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USUAL STEPS IN SOCIAL SECURITY DISABILITY - WHAT HAPPENS IN MOST CASES?

You suddenly have a long term medical emergency caused either by disease or by an accident.  You cannot work for a year or longer and you need disability benefits now to support your family and pay your bills.  You apply for Social Security Disability Insurance (SSDI) benefits.

Unfortunately, unless you have one of the few catastrophic illnesses which pay benefits quickly, you have a long road ahead of you.  Here are the usual steps that Social Security will want you to take, in order.

1.  APPLICATION.  You file a complicated application which details why you think you are disabled.  It will take up to 12 months or longer for this application to process.  There is a high probability the application will be denied because:  "You are not disabled under our rules."

2.  "RECONSIDERATION."  You appeal and your claim goes back to the same agency which just denied it.  They will take up to 12 to 18 months to review their decision.  There is a 90 percent chance of another denial.  You seldom get relief at this step.

3.  HEARING.  When you appeal denial at "Reconsideration," your case goes to a federal Administrative Law Judge (ALJ) who will schedule a hearing.  It may take 5 to 8 months to get a hearing scheduled.  However, you will have about a 50/50 chance of approval at the hearing. (Better chance with some judges, less chance with other judges). In fact, most SSDI claims that get approved today are approved at hearings.  At the hearing, the judge may correct all the errors that Social Security made during the Application and "Reconsideration" stages of your claim.  You may receive a lump sum payment of past due benefits along with the monthly benefit you are entitled to.  You will also receive Medicare medical benefits (after a certain waiting period).

What's the point of all this?  I want to let you know that SSDI is usually not a quick or easy path.  And you must appeal and appeal until you get before a judge to have much real chance of success.

 Since an SSDI hearing is a complicated legal procedure, you will want an excellent attorney or Social Security advocate to help you. You should never appear before a judge alone because so MANY things can go wrong.

For a free consultation and case evaluation, call the specialists at the Forsythe Firm in Huntsville.  Social Security disability is all we do.  And we will never charge a fee unless you WIN your case and also collect BACK PAY.  There is no risk for our representation.

Call the Forsythe Firm at (256) 799-0297.

We're right here in Huntsville--across from the Bridge Street. 

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