Skip to main content

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.

Comments

Post a Comment

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...
Post a Comment
Read more

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...
Post a Comment
Read more

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...
Post a Comment
Read more