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

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...

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...

WHAT TYPE OF DENIALS DOES SOCIAL SECURITY ISSUE?

In Social Security disability, the most common denials are medical denials.  This means that Social Security doesn't believe the medical evidence in your case meets the exacting standards for an award of disability.  There are technically two kinds of medical denials: 1.  You are able to perform some of your past relevant work.  They have looked at your work history for the past 15 years and judged that your medical conditions permit you to perform one or more of your past jobs.  This is what we call a "Step 4 denial." 2.  You are not able to perform any of your past work - but there is other work in the national economy that you are able to do.  This is called a "Step 5 denial" because it occurs at the 5th and final "step" in the decision making process. There are other types of denials, not nearly as common as the two above.  We sometimes think of these as "automatic" denials or "technical denials."  They are not medical decisions...