Skip to main content

HOW TO GET PAID FOR DENIED SOCIAL SECURITY DISABILITY CLAIMS

Your Social Security disability claim was recently denied.  Did you know you may still get it approved and paid?  You may, if you follow the rules.

The Social Security Administration realizes that most new claims will be denied; it's how the system is set up.  They provide a way for denied claims to be further reviewed--with a good chance of success.  It's called the appeal process.  More claims are approved in the appeal process than in the application process.

Here is the best way to handle a denied Social Security disability claim:

1.  Realize there is a 60 day deadline to appeal.  Wait longer and you probably cannot appeal.  They are very strict about this deadline.

2.  File a complete appeal.  The main document in your appeal is the Disability Report - Appeal.  It must be completed diligently, crossing every t and doting every i.

3.  Get legal assistance.  Speak to an attorney or advocate who has extensive experience handling Social Security appeals.  The appeal process is rigorous and complicated.  You are 3 times more likely to be approved during appeals if you are represented.

4.  Be sure any new or additional medical evidence finds its way to Social Security.  In many cases, they fail to get all your medical records--thus make a decision without all the information they should consider.  Your lawyer can help you achieve a complete medical record.

5.  Have your attorney get your doctor involved.  There are things, in addition to your medical records, that your attorney can get from your doctor which may improve your case. 

You should appeal every unfavorable decision within 60 days.  Most claimants will file 2 appeals:  the first is called Reconsideration and the second is a Request for Hearing before an administrative law judge.  Your odds of being approved before a judge are the best that you will get during the entire process.   Having legal representation when you go before the judge is critical.  Take someone with you who understands the process, the procedure, the judge and the law.  Going before a judge without representation is like trying to land a Boeing 747 without any experience.

The Forsythe Firm in Huntsville has extensive experience with appeals and hearings and has a proven track record.  Contact the Firm for a free case evaluation or consultation.  (256) 799-0297.

Or email us at:  forsythefirm@gmail.com

 

Comments

Post a Comment

Popular posts from this blog

MEETING SOCIAL SECURITY'S DURATION REQUIREMENT FOR DISABILITY

SSDI, or Social Security Disability Insurance, requires a severe impairment which has lasted for at least 12 straight months, is expected to last at least 12 straight months OR is expected to end in death. This 12 consecutive months requirement is called the "Duration Requirement."  Disabilities with a duration of less than 1 year are not covered under the Social Security Act. You do not have to wait 12 months to file a claim. There is no requirement to wait 12 months to file.  But if your disability has not already last for at least 12 months, the nature of the impairment must be such that is can reasonably be expected to last 12 months or longer OR to end in death.  Short term impairments are not covered. What you will need to document for your medical and/or mental impairment(s):   A claimant will require objective medical proof.  This comes in the form of official medical records from doctors, clinics, hospitals, counselors, therapists and other professiona...
Post a Comment
Read more

SOCIAL SECURITY BENEFITS FOR DOWNS SYNDROME

Downs Syndrome may qualify for automatic SSI disability in children. A child with Translocation Syndrome or Trisomy 21 will usually be classified as disabled from birth. This type of syndrome affects about 98 percent of the Downs Syndrome population. Social Security will want a diagnosis from a medically acceptable source and they will want certain tests.Once the documentation is presented, an SSI award may be automatic.  Those with Mosaic Down syndrome may qualify, but your child would need more than a diagnosis to be approved. Because [according to SSA] people with Mosaic Down syndrome may not have as many intellectual or physical disabilities as those with other forms of Down syndrome, you’ll need to meet another listing in the Blue Book to qualify. Social Security will consider the complications or manifestations of Downs Syndrome in making a decision. If the claimant is a child (under 18), k eep in mind that SSI is a needs-based program for families with limited resources...
Post a Comment
Read more

A DISABILITY DENIAL IS NOT THE END OF YOUR CASE

By Charles W. Forsythe The Forsythe Firm Social Security denies a lot of applications.  It's expected.  But it's not the end. The good news is:  You can probably win your case on appeal and get paid benefits.  It just takes a bit longer. About 8 out of 10 new disability claims will be routinely denied.  So, it's rather unusual to be approved just by filing an application. An appeal sounds like a last resort or tricky legal maneuver.  It's really quite common--almost  normal--in a Social Security disability case. 8 out 10 claims will be appealed at least once, often twice, before they are paid. The process that pays Social Security disability is not the application, it's the appeal process. Many claimants who don't understand the importance of appeals give up after the first denial.  A serious mistake.  You odds get better in appeals. TIME LIMIT ON APPEALS.  All unfavorable Social Security decisions must be appealed within 60 days.  ...
Post a Comment
Read more