision</strong> <strong>Making</strong>: <strong>Data</strong> <strong>and</strong> <strong>Materials</strong> 87

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