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STEPS TO TAKE AFTER A DISABILITY DENIAL

A denial of your Social Security disability application does NOT end your prospects of getting benefits.  In fact, it is the beginning of the most important process--the appeal.

You have filed for disability benefits which you desperately need.  You have filled out tons of forms and waited for months.  Finally, a denial letter arrives stating that "you are not eligible for benefits under our rules."  About 7 out of 10 applications will be denied, so it's all too common.

This letter can be extremely disappointing but it is only the beginning of the process to get your benefits.  There are important and vital steps that you must take right away.

STEP 1:  Within 60 days, file a written appeal with the Social Security office. Phone calls do not count.  This appeal will put into a stage called "Reconsideration."  Social Security will re-examine your claim to be sure their decision was correct.  This process may take a few months, but it keeps your claim alive and well.  The usual result here is another denial.  But don't despair, and don't quit.

STEP 2:  If your claim is denied at "Reconsideration," you have 60 days to file another appeal, asking for a hearing before an administrative law judge (ALJ).  This is the step that most likely gets benefits approved.  In fact, it is your best chance in the entire disability process. 

I can't emphasize how important it is to get your case in front of a judge.  These judges know Social Security law inside and out.  They are not bound by any of the errors made by Social Security up to this point.  The judge can listen to your testimony, review all your medical records and make a brand new decision.  Relatively few disability cases are approved without going to the ALJ hearing.  This is absolutely your best chance to be awarded benefits. But you only get one hearing.  Make the most of it.

Do you need a lawyer to go to the hearing with you?

While lawyers are not required for the hearing, one may be extremely helpful for several reasons:

  • Gathering additional evidence to support your claim
  • Preparing legal arguments to present to the judge 
  • Helping prepare you, the claimant, for the hearing
  • Handling witnesses that Social Security will call--a vocational expert (present at nearly all adult hearings) and possibly a medical expert or doctor. 
  • Deciding whether you, the claimant, need to call your own witnesses.
  • Dealing with technical or legal terms that crop up during the hearing, such as: Date Last Insured, Alleged Onset Date, etc.
  • Getting you the most back pay possible.

 Rest assured that Social Security will have its own expert(s) at the hearing.  You should probably have your own expert, too.

Your legal representative cannot charge you any fee (or expense) unless you win your case and collect past due benefits (back pay).  Even then, the amount of the fee will be limited by Social Security's rules.  

The main point of this post is:  Expect an initial denial or two but appeal and keep appealing until you get before a judge for a hearing.   

________________

The Forsythe Firm, Huntsville, AL.  (256) 799-0297.  Free Consultation. 

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