Skip to main content

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.

________________

 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. 

Comments

Post a Comment

Popular posts from this blog

MEETING SOCIAL SECURITY'S DURATION REQUIREMENT FOR DISABILITY

SSDI, or Social Security Disability Insurance, requires a severe impairment which has lasted for at least 12 straight months, is expected to last at least 12 straight months OR is expected to end in death. This 12 consecutive months requirement is called the "Duration Requirement."  Disabilities with a duration of less than 1 year are not covered under the Social Security Act. You do not have to wait 12 months to file a claim. There is no requirement to wait 12 months to file.  But if your disability has not already last for at least 12 months, the nature of the impairment must be such that is can reasonably be expected to last 12 months or longer OR to end in death.  Short term impairments are not covered. What you will need to document for your medical and/or mental impairment(s):   A claimant will require objective medical proof.  This comes in the form of official medical records from doctors, clinics, hospitals, counselors, therapists and other professiona...
Post a Comment
Read more

SOCIAL SECURITY BENEFITS FOR DOWNS SYNDROME

Downs Syndrome may qualify for automatic SSI disability in children. A child with Translocation Syndrome or Trisomy 21 will usually be classified as disabled from birth. This type of syndrome affects about 98 percent of the Downs Syndrome population. Social Security will want a diagnosis from a medically acceptable source and they will want certain tests.Once the documentation is presented, an SSI award may be automatic.  Those with Mosaic Down syndrome may qualify, but your child would need more than a diagnosis to be approved. Because [according to SSA] people with Mosaic Down syndrome may not have as many intellectual or physical disabilities as those with other forms of Down syndrome, you’ll need to meet another listing in the Blue Book to qualify. Social Security will consider the complications or manifestations of Downs Syndrome in making a decision. If the claimant is a child (under 18), k eep in mind that SSI is a needs-based program for families with limited resources...
Post a Comment
Read more

A DISABILITY DENIAL IS NOT THE END OF YOUR CASE

By Charles W. Forsythe The Forsythe Firm Social Security denies a lot of applications.  It's expected.  But it's not the end. The good news is:  You can probably win your case on appeal and get paid benefits.  It just takes a bit longer. About 8 out of 10 new disability claims will be routinely denied.  So, it's rather unusual to be approved just by filing an application. An appeal sounds like a last resort or tricky legal maneuver.  It's really quite common--almost  normal--in a Social Security disability case. 8 out 10 claims will be appealed at least once, often twice, before they are paid. The process that pays Social Security disability is not the application, it's the appeal process. Many claimants who don't understand the importance of appeals give up after the first denial.  A serious mistake.  You odds get better in appeals. TIME LIMIT ON APPEALS.  All unfavorable Social Security decisions must be appealed within 60 days.  ...
Post a Comment
Read more