1. United States
2. Fla.
3. Letter

The Florida Department of Health’s Division of Disability Determinations, a critical lifeline for disabled Floridians, is seriously underperforming. This underperformance has caused severe delays in the processing of Social Security Disability claims and, in some cases, has cost disabled citizens their lives and homes. Communication with the Division of Disability Determinations has become increasingly difficult. Follow-up calls to DDS examiners for case updates are frequently met with “voicemail box is full” messages. In many cases, no written correspondence is received from examiners, leaving claimants without fax numbers or mailing addresses. When fax numbers are available and documents are sent, responses are often not received. Additionally, hold times at local field offices have been reported to exceed 120 minutes, further delaying access to critical information. Like all state agencies responsible for making disability decisions for the SSA, the Division of Disability Determinations is federally funded. Federal regulations mandate minimum performance standards for both accuracy and timeliness. The maximum processing time threshold for Social Security Disability Insurance claims is 49.5 days (20 CFR § 404.1642). As of May 2024, the Florida Division of Disability Determinations’ average processing time was 292 days. When a state agency fails to meet minimum performance standards for two or more consecutive calendar quarters, SSA is required to provide performance support (20 CFR § 404.1650 and § 404.1661). If a state agency persistently fails to meet those standards, SSA is directed to assume partial or complete control of the agency’s disability determination functions (20 CFR § 404.1670). I am writing to ask for your help. Has Florida’s Division of Disability Determinations been provided with the required performance support? If support has been provided but remains ineffective, why has SSA not assumed direct control to enforce compliance with federal regulations? Disabled Floridians are living in limbo for years while awaiting decisions. Without income or the ability to earn a living, many are losing their homes. Others are unable to pay for essential medical care and are dying from lack of treatment. Still others have tragically taken their own lives after enduring years of hopeless delays. More must be done to protect the most vulnerable among us.