Social Security Disability

Social Security is implementing sweeping changes to the way it processes Disability claims. One of these changes is Quick Disability Determinations. This is an automatic process where Social Security computers will identify certain types of disabilities for approval in 20 calendar days.

This is not something you can request when filing your disability claim, Social Security computers will screen your alleged disability along with your medical evidence to determine if your claim is eligible for 20 day approval automatically. Social Security is not publicizing this program to the general public. When you call Social Security’s toll-free number, the representatives will not volunteer information about the Quick Disability Determinations program, unless you ask.

To find out if your claim is being processed under Quick Disability Determinations 20 day approval, call Social Security’s toll free number at 1-800-772-1213 and ask about QDD.

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You might hear people say “Social Security automatically denies your disability claim the first time you apply.” This is simply not true. When you submit your Disability claim in the Social Security office, your Social Security representative will spend about thirty days putting your application together. After the file is complete, your case is transferred to your State’s Disability Determination Agency. Social Security is not involved in the process of approving your initial Disability claim.

Once the State agency, Disability Determination Services (DDS), has your claim the examiner will typically take 120 days to make a decision on your case. This 120 day timeframe is an average, and DDS examiners do not have set time limits for processing your claim. If the State schedules an appointment for you to see a doctor your case could take longer than the 120 day timeframe. The examiners that work for the State agency are not doctors. They have criteria for evaluating the medical evidence you have submitted to decide if your disability qualifies you for approval. If they do not have sufficient medical evidence to support your disability the examiner will deny your claim.

If you have seen a doctor after filing your application and need to submit new evidence for your claim, you should contact the examiner at the State agency. A Social Security representative can look this person up for you and give you their contact information. To find out how to contact your examiner at the State agency, contact Social Security at their toll-free number.

When dealing with the State, remember it pays to be polite. You don’t want to alienate the examiner working on your claim. While this individual’s personal opinion of you should have no bearing on the approval of your claim, you will find cooperation and courtesy go hand in hand.

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If you are applying for Social Security disability you can choose to have someone represent you. This person could be a disability representative or an attorney. Keep in mind that most disability representatives are not attorneys; they did not attend law school and you should carefully scrutinize their qualifications to represent you.

Social Security places limits on what this person can charge you for their services. Any fee agreement you sign with this person must be approved by Social Security.

Once you have designated a representative for Social Security this person will be able to access your Social Security record, provide medical information to support your case, and represent you at any meeting, interview, or hearing you are asked to attend. Your attorney or representative can also help any witnesses prepare their testimony on your behalf. When your case is finished Social Security will provide your attorney or representative with the decision on your case.

If you would like to find an attorney to represent you but don’t know where to start, contact your local Social Security office for a list of attorneys and organizations in your area. After you select a representative you are required to notify Social Security. The form used for this is the SSA-1696 which you can get by calling Social Security’s toll-free number. You must designate this person and sign the form before they will be allowed to represent you.

After you have designated your representative Social Security must approve the fee agreement that person will charge you. Your attorney or representative will submit the fee agreement for you and you will be required to sign it. Once the fee agreement is approved the representative cannot charge you more that what was agreed. This person cannot coerce you into paying anything more that the amount outlined in your fee agreement.

The fees outlined in your fee agreement cannot be more than 25% of any back pay you would collect upon winning your appeal or $5300. The lesser of these two amounts will be awarded to your attorney or representative upon the successful completion of your appeal.

Your attorney or representative may still be able to bill you for their out of pocket costs without having these expenses approved by Social Security. If your appeal is successful Social Security will typically pay the attorney for you from your past due benefits.

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