Friday, May 8, 2020

WHO YOU MAY ENCOUNTER IN DEALING WITH SOCIAL SECURITY DISABILITY




Who are you likely to encounter in trying to get Social Security disability?

  • The Social Security Field Office.  This is your local Social Security office.  It is responsible for collecting all the forms and pieces of the application for benefits.  It can also answer basic questions for you.
  • The Disability Determination Service (DDS).  This is a state agency that works under contract with Social Security to process disability claims.  The DDS will order your medical records, review them and make the initial decision about whether you meet the rules to get a disability benefit.
  • Disability Specialist - This is a state employee who works for the Disability Determination Service and manages your claim while at the DDS level.  You may get mail from this person or speak to them on the phone.
  • Office of Hearings Operations (OHO).  This is the office that handles your appeal if your claim is denied at the initial level and at Reconsideration, and you file an appeal. 
  • Administrative Law Judge (ALJ).  This judge works for the Social Security Administration and conducts hearings when your claim for benefits has been denied. You have a right to appear before this judge in person and you may be represented by legal counsel (who may appear with you).  Most claims get resolved here.  You must file a timely appeal to get a hearing.
  • Vocational Expert (VE).  A vocational rehabilitation counselor who is called by Social Security to testify at a hearing.  The VE will classify each of the claimant's past relevant jobs and will answer a series of hypothetical questions posed by the administrative law judge concerning the ability to work under various restrictions.  The VE's testimony is very pertinent to the decision that will be rendered by the ALJ.
  • Payment Processing Center.  After your claim has been approved, it goes to a payment processing center where benefits are calculated and checks are written to the claimant and representative (if any).
  • The Appeals Council (AC) - is the group of administrative law judges in Falls Church, Virginia which reviews hearing decisions on appeal.  This is the final administrative appeal. There is no hearing and neither the claimant or representative appears before the AC for this appeal.  The Council will review the administrative law judge's handling of your hearing to see if it properly considered all the evidence and applied the rules of the Social Security Administration correctly.  The AC does not try to re-examine whether the claimant is disabled.
  • Federal District Court (DC) - may review a denied claim upon appeal by the claimant--after the case has been denied by both an administrative law judge and the Appeals Council.  Only about 1 percent of all Social Security disability claims go to this level.  A federal district court challenge involves a federal lawsuit by the claimant against the Commissioner of Social Security.


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