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HOW TO RESPOND TO A DENIED DISABILITY CLAIM

In 2024, the Social Security Administration will deny about 75 percent of new disability claims.  And they will deny around 85 percent of claims on Reconsideration (the first appeal). This is just what they do.  Denials are to be expected but not accepted.

I know, I know:  I've heard all the stories:  People get on disability benefits all the time who are healthy and have nothing wrong with them.  Just let me say:  I've heard all the stories and it may sometimes happen.  But I've never had a problem with individuals getting disability benefits who didn't deserve them.  What I experience is individuals who desperately deserve benefits but have to fight tooth and nail to get them.

  • So, if you are unfortunate enough to be denied for Social Security disability, how should you respond?  Here is the straight of it:

1.  Find out WHY you were denied.  Usually, it's because Social Security wasn't convinced that you have a severe impairment that qualifies under their rules.  There are both medical and non-medical reasons for denials.  If you get a medical denial, there's an excellent chance you could be approved on your second appeal (not much chance on your first appeal).

2.  Get a good disability advocate or lawyer to look at your case.  Being disabled is not enough to get benefits.  You must be "disabled according to our rules," says Social Security.  If you don't know those rules, then get someone who does. 

3.  Consider how to get your doctor involved in the process.  Your lawyer or advocate will advise you how to do this.  

Note:  There is a strict 60 day deadline to file a Social Security appeal.  If you miss the deadline, no matter what the reason, it will cost you time and money just to get back where you began.

More claims are approved at hearings than anywhere else.  The purpose of an appeal is to maneuver your way to a hearing before an Administrative Law Judge (ALJ).  This is where you really want to be.

So here are the steps and the likely outcomes:

Step 1:  Application.  25 percent chance of success. "Do you feel lucky?"

Step 2:  Reconsideration.  13 percent chance of success. (Waste of time but you gotta do it).

Step 3:  Hearing.  About a 30 percent percent chance of success without a lawyer, but 60 percent with one.

So:  Appeal.  Appeal.  Appeal.   And remember, the law only gives you 60 days to file an appeal.  No more. 

__________

 Confused, hurt, desperate messing with the awful Social Security disability process?  Call The Forsythe Firm in Huntsville for answers.  Free consultation and no pressure interview to help you move forward.  Never pay a legal fee until you win and recover your past due payments. We won't ask you for any money.  Call (256) 799-0297.

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