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

Post a Comment

Popular posts from this blog

MOST IMPORTANT FACTORS IN A SOCIAL SECURITY DISABILITY CASE

What are the top 3 most important factors in a Social Security disability case? 1.  Medical Evidence. 2.  Medical Evidence 3.  Medical Evidence 4-10     Medical Evidence Federal regulations set the eligibility requirements for Social Security disability (SSDI) benefits.  A claimant must meet these strict legal requirements More than anything else, the claimant's medical evidence will determine the outcome of the claim or appeal.  Without strong objective medical evidence Social Security cannot legally pay you a benefit. Objective Medical Evidence means the result of medical examinations, laboratory tests or imaging studies (X-rays, PT scans, MRI or CT scans). This type of evidence can only be obtained by going to your doctor. There's an old adage that says truthfully:  "The path to Social Security disability benefits runs straight through your doctor's office."  Being approved for an SSDI benefit requires objective medical proof. ...
Post a Comment
Read more

SOCIAL SECRITY DISABILITY: THE DECISION WRITING PROCESS

  By Charles W. Forsythe - The Forsythe Firm in Huntsville An Administrative Law Judge (ALJ) has made a decision on your Social Security disability appeal hearing. The decision must now be sent to to a process called "Decision Writing" - where an attorney or paralegal will draft the formal binding decision, explaining the judge's legal rationale for the decision and explaining the mandatory 5-Step decision making process. The decision writing process translates a judge's ruling into a formal, legally binding document. It is a vital but time-consuming phase that ensures all medical evidence and vocational factors align with the law. A typical written decision will be 10 to 20 pages, thus very detailed.  It takes time to write one. There are many decisions ahead of yours and usually they are written in the order received. The step-by-step process breaks down as follows: The Judge’s Ruling & Instructions:  Following your hearing, the Administrative Law Judge (ALJ) r...
Post a Comment
Read more

UNDERSTANDING THE 5-STEP SOCIAL SECURITY DISABILITY PROCESS

Receiving Social Security disability payments depend on one thing:  Proving that you are not able to work. The one and only thing that SSDI pays for is the physical and/or mental inability to work for a period of at least 12 months.  Who decides if you are able to work?  The Social Security Administration (SSA) will decide.--according to their own strict rules and regulations. In reaching that important decision, are you disabled or not, Social Security must use a 5-step examination process.  It's important to understand these 5 sequential steps. STEP 1:  The work Test .  Is the claimant now engaged in Substantial Gainful Activity (SGA)?  If yes, the claim is denied at Step 1.  They look no further.  You cannot be eligible for SSDI benefits if you are working at SGA, regardles of your medical condition.  (In 2026 you are working at SGA if you earn at least $1,690 per month from work or self-employment). STEP 2.  The Medical Requirem...
Post a Comment
Read more