Once again, SSA has released extensive paperwork describing substantial changes to the disability process.  One of the biggest changes is a new procedure for appeals from unfavorable hearing decisions.  Currently, a claimant who receives an unfavorable hearing decision must appeal to the Appeals Council.  Under the new rules, the Appeals Council is eliminated and appeals would be filed directly to federal court.

The new process also revives an old idea – the use of an Adjudication Officer (now called a Reviewing Officer).  Under the new system, if a claim is denied by the State Agency, it is reviewed by the Reviewing Officer.  The Reviewing Officer therefore becomes the decision maker in what we now call “Reconsideration.”  If the RO denies the claim, it goes to hearing (like it does now).

The most ambitious part of the new process are the proposed time frames.  The RO is supposed to make its decision within 90 days of receipt of appeal and the hearing office is supposed to schedule a hearing within 90 days of receipt of a hearing request.  This expedited procedure will certainly be a neat trick as we are now seeing delays of two years or longer from the time a hearing is requested until hearings are actually scheduled.   You can read more about the new disability adjudication process here.
I recently appeared with a client at a video hearing in a case that had been sent from one of the Atlanta hearing offices to an out-of-State judge.  At the beginning of the hearing, the judge told me that he had not had a chance to look at the file and he expressed frustration that he had been given all these Atlanta files along with pressure to hold hearings and issue decisions quickly.

Although this new “streamlined” SSDI decision making process will be rolled out slowly over the next few years, I expect that we will see more and more cases where judges are being pressured to preside over cases they have not reviewed prior to the hearings.

As a claimant’s attorney, I see this pressure on the judges as an opportunity to serve my clients by making sure that the record is updated and by organizing and presenting evidence prior to the hearing.  It would appear to me that this new process will make life even more difficult for unrepresented claimants who will have no idea about how to present their cases to time pressed and frustrated judges.