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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

 

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