People’s Law Resource Center

A nonprofit organization serving the legal needs of the

people and communities in the Washington, DC area.

SSA’s “New Approach” to disability benefits:

Overview and commentary

August 1, 2006

             The Social Security Administration’s process for making disability determinations has long been considered slow and inefficient in spite of various attempts at reform over the past decade.  As of August 2006, the Social Security Administration (SSA), under Commissioner Jo Anne Barnhart, is beginning the implementation of a major overhaul of the disability determination process. The final regulation on changing the disability claims process, “Disability Service Improvement” (DSI) was published on March 31, 2006. 71 Fed. Reg. 16424. This publication follows almost two years of proposals and extensive public comments on the exact changes to be implemented, known as the “new approach.” The “new approach” will involve the creation of several new institutions and the replacement of some present process steps. 

             Some concerns of disabled people and disability advocates have been addressed during the public comment period for the regulations, while others have not. Although increased efficiency is one of the goals of the “new approach,” it is not clear that the changes will increase efficiency for most cases. The flexibility and informality of the process that unrepresented claimants depend on may be jeopardized by the increase in regimentation of the “new approach” and the quest for efficiency may undermine the rights of claimants to present evidence and appeal decisions. Also, the “new approach” is heavily dependent on an electronic Disability System (eDIB) to replace all paper records with electronic records. While eDIB has been expanded widely in the past two years, its implementation is not complete.

             Click here to view the complete overview and commentary.  PLRC thanks our summer law student intern, Jeff Senter, for his work on this document.