Skip to main content

MOST DISABILITY DECISIONS IN ALABAMA ARE INCORRECT

 Here's the honest truth:  Most of the decisions issued in Alabama about Social Security disability are wrong.  Not some, most.

That leads me to my premise:  Appeal first and ask questions later.

Well, maybe it's OK to ask a few questions first.

But ultimately, you probably won't get any benefits until you appeal. And probably you will have to appeal twice.

The first appeal, called "Reconsideration," is also denied in about 90 percent of cases.  The only reason to file for "Reconsideration" is to get to the next step, which is a hearing.

In the second appeal (your third action) you will take your case before a US Administrative Law Judge, who will hold a hearing, listen to all the evidence and give you a new decision. Your lawyer/advocate may attend the hearing and help you make your case.

Approximately one-half of the decisions that have been denied can be approved during a hearing.  

Unfortunately, many claimants give up after being denied the first time.  This is tragic.  The correct response to a denied application is:  Keep filing appeals until you get before a judge.

In most cases that I represent, a judge will award past due benefits dating back to the date of original disability or 12 months prior to the application date.

These national averages are shocking:

27%    Percentage of claims approved at the application level 

13%    Percentage of claims approved at Reconsideration

50%    Approximate percentage approved at hearings

For the absolute best chance of approval take your case to hearing before an Administrative Law Judge!

You may need some help with the appeal process.  The good news:  A  lawyer or advocate will not charge you a fee unless you get approved and receive your past due benefits! Keep fighting!

_______________

The Forsythe Firm:  Social Security Justice.  Call (256) 799-0297.

 


 


Comments

Popular posts from this blog

IS IT HARD TO GET SOCIAL SECURITY DISABILITY IN TENNESSEE?

  How hard is it to get Social Security disability (SSDI) in Tennessee? It can be very difficult.  In the beginning stages of the process, it seems like the agency is out to deny as many claims as possible.  Later--in the appeals process--it takes more technical and legal skill to move through the labyrinth of obstacles. What's the usual reason for an SSDI denial? If you look at all the denial letters, the most comm on reason given is:  You are not disabled according to our rules. The 2 main explanation for finding claimants not disabled are: 1.  You are able to perform some of your past relevant work. 2.  You can't perform any of your past work but you are able to do other work. Those are the two "catch all" reasons Social Security gives for nearly all of their denials.  Both of these reasons fall into the category of a medical denial .  The claimant's condition is not deemed severe enough to prevent all work. There are other reasons for d...

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...