08 | 4 | 2006 Posted By Diane Pfadenhauer

The New World Order of Social Security Disability Claims Processing

HR professionals and employment lawyers typically are not experts in Social Security disability matters.  However, I do think it is a good idea to know what is going on in this area, particularly when dealing with an employee who will ultimately go on long term disability.

The Disabled Worker Law Blog (by my buddy and fellow Lex-blogger, Troy Rosasco) discusses changes to the Social Security Disability claims process.  These changes are effective August 1, 2006.  An overview of the changes include:

    1. Social Security Disability Attorneys are not required to submit adverse medical evidence, as was originally proposed in the NPRM.
    2. Social Security Disability Lawyers will now have a 75 day notice of an Administrative Law Judge hearing, an improvement over the current 20 day notice requirement.
    3. Quick Disability Determinations (QDDs) for clearly disabled claimants
    4. Establishment of a new Medical and Vocational Expert System (MVES)
    5. The new position of the Federal Reviewing Official (RO), a government attorney who looks at claims between initial denial level and the ALJ hearing level
    6. A new Decision Review Board (DRB) replacing the old Appeals Council
Troy points out that these changes are being phased in gradually across the country, starting in Region I (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont).

For the details, follow this link to:  New Regulations Under the Social Security Disability Claims Process