When you apply for disability, your claim is sent to a state agency that SSA hires to made the medical determination of  whether you are disabled. In many states this is called the Disability Determination Service,  DDS, while in Indiana the current name is the Disability Determination Bureau, DDB. It is these State workers that decide your claim.

The National Association of Disability Examiners, NADE, describes itself as:

a professional association whose purpose is to promote the art and science of disability evaluation. The majority of our members work in the state Disability Determination Service (DDS) agencies where 15,000+ employees adjudicate claims for Social Security and/or Supplemental Security Income (SSI) disability benefits. As such, our members constitute the “front lines” of disability evaluation.

A recent issue of The NADE Advocate, Volume 26, Number 1,  provides insight into why SSA may make the wrong decision in your case.

The growing complexity of the Social Security and SSI Disability Programs, coupled with the need to produce a huge volume of work, justifies even more the need for adequate resources in order to provide the service that the American public has come to expect and deserve from SSA. It takes an average of two years for a newly hired disability examiner to become fully trained and proficient to the point they can function independently and contribute to the process of making timely and accurate disability decisions. Thus, decisions not to replace productive personnel when they leave can take two or more years to correct even after new hires are made. NADE has long maintained that it is critical for SSA to be provided with the resources needed to hire and train new staff that can perform these duties. Low salaries, hiring restrictions and the stress of the job have contributed to high attrition (12.3%) in the DDSs. (Emphasis added)

Constantly having to replace 12.3% of the workforce and it taking two years before they can function independently, plus the stress of the job to get the work out fast, combined with low pay, may be a reason that DDB makes the wrong decision so many times.

The important point for you is that you should not be discouraged when your claim is turned down at the initial or reconsideration stages. With approximately 65% turned down on initial application and approximately  93%  turned down at Reconsideration,  you should take the steps necessary to increase your odds of winning. You will need an experienced attorney in Social Security claims to help you increase your odds in what NADE calls a “growing complexity of the Social Security and SSI Disability Programs.”

Unlike many attorneys, I will begin to help you with your case before your file your claim.  Read When Should I Hire An Attorney For My Disability Case? for my reasons why. What are you doing to increase your odds of winning?

Year                 Non-Blind                    Blind

2000                       $700                     $1,170

2001                       $740                     $1,240

2002                       $780                     $1,300

2003                       $800                     $1,330

2004                       $810                     $1,350

2005                       $830                     $1,380

2006                       $860                     $1,450

2007                       $900                     $1,500

2008                       $940                     $1,570

If you are self employed, the rules are much more complicated. These will be covered in a latter post.

If you are disabled and you have certain Impairment Related Work Expenses that cause you to be able to work,  you may be able to reduce the amount you earn each month by Impairment Related Work Expenses. In order for the expense to be an Impairment Related Work Expense (IRWE), the  expense must not be reimbursed, and must be related to your disability(ies) and needed in order for you to work.You may deduct your out-of-pocket expenses for items such as medicine, medical supplies, medical devices, service animals, and disposable items such as bandages and syringes when figuring the amount of your earned income.

You  may also be able to deduct your out-of-pocket expenses for medical services such as doctors visits and some attendant care services charged for preparing you for work, attending to you while you are at work, or getting you to and from work. You may also deduct certain out-of-pocket expenses for transportation and modifications to your home, car, or van to allow you to work.

There are other rules governing Substantial Gainful Activity that will be covered in latter posts. As with all things regarding Social Security Disability, you need to know all the facts and all of the rules before you can decide if you are engaged in Substantial Gainful Activity.