TN 64 (09-09)

A. Policy

In an attempt to expedite disability determinations, an emergency clause exists allowing SSA and the State to enter into an agreement allowing OCO, DPB, or DQB to help process disability determinations when the Disability Determination Services (DDS) has large number of disability claims pending. The agreement specifies the effective period and the class or classes of cases the DDS may transfer.

B. Procedure for expediting cases under the emergency clause

OCO, DPB, or DQB make disability determinations for cases temporarily transferred by the State agency when SSA and DDS have an agreement.

1. DDS action

Transfer jurisdiction of those cases to OCO, DPB, or DQB. (OCO, DPB, or DQB retain jurisdiction until transfer of jurisdiction back to DDS.)

2. Field office (FO) actions

• Receive notification from the Regional Office when a State has such a temporary agreement with SSA.

• Transfer disability claims directly to OCO, DPB, or DQB.

• Enter "Emergency Clause case: (Name of DDS)" in the Remarks section of the transmittal form.

• For MSSICS or MCS claims, use Electronic Disability Collect System (EDCS) to transmit the case For MSSICS or MCS claims,

• For non-MSSICS or non-MCS claims, use the SSA-831, Disability Determination and Transmittal form.

NOTE: This rule also applies to CDR actions and other cases specified by the agreement.

Reference:

DI 11010.290, Transferring Emergency Clause Cases by Disability Determination (DDS) to Office of Disability Operations (ODO), Flexible Disability Unit (FDU), or Program Service Center/Disability Processing Branch (PSC/DPB) for claims having Title II involvement.