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Old 06-13-2008, 08:43 AM   #1
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Who actually makes the decision?

Who decides if you are disabled? Is it the disability determination claims adjudicator,the local office, or is it the medical review doctors. I've been dealing only with the disability claim adjudicator who has told me many times that she doesn't see a problem with my husbands case and was just wondering who really determines the case.

 
Old 06-13-2008, 02:14 PM   #2
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Re: Who actually makes the decision?

I'm pretty sure it's the judge

 
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Old 06-13-2008, 03:23 PM   #3
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Re: Who actually makes the decision?

Hi

I believe it depends on where you are in the process as to who decides.

At the initial stage, my understanding is that after you file with your local office, it goes to your state's office. The adjudicator there makes the decision, using doctors imput if necessary. (Like i had to have a mental evaluation because my therapist is not a psychiatrist and the rules demand a doctor's signature on a psych evaluation).

Some states have an appeal step which takes place in the same state office, but with a higher Level 2 Disbility Examiner. Some states have eliminated this step.

Depending on your state, if you are denied at the first level(s), it then goes to a court where a federal judge decides it and that seems to be where it can take months and even years for some. Bah!

Just an aside, my caseworker (adjudicator) also said along the way that she saw no problem with my case and I was approved in 45 days or so. Shw was very helpful in telling me that all my doctors had replied and that the only missing piece was the psych exam that was mandated. She was actually very kind and even said with compassion not to worry about the exam as it was not going to do anything but help me, not hurt me.

Wishing you well
reach

 
Old 06-13-2008, 11:23 PM   #4
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Smile Re: Who actually makes the decision?

Quote:
Originally Posted by glasson92 View Post
Who decides if you are disabled? Is it the disability determination claims adjudicator,the local office, or is it the medical review doctors. I've been dealing only with the disability claim adjudicator who has told me many times that she doesn't see a problem with my husbands case and was just wondering who really determines the case.
Hi Glasson,

At the initial stage, a team of 3-4 people decide your case, a doctor, 2-3 experinced caseworkers etc. from what I understand. Lots of reading involved withall the medical documents turned in. I think its a bit easier if you ailment is listed in their LIST of kown diseases.

Vergie

 
Old 06-14-2008, 08:11 AM   #5
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deltaelise HB User
Re: Who actually makes the decision?

My lawyers told me the reason most people are not told of their decision status is because the judge can change their mind at the final signing so I am guessing even though all these other people mess around with our cases during the process, it would be the judge who has the final decision if one gets disability or not
I wish we knew the answers, it might make the waiting easier

 
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