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

RED FLAGS IN SOCIAL SECURITY DISABILITY CASES

  RED FLAGS IN A SOCIAL SECURITY DISABILITY CASE A red flag is something that causes concern or raises a problem in a Social Security disability case.   In short, it’s something that may get the claim denied or cause a big problem. Here are some of the red flags that we see crop up: ·          Work after the alleged onset date (AOD).   Since the process takes so long, many claimants feel that they are forced to return to work for income.   Social Security often sees this as a sign that the claimant is not disabled. ·          Severe substance abuse.   Chronic and frequent abuse of drugs or alcohol can pose problems. ·           A skimpy work record.   A claimant who has worked very little or has jumped from job to job frequently may not have good credibility. ·          Quitting wo...
Post a Comment
Read more

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...
Post a Comment
Read more

HOW TO COMPLETE A FUNCTION REPORT OR ACTIVITIES OF DAILY LIVING FORM

After you apply for Social Security Disability (SSDI), you will be sent a FUNCTION REPORT to fill out and return.  This form asks a lot of very detailed questions about your daily activities:  driving, cooking, cleaning, dressing, visiting others, hobbies, etc. The Social Security Administration will use your answers to determine whether you can work or not.  You must show on this Function Report that you have limitations that do not permit you to work a full-time job.  You do this by showing your limitations in activities of daily living. Your goal in the Function Report is to show the struggles and challenges you have with everyday life.  It may not be sufficient to answer a question with "Yes" and fail to explain. For example:  "Can you drive?"  If you answer "Yes," Social Security will assume that your ability to drive is unlimited:  you can drive anytime, anywhere and as often or as far as you want.  That may not be true and would need t...
Post a Comment
Read more