The Oklahoma Bar Journal October 2026

providers depending on the nature of the medical issues involved (such as a psychiatrist, neurologist, primary care provider, surgeon, etc.). If the claimant’s own medical sources cannot or will not provide sufficient medical evidence about their impairment, the disability examiner may order a physical or mental examination, typically called a consultative examination (CE), at the agency’s expense to be performed by a qualified medical source. 34 It is important that the claimant attend a CE scheduled by DDS because failure to attend without good cause may (and often does) result in a finding that the claimant is not disabled. INITIAL DETERMINATIONS AND RECONSIDERATION Once all the evidence, medi cal and otherwise, is in the file, the disability examiner, typically along with a state agency medical and/or psychological consultant, will decide the claim using the sequential evaluation process 35 and issue the initial determination with notice to the claimant. 36 If the claimant is found disabled and awarded benefits, the disability process is generally completed unless the claimant returns to work, is later found to have medical improvement, or another disquali fying event is found to exist. 37 If the application is denied at the initial level, the claimant may request reconsideration of the initial deter mination generally within 60 days after the date the determination notice is received, which is the first step in the administrative review process. 38 Timely reconsideration requests are typically granted. At reconsideration, a new disability examiner, typically along with a new state agency

SSA-827). The latter will allow the office to obtain copies of medical records from the claimant’s medi cal providers. Once the field office determines that the claimant meets the nonmedical requirements, the claim is forwarded to the state-level agency, Disability Determination Services (DDS), which the federal government funds, where a dis ability examiner will review all the evidence in the file and issue a determination following the regula tions under Title II and Title XVI. 33 The DDS level is where medical evidence begins to play a crucial role in the disability process because, as noted above, the agency requires objective medical evidence from an acceptable medical source and will not rely on the claimant’s allegation of symptoms, a diagno sis, or a medical opinion to find a claimant is disabled. The best source of medical evidence about the nature and severity of the claimant’s impairment(s) will be the claimant’s own medical sources who have evaluated, examined, or treated the claimant. The claim ant may have several healthcare

mental) limitations will be consid ered together to determine what the claimant is still able to do function ally. The grid rules (Tables 1, 2, and 3), which again consider the claim ant’s residual functional capacity, age, education, and PRW, are then used as a framework to determine if the claimant is disabled. 32 BEGINNING THE DISABILITY APPLICATION PROCESS To begin the disability process, an application must be submitted to the state-level local field office. This can be done by calling 1-800-772-1213 or by submitting an application online at www.ssa.gov/disability. The SSA is encouraging everyone to establish a mySSA.gov account, which provides access to services and forms and the ability to manage benefits online at any time. After the application is filed, the field office will call and interview the applicant and request certain documents be signed, such as a “Work History Report” (Form SSA-3369-BK) and an “Authorization to Disclose Information to the Social Security Administration” form (Form

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Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

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THE OKLAHOMA BAR JOURNAL