Social Security disability just got a bit easier – SDM forms not evidence in appeals
Social Security frequently has single decision makers (SDMs) complete forms describing what an individual can and cannot do in the workplace. These are very important case since the ultimate issue in a Social Security disability is whether an individual can still perform some type of work.
§404.906 describes the SDM process:
(2) In the single decisionmaker model, the decisionmaker will make the disability determination and may also determine whether the other conditions for entitlement to benefits based on disability are met. The decisionmaker will make the disability determination after any appropriate consultation with a medical or psychological consultant. The medical or psychological consultant will not be required to sign the disability determination forms we use to have the State agency certify the determination of disability to us (see §404.1615). However, before an initial determination is made that a claimant is not disabled in any case where there is evidence which indicates the existence of a mental impairment, the decisionmaker will make every reasonable effort to ensure that a qualified psychiatrist or psychologist has completed the medical portion of the case review and any applicable residual functional capacity assessment pursuant to our existing procedures (see §404.1617). In some instances the decisionmaker may be the disability claim manager described in paragraph (b)(1) of this section. When the decisionmaker is a State agency employee, a team of individuals that includes a Federal employee will determine whether the other conditions for entitlement to benefits are met.
The problem with a SDM deciding an individual’s limitations is that SDMs are not doctors, nor nurses, nor any type of medical professional. The SDM is often the Social Security case manager working in the Disability Determination Services (DDS) office.
The SDM often works with a medical expert to evaluate the extent of a claimant’s impairments and the resulting limitations. However, it is the SDM, not the medical professional, who often completes the limitations forms and decides whether an individual is disabled.
How many Social Security disability applications are approved
Ever wonder what the Social Security disability approval rate is? Vicki Johnson, Director of the Colorado Disability Determination Services office presented at the September 2010 Social Security CLE (continuing legal education) program and discussed the percent approved in Social Security disability cases.
Note: Disability Determination Services (DDS) is the part of Social Security that evaluates Social Security case for medical disabilities and makes the initial decision.
Ms. Johnson reports that DDS approves 38% of Social Security disability cases.
Avoid bad information, call the right Social Security office!
Every once in a while I get a panicked call from a client:
I called Social Security about my case.
They don’t show an appeal was filed. What happened?!
I ask which Social Security office they called: the local Social Security office, the appeals office (Office of Disability Adjudication and Review – ODAR), or the toll free Social Security 800 number?
Even though all Social Security information about a case should be available to any person you speak to at Social Security, in practice, this does not always work. Even though Social Security does not mean to panic you, misleading or just plane wrong information is sometimes given out.
