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Friday, October 22, 2010

Social Security Press Office: Social Security Fast-Track Disability Processes Gets Faster

press.office@ssa.gov
Michael J. Astrue, Commissioner of Social Security (SS), today announced that the agency has published final rules that will further reduce the time it takes to decide applications for disability benefits from those persons with the most severe disabilities—a process that currently takes less than two weeks on average.

The new rules allow disability examiners to make fully favorable determinations for adult cases under the agency’s Quick Disability Determination (QDD) and Compassionate Allowance (CAL) processes without medical or psychological consultant approval.

It also will help the agency process cases more efficiently as it will give medical and psychological consultants more time to work on complex cases where their expertise is most needed.

“The new rules we are publishing today will help us get disability benefits to the most severely disabled Americans even faster,” Commissioner Astrue said.

This year, more than 100,000 people benefited from our fast-track disability processes and received decisions in a matter of days rather than the months and years it can sometimes take. I am pleased that our fast-track processes will now be even faster and help speed much needed benefits to our most vulnerable citizens.


Under SS’s QDD process, a predictive computer model analyzes specific data within the electronic disability file to identify cases where there is a high likelihood that the claimant is disabled and we can quickly obtain medical evidence.

The CAL process currently identifies 88 specific diseases and conditions that clearly qualify for SS and Supplemental Security Income disability benefits and can be fast-tracked.

The final rules, 20 CFR Parts 404 and 416, can be accessed through the Federal Register online at www.regulations.gov. They will be effective on November 12, 2010.

Additional information about Social Security’s Compassionate Allowances process is available at www.socialsecurity.gov/compassionateallowances.

Middle Class Warrior gives Social Security high marks. He had suffered from hidden medical conditions for years and filed a claim with the VA is early 2008. Part of the claims even extends back to 2002. 

The claim was successfully appealed and split between Washington and a VA Regional Office in the Tampa Bay area. He is hoping the VA claim will be ruled on by the end of the calendar year.

He took less than 10 per cent of  same information to SS and was declared 100 per cent disabled in 111 days. The SS disability is an all or none proposition. the VA award disabilities between 0 and 100 per cent so you can be partially disabled. SS has a three step process and the VA: a five step process.

In the VA, the primary disability must be service connected.

The SS has an  automated process for the application and additional information can be faxed back with a bar coded cover sheets the SS provides with the claimants file number. 


You can also check on the Internet to find out if your claim is current with SS. During the determination, claimants may be able to discuss the claim with their claim officer.

SS uses private physicians to evaluate the claimant's medical condition if required. Since Middle Class Warrior had extensive documentation form board certified physicians, SS did not schedule him for physicals by additional physicians.

The VA has a more byzantine process. You are encouraged to find a private representative from the Disabled American Veterans , American Legion or like. You can either mail in correspondence to the VARO, hand carry it to the VARO or hand carry it to you rep. 

There is no automated process for the VA claims. The VA claim file or c-file is only partially automated and Middle Class Warrior sees these files moved around in large carts every time he visits the local VARO. However, you can submit the initial claim online.

You must be evaluated by a C&P clinician who can be a nurse practitioner (NP) or a physicians assistant (PA). These medical staff are usually unaware of medical documentation you have provided to the VARO on the case. 


If you miss an appointment with one of these clinicians, the case will probably be thrown out. Rightardia advises that your search the credentials of these clinicians and insist that C&P schedule you to be examined by a medical doctor, not a PA or NP. 

Usually the C&P progress notes are available the same day of the physical. Get a copy and reclama any factual errors or errors of omission or commission that you find in the exam. In most cases the C&P doctors will attempt to refute your claim. Post the reclama in the next five working days or less.

If your claim is denied, you can ask for a de novo review preferably by a Decision Review officer (DRO) at the VARO. 


You can also appeal to the Board of Veterans' Appeals (BVA). The de novo requires you to provide additional information for the DRO to consider. A de novo takes several months to complete and you might be better off by going before an administrative law judge from the Board of Veteran Appeals (BVA). 

This will get the claim out of the VARO and your chances of succeeding in front of  BVA judge are 73 per cent. The judge is supposed to make a determination based on public law and court precedents, not VA procedures. Often the VARO ignores court precedents.

So it is a new ball game when you plead you case in front of a BVA judge.

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