New Disability Determination Process for Social Security Disability and SSI
[October 23, 2006]
Donald N. Freedman

In March 2006, the Social Security Administration issued a final rule that provides for a new process to improve disability decisionmaking. Implementation of the new process begins in August 2006 in the six New England states. The changes include:

• Establishing a quick disability determination process for persons who are obviously disabled. Favorable decisions will be made in such cases within 20 days after the claim is received by the state Disability Determination Service.

• Creating a new Medical-Vocational Expert System to enhance the expertise needed to make accurate and timely decisions.

• Eliminating the reconsideration step of the current appeals process and replacing it with a new step—a review by the Federal Reviewing Official, a trained attorney who will review state agency determinations at the request of the claimant.

• Retaining the right to request a hearing and new decision from an Administrative Law Judge if the claimant disagrees with the decision of the Federal Reviewing Official.

• Closing the record after the Administrative Law Judge issues a decision, with provision for certain good-cause exceptions to this rule.

• Creating a new body—the Decision Review Board —to review and correct decisional errors and ensure consistent adjudication at all levels of the disability determination process. The current Appeals Council will be phased out.

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