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SOCIAL SECURITY APPEAL PROCESS FOR DENIED DISABILITY CLAIMS

The Truth:   Social Security denies most disability claims.  In fact, around 8 out of 10 new applications will be denied.

The appeal process exists to correct denials that were made in error.

The agency that denies Social Security disability claims is the Disability Determination Agency or DDS.  In Alabama, it is located in Birmingham.  This is a state agency, not part of the Social Security Administration (SSA).  However, the SSA contracts with DDS to investigate new claims and make the first decision on whether or not to pay claims or deny them.

Appeal 1:  "Reconsideration."  The first appeal sends the claim back to the DDS, asking them to "reconsider" their decision.  In effect, we hope that DDS will find that they made an error and fix it by approving the claim. That happens in about one case out of ten, with the other 9 being denied again.  So, there's not much hope for the "Reconsideration" appeal.

Appeal 2:  "Hearing Before a Judge."  The second appeal takes the denied claim to a hearing before an Administrative Law Judge (ALJ).  The judge listens to the claimant and attorney (if there is one), reviews all the evidence, and makes a NEW decision.  Your odds before the ALJ are around 55/45 if you use an attorney, less if you don't. 

So, the appeals process is there to correct inaccurate denials by the state agency (DDS).   

Here is the shocking news:  Most claims are paid by a judge, not in the application process.  So, if you have been recently denied (within 60 days), appeal now.  If denied again, appeal again.  Don't stop until your case lands before an administrative law judge for a hearing. (You must appeal within 60 days of your denial date).

If you need help with an appeal or hearing, please contact The Forsythe Firm in Huntsville, AL.  We specialize in taking denied claims to appeal and fighting to get benefits paid--including back pay or past due benefits.  There is NO FEE for our service until you win and collect back pay from Social Security.  Consultations are free.

Call The Forsythe Firm at (256) 799-0297.  We handle claims in Alabama, Tennessee and several surrounding states.


 

 

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