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GAO-09-183R 1 (2009-01-09)

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T  I M Accountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548




        January 9, 2009

        The Honorable Michael J. Astrue
        Commissioner
        Social Security Administration

        Subject: Social Security Disability: Improving Notices to Denied Claimants

        Dear Commissioner Astrue:

        On December 17, 2008, we issued a report concerning our findings on the Social
        Security Administration's (SSA) collection of medical evidence in the disability
        determination process.' In the course of our review, an issue arose that was outside
        the scope of our work but is important to how SSA communicates its disability
        determinations to claimants. During this review, we examined a limited random
        selection of electronic folders for initial disability determinations for fiscal year
        2007. The folders included notices sent to each denied claimant to explain the
        reasons for the denial of their claim and the evidence used to make the
        determination.2 Our findings related to these notices and current SSA policy
        regarding them is the subject of this report. This report also contains a
        recommendation that warrants SSA management's consideration.

        Results in Brief

        Notices sent to denied claimants may provide inconsistent and sometimes
        misleading information about the evidence obtained. Our review of a sample of
        electronic folders with initial determinations revealed, in some cases, that notices
        provided claimants with a confusing list of reports from medical sources that did
        not clearly indicate the medical evidence the Disability Determination Services
        (DDS) used to reach its determination. In response to DDS requests for medical
        records, some providers responded that they have no records, either for the
        individual or the period in question. In some cases, the notice sent to these
        claimants may include only those providers who actually submitted medical
        records. However, some notices include all providers who responded to the
        medical records request. By also including those providers who responded that

        'GAO, Social Security Disability: Collection of Medical Evidence Could Be Improved with
        Evaluation to Identify Promising Collection Practices, GAO-09-149 (Washington, D.C.: Dec. 17,
        2008).
        2The folders for initial determinations we reviewed included notices identified as personal decision
        notice or notice of disapproved claim.


GAO-09-183R Social Security Disability


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