It is not a secret to anyone that I have been fairly disgusted with how the Department of Social Services ("DSS") has been handling cases at the initial application and reconsideration levels of the Social Security Disability Insurance/ Supplemental Security Income process over the last 5 or 6 years. It isn't just my frustration at the timeframes or the fact that I feel the Social Security Administration ("SSA") gets unfairly blamed for some of DSS's failures.
My biggest beef is that DSS has increasingly hired vendors (or mills that find desperate prostitutes....sorry that was a typo.....I meant providers :) to perform consultative examinations on my clients that are neither thorough or fair. In California, the consultative examiner ("CE") habitually will examine my clients for less than 10 to 15 minutes. These CEs do not review any medical records because DSS has stopped supplying them with my clients' records. Yet, these CEs issue unfounded and unsupported reports saying my clients can work.
Keep in mind, I am a boutique firm. I do not handle more than 50 claims at a time and I personally review each client's evidence before retaining the client. I only represent people who truly meet SSA's definition of disability. I view myself as a steward of taxpayers' money, so the last thing I would ever do is represent someone that I do not think was disabled. Most of my day is spent telling people, "No" when asked to represent them because SSA has a very hard standard of disability to meet.
Things at the Southern California DSS offices are pretty atrocious these days. Let me give you a prime example.....DSS frequently hires a specific neurologist to examine my clients who suffer from neurological disorders. She hasn't practiced medicine in years. This CE is LEGENDARY for how bad her reports are. Unfortunately, this CE also has obvious health problems of her own and it is quite clear that she is struggling to conduct these evaluations.
My client recently had to call me because this CE was sleeping in the exam room when he went in to be evaluated. The front desk told him this was "normal" and to "wake her up." The CE spoke to my client for 15 minutes, but couldn't examine him as she was unable to stand herself. This CE likes to issue reports for those with multiple sclerosis and Parkinson's disease claiming the clients do not need their prescribed walkers or wheelchairs, even though they are prescribed these assistive devices by some of the top neurologists in the United States out of places like UCLA and Cedars-Sinai. It is both offensive and insulting, as it implies my clients (and their doctors) are faking their inability to stand and walk. DSS/SSA takes these incomplete assessments from this CE and hangs their hats on these incomplete reports to deny my clients. That is what happened on this recent case in which the CE was passed out in the examination room.
This is the caliber of DSS development I am used to seeing in Southern California. I will say that the Northern California DSS offices are more professional than what we see in Southern California, but this is the norm in Southern California. However, I had a very surprising and delightful experience recently with DSS and I wonder if they are undergoing a makeover.
I have never seen this before, but one of my clients was assigned to DSS Stockton. Rather than be assigned to an analyst right away, my client's case went to a pre-development DSS team who seemed charged with gathering medical records and the initial claimant forms like work history and function reports. This took only about 30 to 45 days to process and then my client's file was sent to an analyst who was able to make a decision in about a week. We do not know if my client was awarded benefits yet, but the DSS explanation of the determination looks quite favorable. The case is back at the local SSA field office for processing.
I am wondering if DSS is finally revamping their broken system. This moved very smoothly and it looks like we are about to get a decision in less than 4 months. I have always said DSS needed to hire a bunch of Six Sigma Black Belts to update their archaic processes and to make them move more logically and smoothly. Maybe DSS has undergone a makeover or maybe this was just a unicorn of a situation and my hope will be foiled next month. Either way, I hope finding credible CEs is next on their agenda. Time will tell.
Got a question that you need answered? Please check out our website at www.westcoastdisability.com . We try to provide you with valuable information on our website that may help you navigate the Social Security Disability process. Also, feel free to shoot me an email at megan@westcoastdisability.com or call us at (800) 459-3017 x 101.
