Can You Request a Different Disability Claims Examiner?

You may have heard that the process of getting approved for Social Security is long and complicated, and that you are likely to have your request for benefits denied at least once. Can you request a different disability claims examiner if the process is taking too long or if you do get denied?

Disability Claims Examiner

When you first submit your application, Social Security examines your file to make sure you meet their financial eligibility requirements.

• For Social Security Disability Insurance (SSDI) benefits you have to meet minimum requirements for length of time working at a job where you paid your Social Security taxes
• For Supplemental Security Income (SSI) benefits you cannot exceed certain income and other financial resource requirements
• For SSDI and SSI your current work activity is checked

After this point, if you pass the financial eligibility requirements, your file is sent to a Disability Determination Services office, which is a state agency. All states have at least one DDS office and some larger states have several. The Disability Claims Examiner works at the state DDS office and evaluates your file to see if you meet the medical requirements for disability benefits, and then makes a recommendation as to whether or not you should receive disability benefits.

You cannot request a different initial Disability Claims Examiner, however if your request for benefits is denied you may make a request for Reconsideration.

Reconsideration

A Reconsideration Determination is your opportunity to have a completely different Disability Claims Examiner review your file, plus you can supply updated information about your condition, recent doctor visits, hospitalizations or treatments that may be pertinent to your case. This second Disability Claims Examiner did not participate at all in your initial claim and had nothing to do with your denial. It is an opportunity to have a fresh set of eyes determine if you are eligible for disability benefits.

Get Legal Help

You will do yourself a favor if you hire an experienced disability attorney to help you file your initial claim, and help make sure your application is complete and accurate. This will save time and ensure the examiner has all the facts about your case.