New Social Security Disability Determination Process unveiled

[Guest guest]

Commissioner Barnhart Unveils New Social Security Disability

Determination Process

http://www.ssa.gov./pressoffice/pr/DSI-pr.htm

Jo Anne Barnhart, Commissioner of Social Security, issued a final

rule establishing a new disability determination process. The new

process, built upon Social Security's electronic disability claims

process, will shorten decision times and pay benefits to people who

are obviously disabled much earlier in the process.

" The changes we are making in the disability process will greatly

improve the quality of service that Social Security provides to

millions of disabled workers and their families, " Commissioner

Barnhart said. " The new process uses 21st century technology and

creates accountability at every step. It reflects my goals of

improving the accuracy, consistency and fairness of our process and

ensuring that we make the right decision as early in the process as

possible. "

The new disability process provides for:

A quick disability determination process for those who are obviously

disabled. Favorable decisions would be made in such cases within 20

days after the claim is received by the state disability

determination agency.

A new Medical-Vocational Expert System (MVES) to enhance the

expertise needed to make accurate and timely decisions. The MVES will

be composed of a Medical-Vocational Expert Unit and a national

network of medical, psychological and vocational experts who meet

qualification standards established by the Commissioner.

A new position -- the Federal Reviewing Official -- that will review

state agency determinations upon the request of the claimant. This

will eliminate the reconsideration step of the current appeals

process.

Retention of the right to request a de novo hearing and 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.

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 gradually.

Social Security plans to phase in the new process on a region-by-

region basis beginning with the Boston Region this summer. The Boston

Region is comprised of the states of Connecticut, Maine,

Massachusetts, New Hampshire, Rhode Island and Vermont.

The new disability process is the result of a collaborative effort

that began during a discussion Commissioner Barnhart had with

President Bush early in her term. On September 25, 2003, Commissioner

Barnhart presented Congress with an approach to improving the

disability process. Since then, Commissioner Barnhart and Agency

staff conducted hundreds of meetings with interested groups and

individuals. Social Security also carefully considered nearly 900

suggestions received during a 90-day public comment period that

followed publication of a proposed regulation to improve the

disability process on July 27, 2005.

" The comments we received during our extensive outreach effort and in

response to our proposed rule were extremely helpful and deeply

appreciated, " said Commissioner Barnhart. " I was very impressed with

the professionalism, time and effort that the interested parties put

into their suggestions. I believe we have improved the final rule as

a result. "

The preamble to the final rule explains the changes that were made to

the proposed regulation as a result of the comments the Agency

received. To ensure that discussions and improved understanding

continue even after implementation of the final rule, the preamble

also notes that Social Security plans to continue to meet with

interested parties as the new process is rolled out.

In conjunction with the changes in the disability determination

process, Social Security is conducting several demonstration projects

aimed at helping people with disabilities who are interested in

working. These projects support the President's New Freedom

Initiative and provide for work incentives and opportunities earlier

in the process. In these demonstrations, the Agency will test

providing cash supports, various forms of medical benefits and

employment supports such as transportation assistance. Social

Security will look at how making these available will help people

with disabilities successfully work.

" From the beginning, I have been committed to developing a disability

determination process that provides the level of service the American

people expect and deserve, " Commissioner Barnhart said. " I am

confident that this rule will do just that. "

For more information on the new disability determination process, go

to www.socialsecurity.gov/disability-new-approach.

The final rule is on public display at the Office of the Federal

Register.