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THE TRUTH ABOUT A SOCIAL SECURITY DISABILITY DENIAL AT RECONSIDERATION

Social Security only approves about 3 out of 10 new disability applications. 

It is the second stage of the process I want to talk about here.  What happens after your initial application has been denied?

The second stage is called "Reconsideration."  You file an appeal with 60 days of denial and ask the state agency that denied you to "Reconsider."  In effect, you are asking them to admit that they made an erroneous decision and reverse it.  Or, you may be asking them to consider new or additional evidence, then reverse their denial and approve your claim.

Does this work?  "Reconsideration" will get a claim approved in less than 15 percent of cases.  Is it a waste of time, then?

No.  "Reconsideration" is one stop on the road to approval.  While being denied a second time is discouraging and daunting, it provides a real opportunity to move to a platform that can be more effective and rewarding--moving to a hearing before a US Administrative Law Judge.  

You will again have 60 days to appeal a Reconsideration denial.  By filing this second appeal, you are headed for a hearing.  And you will have at least a 50/50 chance of approval at the hearing.  If you have handled your own case up until this time, I strongly recommend an attorney or professional non-attorney advocate to assist with your hearing.

Why is the hearing your BEST opportunity to win and get paid benefits?

1.  It is with a judge who is highly trained in the law and the rules and regulations of the Social Security Administration. (You are not).

2.  You get to appear and explain your condition(s) and why you are unable to work.

3.  You get to take an attorney with you who can answer tough questions from the judge, get you out of jams, and help the hearing to move in your favor.

4.  On average, the result at hearings are much better than at any other part of the process.  This is your best real chance of being approved.

What percentage of claims are approved before Administrative Law Judges? 

  • 60 percent when represented by an attorney or advocate
  • 31 percent when the claimant represents themselves

So, don't look at a Reconsideration denial as the last straw:  it isn't.  It is one stop in the process and it positions you the next step where the odds are much better.

You should ALWAYS appeal a Reconsideration denial.

__________

Charles W. Forsythe (The Forsythe Firm in Huntsville) has represented hundreds of claimants at appeal hearings with a high success rate.  You will not pay any legal fee unless you win your case and collect past due benefits.  Free consultations with no obligation.  (256) 799-0297.  

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