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Testing of alternative disability determination models extended

    The Social Security Administration (SSA) announced that it is extending the selection of cases for two alternative Social Security Disability benefits (SSD, SSDI) determination models. The models affected are the “single decisionmaker test” and the “prototype.” Testing will be extended from September 28, 2012 until no later than September 27, 2013 for both models.

    Current disability application and appeal process

    The current disability determination procedures create a seven-step application and appeal process. The first four steps are before the Social Security Administration and consist of the initial application for Social Security Disability benefits and three levels of administrative review for denied applications:

    • Initial application
    • Reconsideration (in almost all states)
    • Administrative Law Judge (ALJ) hearing
    • Appeals Council

    The Appeals Council is the final level of review before the SSA, and all subsequent appeals are handled in federal court. There are three levels of review in federal court:

    • Federal District Court
    • U.S. Court of Appeals
    • U.S. Supreme Court

    When reviewing Social Security Disability benefit appeals, federal courts look at whether the SSA’s decision is supported by substantial evidence and whether it acted according to law.

    Disability application and appeal process modifications under test models

    In the “single decisionmaker test” model, the disability examiner is given the authority, in most cases, to make the initial disability determination without first obtaining the signature of a medical or psychological consultant. This modification to the procedures has the potential of simplifying and expediting the initial application process.

    In the “prototype” model, the disability examiner is also given the authority to make initial disability determinations without the signature of a medical or psychological consultant but differs from the “single decision maker test” in the way disability denials are reviewed by the SSA. Under the “prototype” model, reconsideration – the first level of review – is eliminated from the administrative review process, meaning appeals will go straight to the Administrative Law Judge (ALJ) for a hearing. These tests seem to focus on speed as opposed to making accurate medically based decisions.

    By eliminating one level of review, the “prototype” model has the potential to expedite the appeals process, thereby saving time, money or both. However, at the reconsideration stage (which is a paper review), claimants are allowed to submit more evidence to supplement their initial application, creating a more fully developed record for the ALJ hearing, should the case proceed to that point. It remains to be seen how eliminating reconsideration may affect a claimant’s ability to obtain a successful appeal. Social Security has tested the elimination of the reconsideration level before in parts of the country with poor results.

    Securing the representation of a capable and knowledgeable Social Security Disability attorney to help shepherd a claim for disability benefits through the complex application and appeals process is often the best choice one can make. Experience shows that the earlier a representative gets involved, the greater the chance of success.

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    My experience with Jeffrey A Rabin has been very good.

    My approval of Social Security disability benefits came much quicker than I had expected. I first met with an associate on April 16, 2020 and we filed my application on May 21, 2020. My application was approved on August 3, 2020, only around a four month process. Even though we were at the beginning of this coronavirus outbreak when we started, it was easy to contact them and complete this process.

    David Janis

    Chicago, IL

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    Thank you so much for all you and the staff have done for me.

    It meant a lot to me every time I called and whoever I talked to knew all about my case. It was wonderful that I didn’t get pushed from one person to another. Your staff was always happy; they acted like they personally know me. But most of all I CAN’T BELIEVE HOW FAST YOU HAD MY CASE DONE. You and your staff really put a smile on my face. Thank you for doing what I couldn’t get done. Everyone will know Jeffrey A. Rabin & Associate

    Eric Morris

    Chicago, IL

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    This was an outstanding experience for me from my first appointment to the last.

    This Law Firm was very professional kind and considerate of me and my disability. They knew exactly what it was like for me in the real world and absolutely essential to help me explain that and my disability to the Social Security Administration. I definitely could not have done this without them and they have changed my life for the better forever. In my eyes they are the best social security disability law firm in Chicago and the suburbs.

    Steven Sidbeck

    Chicago, IL

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    I filed for my disability and got denied twice. So I decided that I needed help of a lawyer.

    I began to search and in the process of me searching I always look @ the reviews if I see more bad than good reviews I move on to the next, but not with these guys I didn’t they helped me thru the whole process and assured me if there was a problem or concern I had to reach out and they would help me anyway they could, I dealt with with a few ppl there in the office I must say from the receptionist down to the paralegals they are awesome...

    Danielle Sanders

    Chicago, IL

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    I wanted to say thank you for everything that you did for me, I greatly appreciate it.

    You believed in me when a lot and social security did not. I was a risk for you to pay for my medical records, not knowing if you would win, if I had not won you would have been out of a lot of money and time. I have known other attorney’s, and have worked with them in the past, but they are nothing like you! You are a very kind generous human being with compassion. I pray that God will bless you practice and make you very successful ...

    Patricia M.

    Chicago, IL

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