Law Office of L. Jack Gibney - Social Security Law

Law Office of L. Jack Gibney - Social Security Law If you have been recently denied for social security benefits we can help you!

12/22/2021

We would like to express our deepest gratitude towards all who have interacted with us during this past year, which has been a struggle for so many like last year. We extend our heartfelt gratitude during this Season and wish each of you a Merry Christmas, Happy Hannukah and Happy Holidays. We hope that each of you have a Safe and Blessed New Year and we look forward to continued involvement in the upcoming Year.

03/19/2020

Brad Paisley is doing his part to help the community during the coronavirus outbreak.

03/16/2020

St. Louis' response to the Spanish flu is informing the battle against the novel coronavirus.

There have been 6 changes to Social Security recipients and one of the most significant is the raise of 2.8%, which is t...
11/04/2019

There have been 6 changes to Social Security recipients and one of the most significant is the raise of 2.8%, which is the largest since 2012.

Here are the key changes in Social Security taxes and benefits that took effect on Jan. 1, 2019.

09/10/2019

E-cigarettes and youth don't mix. It's time to get the science-based facts from the U.S. Surgeon General.

05/25/2019

Memorial Day has come to mean barbecues, the start of summer and reflecting on the sacrifices made by our nation’s heroes. But beyond this, the holiday has a...

In recent months I have read (as I am sure that you have as well) about cases of measles.  I found this article from the...
05/08/2019

In recent months I have read (as I am sure that you have as well) about cases of measles. I found this article from the CDC (Centers for Disease Control) about the vaccine(s) that protects against measles, mumps and rubella.

MMR vaccine is safe and effective at preventing measles, mumps, and rubella. Get the facts and the latest CDC safety studies on MMR vaccine.

06/05/2018

What is DDS, or Disability Determination Services?


When you file a claim for disability benefits with SSA, your application will be taken by a CR, or Social Security claims representative if you go to your local Social Security office, or if you file your disability application with a local office by phone. The claims representative will take information about your disabling condition or conditions, medical treatment, and work history in order to get your disability file ready for a medical determination. However, the claims representative at the local Social Security office does not process your disability determination. Instead, it goes to a state agency.

The Role of Disability Determination Services a.k.a. DDS

The Social Security Administration uses state disability agencies to process medical determinations. Each state has at least one disability agency (and some have more than one agency) which is responsible for making Social Security disability and SSI decisions. In some states, the state agency is known as Disability Determination Services and in other states the agency that makes medical decisions on claims is known as the Bureau of Disability Determination, or the Disability Determination Division.

However, regardless of the name used in a particular state, all such state agencies perform the same function. And that function is this: after the claim is sent to DDS, it is assigned to a disability examiner who functions similarly to an insurance claims manager. The disability examiner is a specialist who has been trained to interpret medical records and vocational data (involving jobs and work histories).

The examiner has also been trained with regard to the various qualifications for disability, such as the criteria used in the Social Security Administration's guidebook titled "Disability Evaluation under Social Security" which is typically referred to as the Social Security Disability List of Impairments, or simply the listings.

Listings, of course, are one way by which claimants may qualify for disability. However, as most claimants will not satisfy the criteria of a listing (which can be very specific), examiners are also trained to determine if claimants are eligible for disability benefits via a medical-vocational allowance. A medical vocational allowance is awarded when a case has satisfactorily passed through a five step sequential evaluation process that is used by all disability examiners.

Information gathered by the Disability Examiner

To facilitate their work, the disability examiner who has been assigned to a case will gather the medical records from the medical treatment sources supplied by the claimant at the time of their disability interview. The wait for these records will typically require some time and will constitute the greatest portion of processing time for a disability claim.

While the examiner waits to receive the requested medical records (from each hospital and doctor listed by the claimant), they may also gather additional evidence such as information regarding the claimant's relevant work history--meaning potentially all jobs that were performed within the last 15 years. Also, the disability examiner will ordinarily attempt to obtain information regarding the claimant's ADLs, or activities of daily living. This type of information is obtained so that the examiner can discern in what ways the claimant is physically or mentally limited and, thus, restricted in their ability to work.

Medical exams ordered by DDS

Once the disability examiner examines the medical sources and treatment information that have been gathered and placed in the disability claim file, they have to decide if there is enough current medical treatment (treatment that occurred within ninety days of filing for disability) to make a disability determination. If not, they will schedule consultative examinations to provide the necessary medical status information.

The consultative exam, or social security medical exam, of course, serves in most cases simply to provide a small amount of recently dated medical information so that a case decision can be made. And this why most consultative examinations that claimants are sent to by Disability Determination Services are little more than short physical exams. However, in cases involving mental conditions, a CE will often entail much more such as psychological IQ testing, or a full psychiatric evaluation.

Once a CE has been performed by an independent physician or psychologist, the report of the CE findings are sent to the examiner who scheduled the exam.

Decisions made by DDS

After the examiner has determined that they do have enough medical information, the claim can be decided. In a sense, the examiner renders the decision autonomously. However, in actuality, the examiner works in a team that involves a medical consultant (an M.D. physician) and a psycholgical consultant (a Ph.D. psychologist), as well as a case consultant (basically, the assistant supervisor in the examiner's case processing unit).

The decision that is made by the examiner will be based on the medical evidence and vocational information (work history). In the case of children filing for disability, vocational information is not used and the examiner will rely on school records, questionaires from the child's teacher or teachers, and reports of academic and IQ testing.

For adults, the primary consideration is whether or not the individual will be able to return to work activity, either their past work or some type of other work. For children who are filing for disability, the primary consideration is whether or not the child can engage in age-appropriate activities.

Once the evaluation is completed, of course, the disability claim will be approved or denied by the disability examiner. If the disability claim is denied, a decisional notice is automatically generated and mailed to the disability claimant.

However, if the disability claim is approved, allowing the claimant to qualify for disability benefits, the file is sent back to the disability claimant’s local Social Security office for adjudication. Once all issues have been addressed, Social Security will send the disability claimant a formal disability award letter.

12/19/2017

We wanted to wish everyone a Merry Christmas, Happy Hanukkah, Happy Holidays and a Happy New Year. The office will be closed on Christmas Day and the 26th and will reopen on the 27th. It has been our pleasure to serve you this past year and we look forward to assisting you in 2018. The office will also be closed for January 1 and 2 of the New Year.

Address

8777 San Jose Boulevard
Jacksonville, FL
32217

Opening Hours

Monday 9am - 5pm
Tuesday 9am - 5pm
Wednesday 9am - 5pm
Thursday 9am - 5pm
Friday 9am - 5pm

Telephone

+19044437770

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