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National Organization of Social Security Claimants’ Representatives

Final Regulations:
“Disability Service Improvement” - DSI

Latest page update: 12/3/2006

The Federal Register for March 31, 2006, included the final regulations for the Commissioner's "new approach" to initial disability claims under Titles II and XVI, dubbed "Disability Service Improvement" or DSI.

The key features of the new regulations include elimination of the Appeals Council and claimant-initiated administrative appeals from unfavorable ALJ decisions, a federal Reviewing Official to replace the current state agency reconsideration step, centralization of medical and vocational expertise, closing the administrative record after the ALJ decision, and curtailment of reopening determinations based on new and material evidence or which are incorrect.

These new regulations governing the appeal of denied initial claims are in a new Part 405 of Title 20 of the Code of Federal Regulations. They are effective August 1, 2006, and will apply only to initial disability applications filed on or after that date in SSA Region I states: Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. Note that the existing appeal regulations in Parts 404 and 416 will remain in force in all other areas of the country for disability claims. The existing appeal regulations also will apply in Region I states to cessation appeals (CDRs) and to all nondisability issues. Note that if a claimant moves, the claim will be governed by the process under which the application was filed.

The new process will be put in place gradually. It is expected that DSI will apply in Region I for at least one year. Other regions will not be added until at least after that time.

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