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A year for an initial determination

By Gordon Gates on April 14, 2025
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I have a client with a claim for disability benefits that has been pending at the initial level of review for over 365 days. That is just too long.

This client applied online with me in my office, on April 10, 2024. The claim was sent to DDS on June 7th. After 3 months in “staging,” DDS assigned a disability adjudicator on September 3, 2024. It has been awaiting a determination since.

All forms were promptly completed. Medical records were promptly ordered and received by DDS, and we supplied some older medical records. A physical consultative exam was scheduled; that delayed the claim by 10 weeks, due to scheduling lead time and then waiting for the CE report. Since then, the claim has been in the queue waiting or medical review for over two months and counting.

4/25/2025 Update: At the national NOSSCR conference, it was noted that there is a Social Security regulation that sets targets for DDS review times for initial disability claims. The processing target level for state agency review of initial Title II disability claims is 37 days. See 20 C.F.R. 404.1642(b)(1).

4/30/2025 Update: An initial determination has been made.

Photo of Gordon Gates Gordon Gates

Gordon Gates specializes in Social Security disability law, and he handles claims at every level of the Social Security disability claim process. He assists clients with initial applications for disability benefits, with appeals of denied claims, and with hearings by an administrative law…

Gordon Gates specializes in Social Security disability law, and he handles claims at every level of the Social Security disability claim process. He assists clients with initial applications for disability benefits, with appeals of denied claims, and with hearings by an administrative law judge.

Gordon has successfully appealed unfavorable administrative law judge decisions the Social Security Appeals Council and to U.S. District Court (District of Maine) to have those claims remanded for new hearings.

Gordon attended Maine Maritime Academy and Tulane University Law School. At Tulane, he served as Senior Articles Editor of the Tulane Law Review and graduated magna cum laude. He was admitted to practice law in Maine in 1991. Since 2005, he has concentrated his law practice on Social Security disability and SSI cases.

Gordon is the publisher of Social Security Disability Lawyer, a nationally-read legal blog. He presented at the Fall 2010 conference of National Organization of Social Security Claimants’ Representatives (NOSSCR) on the topic of Writing Hearing Briefs for the ALJ.

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  • Posted in:
    Financial
  • Blog:
    Social Security Disability Lawyer Blog
  • Organization:
    Law Offices of Gordon Gates
  • Article: View Original Source

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