Processing disability applications with the Railroad Retirement Board (RRB)

It is not a secret that the RRB takes a long time to process disability retirement benefit applications for railroad workers who are unable to work because of health conditions.

The RRB represents that in 2024, “the average processing time was 444.2 days.”

It is worth noting the date the RRB starts the clock.

The RRB does not start counting days until the complete application package is received. A disabled railroad worker can call the RRB to start the application process. The RRB provides a package of documents to be completed and submitted, together with a list of required identification documents. It is common for the RRB to return application documents that are not properly completed and have to be resubmitted.

Once the RRB has a properly completed set of application documents and the identification documents – the “processing time” starts.

The “averaging processing time” is an average. Applications take longer than the “average” for a determination.

The RRB is understaffed and underfunded. RRB representatives are diligent, knowledgeable – and overwhelmed.

Federal government employees

Not all federal agencies process disability retirement applications in the same manner.

I have represented many disabled federal workers over the years who work for different agencies. The instructions provided by the Office of Personnel Management (OPM) provide one standard procedure to apply for disability retirement. Each federal agency has internal practices on completing the government portion of the application documents. It is not always obvious or easy to make a connection with the proper federal agency employee who will complete the government portion of the application documents. It is not necessarily the immediate supervisor of the disabled applicant.

Patience and diligence are required to get the application documents to the OPM in a timely manner. Even then, the time to make a decision on the application can take many months – or longer.

Social Security Administration

America has a new president and a new Acting Commissioner of the Social Security Administration (SSA). Congress has not voted on the nomination for the proposed Commissioner. In the meantime – news stories include many claims of wasted and improper payment of money from the U. S. Treasury – including the SSA.

Acting Commissioner Leland Dudek issued the following statement, including:

• Our continuing priority is paying beneficiaries the right amount at the right time, and providing other critical services people rely on from us.
• DOGE personnel CANNOT make changes to agency systems, benefit payments, or other information. They only have READ access.
• DOGE personnel do not have access to data related to a court ordered temporary restraining order, current or future.
• DOGE personnel must follow the law and if they violate the law they will be referred to the Department of Justice for possible prosecution.

“I also want to acknowledge recent reporting about the number of people older than age 100 who may be receiving benefits from Social Security. The reported data are people in our records with a Social Security number who do not have a date of death associated with their record. These individuals are not necessarily receiving benefits.

I am confident that with DOGE’s help and the commitment of our executive team and workforce, that Social Security will continue to deliver for the American people.”

BurnettDriskill, Attorneys is a member of and a long time sustaining supporter of an organization comprised of attorneys and authorized representatives supporting disability applicants and beneficiary recipients before the Social Security Administration — the National Organization of Social Security Claimants’ Representatives (NOSSCR). NOSSCR has a long and positive relationship with Acting Commissioner Leland Dudek. We believe Mr. Dudek is capable and correct.

Additionally, there is no indication disability benefits are at risk by the present administration or Congress.