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THE SOCIAL SECURITY DISABILITY PROCESS: FRUSTRATING & CONFUSING

 


If you suddenly become disabled and need to collect Social Security disability insurance (SSDI), be prepared for a long wait and a difficult fight.  Social Security denies over 75 percent of claims after an average wait of 10 to 12 months.

 Here is the usual process for a Social Security disability application:

Step 1:  The application.  The wait to get your application reviewed can be 12 months or longer.  That's because up to 1 to 2 million people file disability applications each year.

Step 2:  Reconsideration.  The first appeal for a denied claim is called "Reconsideration."  Your application goes back to the same overwhelmed state agency that denied it in the first place.  The denial rate for "Reconsideration" is near 90 percent.  And this process can take 12 to 18 months, or longer in some cases.

Step 3:  Hearing.  Your case next goes before an Administrative Law Judge (ALJ) for a hearing.  You and your representative will appear at the hearing.  You will give testimony about your disability and your representative will ask pertinent questions to help present your case.  Your representative will also be able to question the government's experts who appear at the hearing.  The hearing is the most effective and productive part of the process.

After the hearing, you may still have to wait 30 to 90 days to receive your decision.  A judge may have to read thousands of pages of medical records on a single case.  Then, once a decision has been made, your case will be sent to a decision writer to draft the legal decision.   

Hiring an attorney-advocate to represent you usually does not speed up the time it takes to get a decision.  However, it does increase your chance for a favorable decision.  A 2017 study by the Government Accounting Office (GAO) found that 60 percent of claimants represented by an advocate received favorable decisions, while only 30 percent of unrepresented claimants got favorable decisions.

Can a Representative Charge You a Fee if You Don't Win?

NO .  Social Security rules only permit representatives to charge a fee when (1) There is a favorable decision, and (2) There is past a due benefit awarded to the claimant.  If you lose your case, or if you win without any past due payment, you cannot be charged a fee by the representative or attorney.

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 The Forsythe Firm has spent decades helping claimants with Social Security disability claims and has recovered millions of dollars in benefits.  They know the law, the rules and the requirements for getting an award of benefits.  Located in the prestigeous Bridge Street sector of Huntsville, the firm offers FREE consultations and evaluations. call the Forsythe Firm at (256) 799-0297. 

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