Skip to main content

DISABILITY APPEALS: FRUSTRATING BUT FERTILE

It's a fact:  Most disability cases are won in the appeals, not in the earlier application stage. Call us for help. (256) 799-0297.

A client came to me in 2021 after he had been denied three times!  He had been denied in 2019, filed an appeal and was denied again.  In early 2022, this man filed a new claim, which was denied.  I filed an appeal for him in March of 2022.  It was denied.  The claimant was ready to give up and quit. At that point, I asked for a hearing before a federal administrative law judge (ALJ)--the next allowable step in the appeal process.

At the hearing in early 2023, the judge listened to the evidence and issued a new decision:  The ALJ found that my client had been disabled ever since 2021and issued back pay all the way back to February, 2021. 

The point is this:  Social Security will often resist paying legitimate claims and you must persist through the entire process to win and get paid!

-----

A military veteran came to me after being denied four times by Social Security.  Finally, we went before a judge who heard the case and allowed benefits all the way back to 2018.  This involved reopening two earlier cases that had been repeatedly denied and finding that in each case, the claimant had really been disabled the entire time.  There was a huge back pay settlement.

Social Security has been called a "denial machine."  When in doubt, they deny.  In fact, in the first stage of the disability application process, the government will deny 72 percent of new claims.  A majority of these claims can be won with carefully prepared appeals. 

I realize, of course, that it is frustrating and difficult to be denied over and over for benefits that you deserve and need to support your family.  But giving up is not the answer.

The Forsythe Firm may be able to get your denials reversed and to recover months or years of back pay which you were improperly denied. 

One of my clients recently recovered just over $100,000 in back pay.  He was also awarded approximately $3,300 per month in ongoing benefits. Between now and his retirement age, Social Security will pay him slightly more than one million dollars!

The process is frustrating for sure, but appeals are fertile ground--where benefits get paid and families get spared financial ruin.

Contact the Forsythe Firm in Huntsville to explore ways of getting your disability case paid--even if you have been denied one or more times. You have nothing to lose.  If you don't win and recover past due benefits, you will never be asked to pay us a fee.  We guarantee that and we put it in writing!

___________

THE FORSYTHE FIRM in Huntsville, AL.  Social Security disability specialists.  Free consultation.  Pay no fee unless you win and recover your past due payments from Social Security! (256) 799-0297.


 

Comments

Popular posts from this blog

WHAT YOU WILL BE ASKED AT A DISABILITY HEARING

Most Social Security disability claims will be denied twice:  First at the end of the Application process, and again after the "Reconsideration" process.  The third stop will be a hearing before a federal Administrative Law Judge (ALJ). It is here at the hearing level that most SSDI claims are paid.  So, what do you need to know about your Social Security disability hearing?     First, the judge will follow the rules established by the Social Security Administration.  His or her job is to determine whether you meet the particular laws and rules to receive disability payments.  So, it is a legal proceeding where you must prove certain things in order to get paid. Among the things you must prove:  Your insured status with Social Security:  You have worked recently enough and paid into the Social Security trust fund to gain the required "work credits" to support your claim.  You have a severe medical or mental impairment supported by adequa...

CAN YOU WIN YOUR DISABILITY APPEAL WITHOUT A LAWYER?

The Social Security Administration does not require you to have a lawyer to file an appeal or to appear at a hearing.  However, most people heading for a disability hearing will hire a lawyer or advocate to help them.   Studies have shown that you are about twice as likely to win with a lawyer.  A recent study found that claimants with no lawyer win about 30 percent of the time while claimants with a lawyer or advocate win 60 percent of the time.   " He just cooked his own goose." These statistics cover only one aspect of a disability appear--your odds of winning. The other important aspects are time and convenience. If you prepare and adjudicate your own disability appeal, expect to spend 12 to 24 months working on the case.  You will be collecting, reading and submitting hundreds or thousands of pages of medical records.  These records are complex and often difficult to understand.  And you must know how each medical record helps (or hurts) your dis...

MISTAKES THAT RUIN A SOCIAL SECURITY DISABILITY APPLICATION

MISTAKES THAT RUIN A SOCIAL SECURITY DISABILITY APPLICATION  The paperwork for Social Security disability is daunting:  page after page of never-ending questions.  But, since most applications will be denied, it behooves you to complete the application correctly.  Here are some mistakes on your Social Security disability application that may ruin your claim.   Failing to Fill Out the Forms —The Social Security Administration (SSA) will send you a lot of forms to fill out. It’s up to you to make sure that you fill out every part of those forms correctly.  Don’t forget: if a question doesn’t apply to you, put “not applicable” or “N/A” in the provided space.   Do not leave anything blank. Return all forms within 10 days. If you don't your application may be discarded or withdrawn. Writing Illegibly —If your case reviewer can’t read your answers, then he/she can’t really say that you answered that question. Be sure the  answers to questions are nea...