Skip to main content

SOCIAL SECURITY DISABILITY: WHY AN APPEAL IS SO IMPORTANT

Up to 80 percent of new Social Security disability claims filed in 2024 will be denied.  8 out of 10 will be denied.

The disability application is just the first step in the process.  It is the beginning step, not the ending step.  Most claimants do not get paid by filing an application.

The appeal is where most claims actually get approved and paid.  Appeals are where errors by Social Security get corrected.  Your denial probably contains an error.

A Social Security disability appeal usually has 2 parts:

1.  "Reconsideration."  The state disability determination service (DDS) gets a second chance to review and "reconsider" your application.  This stage is often seen as "rubber stamping" the earlier denial decision.  The denial rate at this stage of appeal is rather dismal.

2.  The Hearing.  Most appeals will be resolved at a hearing before an administrative law judge (ALJ).  This judge will review all the evidence, take testimony from the claimant, listen to arguments by the claimant's legal representative--then issue a new decision.  The hearing stage can be very effective for the claimant if handled properly.

Why Do Claimant's Fail at the Hearing Level?

1.  Missing the deadline.  When your case is denied you have 60 days to file an appeal with the Social Security Administration (SSA).  You must not miss this deadline.

2.  Failure to obtain a lawyer.  Hearings are complicated and it's probably not a good idea to handle one yourself.  Get a competent legal representative who understands the process, the language and the evidence.

Your lawyer will help you meet deadlines, file necessary forms and motions--and advance your case before a judge.  (S)he will attend the hearing with you and provide support while protecting your interests.  Your lawyer will not be paid unless you win your case and get approved for past due benefits.

The appeal is your best chance to get paid.  Take it seriously and make it work for you.  It isn't quick or easy; however, appeals do work and are usually required to win a disability award.  

Been denied SSDI benefits within the past 60 days?  You can still appeal with a good chance of winning.

Call the Forsythe Firm at (256) 799-0297.

Email us at:  forsythefirm@gmail.com

_____Never a Fee unless you win with past due pay

 

Comments

Post a Comment

Popular posts from this blog

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

GET YOUR APPLICATION RIGHT - GET PAID SSDI B ENEFITS

  Get your Social Security application right - get paid.   There are hundreds of ways to mess up a Social Security disability application.  One of the most common ways that I see?  Blank lines.  Questions left blank.  One way or another, these questions will get answered before a decision is made on your claim.  They may get answered 6 months later when the Social Security office calls you--but you have just wasted 6 months.   Worse yet, Social Security may assume that since you didn't answer the questions, all the answers are "no," so nobody bothers to call you. This will lead to a negative action on your claim.   The complete disability application will consist, not just of the basic application, but several forms.  Many of those forms will be mailed to you AFTER you file the claim.  The following is always required for a complete application: The basic disability application (5 pages)  Disability Report (14 p...
Post a Comment
Read more

HOW TO PASS A SOCIAL SECURITY DISABILITY EXAM

  So, Social Security is sending you to one of their doctors for an exam.  The first thing you may ask is, How do I pass this exam?   First, I should say that Social Security exams are not "pass or fail."  The doctor or examiner cannot tell Social Security whether or not you are disabled or whether you should get a benefit.  The doctor is going to check certain facts. For example, the doctor may check the range of motion in your joints and list the measurements. They may check your grip strength. (S)he may determine if you have difficulty walking, squatting, kneeling standing from a seated position.  The examiner may answer specific questions asked by Social Security: Is the use of a cane or assistive device medically necessary? Why is it necessary? Can the claimant use his/her hands to grasp and hold objects? Is the claimant able to understand and follow simple directions?  Here is advice I give my clients for a Social Security examination:  ...
Post a Comment
Read more