Friday, December 18, 2015

DISABILITY APPLICATIONS: DEALING WITH SOCIAL SECURITY & THE DDS

The Disability Determination Service (DDS) is located in Birmingham, AL.  This is a state run agency contracted by Social Security to examine disability claims and make the initial decision as to whether a claimant meets the rules for disability benefits.  Here are some of the things DDS typically does with a new claim:

  • Order records from doctors and other medical providers
  • Analyze medical records to determine what conditions/impairments you have
  • Schedule any medical exams that they feel you need
  • Obtain your past work history and classify your past relevant jobs
  • Determine what your Residual Functional Capacity (RFC) is
  • Decide whether you are eligible for benefits under Social Security rules
  • Deny a majority of claims that they review (About two-thirds of all claims)
Here is why DDS will usually deny a claim at the first stage of the process:

  1. DDS will allege that you can perform some other work, even if they admit that you cannot sustain any of your past relevant work.
  2. DDS will assign more weight to the opinion of their own medical consultant than they will to the opinion of your treating doctors--even though this contradicts both federal regulations and Social Security's rules.
  3. DDS will assign you an unreasonable residual functional capacity that will still permit certain kinds of work. While they usually admit that you have certain severe impairments, they will not make the leap that these impairments prevent all types of work, which is the requirement for awarding disability.
A key idea that we try to communicate here at the Forsythe Firm is:  A denial by the DDS is not the end of the claims process, it is just the beginning.  We hope for the best but prepare for the worst, realizing that DDS is a denial machine--churning out denials to even well qualified claimants in wholesale numbers.  That's what we're here for.  Contact us as soon as you are denied and we will begin an immediate appeal to the next level, helping to preserve your rights, obtain an approval of your claim and collect the back pay you deserve.  There are no upfront fees for our help.

There is no fee for any service we provide unless you win your claim and collect back payments dating back to the date you first became disabled (your alleged onset date or amended onset date).  We are LOCAL Social Security disability advocates, located across from the Bridge Street Town Centre in Huntsville.  Call us locally at (256) 799-0297 or visit https://forsythefirm.wixsite.com/website










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