It would be 2016, two years later, that she was granted benefits by an administrative judge. A Social Security administrative judge was required to hear her appeal (the third stage of appeal after reconsideration and initial claim). After being denied on three different initial applications, she finally used her right to appeal on the third. She had to use a rollator to enter the courtroom. Evans claimed that the judge looked at Evans and said, “I am so sorry this has happened and no one has been paying attention.” According to data from the Atlanta Regional Office for the Social Security Administration, Mississippi has the lowest rate for allowances for initial claims or reconsiderations. The 100 percent federally funded state agency that reviews claims for medical eligibility, Mississippi Disability Determination Services, allowed three out of every ten initial claims. Only six of 100 reconsideration claims were approved in fiscal 2019. According to Patti Patterson (regional communication director at the Social Security Administration’s Atlanta office), Mississippi processed 38.884 initial claims, and 12,815 reconsiderations, for children and adults applying for Social Security Disability Insurance or Supplemental Security Income. In addition, the agency handled 12,218 continuing disabilities reviews (CDR’s), in which cases are reviewed to determine if claimants are still disabled. Susan Hammett, who retired in 2015 as the Mississippi DDS unit supervisor, stated that the allowance rates for the Southeast region were often lower than those for other parts of the country for most of her 36-year tenure with the agency. Hammett stated that it appeared that the rates in the Northeast, Northwest, and Midwest were higher when she left. She also recalled that certain regions had allowance rates up to 40%. The processing time Mississippi takes to process claims is longer than what SSA considers reasonable. On average, the SSA field offices take eight days to determine financial eligibility. However, the Mississippi DDS averages 76 days to make a medical determination. Officials from Mississippi DDS declined to comment. REPORT: Trump administration proposes Social Security rules changes that could result in the exclusion of thousands of disabled beneficiaries Hammett stated that Mississippi DDS had set a goal to take 60 days to process cases, which is approximately two months. In 2013, a new program was introduced that identified severe impairments such as cancers as “quick decisions” cases. These cases were expected to be processed in between 10 and 20 days. Hammett stated that Mississippi has a lower allowance rate because claimants are generally younger and have less severe impairments than other states. Because Social Security regulations presume that if a claimant is unable to perform their previous work, they can be retrained to work in another field. This applies to younger claimants who are often in their 20s or 30s. Because the impairment is minimally affecting their ability to work, claimants with less severe impairments will also be denied. Hammett stated that she saw claimants seeking benefits for allergies, low back pain and nonmalignant high bloodpressure, as well as early stages of diabetes and depression, when she was a caseworker. These impairments can prevent a claimant’s ability to continue their work, but they don’t prohibit them from doing other work. This is a crucial component of regulations that many people are not aware of. Hammett pointed out that Social Security regulations don’t take into account that the work the claimant might still be able to do in rural communities. Hammett stated that SSA only cares about whether you are physically able to perform the work and not if it is available. “So many people apply to benefits because they can’t find work.” The local Vocational Rehabilitation office can assist claimants who have been denied SSDI and SSI benefits. Anyone with an employment goal who has been denied benefits from the SSA can contact one of our vocational rehabilitation counselors at a local office to request services. Jan Schafter is the communications director at Mississippi Department of Rehabilitations Services. Although documentation is helpful, it does not always help. Hammett stated that DDS caseworkers should focus their efforts on claimants older than 50 years. The regulations will allow for more applicants with severe medical impairments based on their education, past work experience, and age. Evans was 44 when she called Social Security Hotline. She was then sent the necessary forms to complete before her case was transferred the Mississippi Disability Determination Services. This was to determine if Evans was eligible for benefits. Evans had 10 years of medical records from Jackson doctors who diagnosed her MS. Also, records for the places she was treated at Johns Hopkins Medical Center, Baltimore, Maryland. Evans stated that Evans thought the Jackson doctors might have been wrong. Hammett stated that many claimants come to SSA without any medical documentation. DDS will send them to a medical exam in these cases to assess the severity of their medical impairments, both mental and physical. The claimant can have the exam with their treating physician, or one of the doctors on the list who will see him for the fee DDS will cover for any necessary tests and exams. DDS has had to struggle for years to find doctors who will see patients for the amount DDS will cover, particularly in the case of neurologists or orthopedists. The SSA must follow up on any impairments discovered in a claimant’s medical records. This can sometimes increase the time it takes to file a disability claim. The nature of the impairment can also impact the time it takes to develop a disability claim. Hammett explained that if a claimant has recently suffered a stroke, heart attack, or other major surgery, then the case will be delayed for three months to assess how they recovered. Hammett stated that there are “many spokes to the wheel,” as Hammett put it. SSA didn’t provide numbers on the total number of Mississippi administrative law judges who handled cases in fiscal 2019, but it did state that 4,720 cases were handled at this level by SSA — roughly a third of the DDS reconsiderations. According to the data, Profiting from delays and denials in Tennessee. Tennessee ranks second in the list. A January 2019 investigative report published by the Tennessean newspaper, Nashville, found that the Tennessee Disability Determination Services rejected 72% of all claims. The national average of denials was 66%. According to the report, there were 50 doctors who reviewed applications for Tennesseans seeking disabilities. One of them was hired to quickly deny on average 80 percent. He has earned more than $2.2million since 2013. Evans retained a Social Security lawyer to assist her in appealing to the administrative judge. Hammett stated that claimants have the right to an authorized representative to assist them in pursuing their claim. However, it doesn’t have to be a lawyer. It can also be a former disability examiner or community advocate, or a disability rights advocate. Before a representative can be approved, the representation agreement must be filed with Social Security within 24 hours of the claimant signing it. The fee must also be collected from Social Security for managing the claim. According to the SSA website, a representative can receive 25 percent of a claimant’s back payment from Social Security. This amount can reach up to $6,000 If you are eligible, there may be organizations that can help you locate a representative. Some representatives don’t charge unless you receive benefits. According to ssa.gov, your Social Security office can provide a list of organizations that could help you locate a representative. Evans stated that she was surprised at the number of claimants who waited to see her in court to make their 2016 court appearance. Many were more mobile than Evans. She said, “I walked into the hearing and saw why it took so long — because so much people apply.” She sat on the Pearl couch, stating that she didn’t want disability claims and doesn’t feel disabled. “I wanted it over because I didn’t ask for it.” “Every single person with MS does whatever it takes to get things done.” What is her advice to people who are filing for disability? Evans stated that you should fill out all papers and make copies so DDS can get them from your doctor. Hammett shared the same view on how DDS could benefit from people helping. She said that most caseworkers (called examiners) handled approximately 125 cases at once in different stages of development while they were supervising them. Hammett stated that much of the success of a claim depends on their compliance and the assistance they receive from the medical community. Claimants can learn how their cases will be handled online by reading both the medical criteria and the vocational rules used by examiners to assess claims. Visit www.ssa.gov. Search for “listings”, in the search bar, to find out what impairments are considered to be disabling by Social Security. Also search for “vocational regulations” to see how past work, age and education could impact the decision to approve or deny their claims. Evans stated that many people don’t know how to handle a disability claim after being denied. Evans stated that many people give up and just give in. “And I’m just tough enough not to.”