We are sharing this because, unfortunately, Marvin isn't the only one to make this costly mistake. We want you to learn from this example.
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Marvin was a 44 year-old construction worker with herniated cervical and lumbar discs who has undergone a recent cervical fusion surgery, which did not eliminate all of his pain and symptoms. He applied for Social Security disability (SSDI) but was denied about a year later. Social Security agreed that Marvin could not do construction work any more but they said he could perform "other work" available in the national economy. Therefore, he didn't meet the rules for disability benefits.
Marvin believed them. He looked for other work but couldn't find anything that he could do. Finally, about 6 months later, Marvin came to my office looking for help. Sadly, he had waited too long.
Here is the way I figure it:
1. Marvin is indeed disabled, in spit of what Social Security said in their denial letter.
2. Marvin almost certainly could have won his claim with past due benefits if he had appealed.
3. His 60 days allowed for appeal had long ago expired and was now as dead as last week's road kill. No appeal was possible.
4. Marvin's only option now is to file a new claim and start over. About 12 months more waiting to get back to the same position was he was in when they denied the claim.
5. Marvin's failure to file and appeal probably cost him about $40,000 in past due benefits and delayed all payments by at least 18 months--possibly 24 months. The $40,000 is just his "right now" pay. Over a course of Marvin's life span, he could have lost up to $450,000 in benefits, not counting Medicare.
The moral of my story is very simple. Social Security denies about 7 out of 10 disability claims. More claims get paid in appeals than in the application process.
If Social Security denies your claim, don't fool around. File and appeal immediately. They only allow a short window for appeals (60 days). Miss that window and you go back to step one and start over.
Do not file a new claim. Appeal the denied claim. Filing an appeal is a simple matter. You can do it yourself but you may get the help of an experienced disability lawyer.
Filing an appeal is the easy part. Preparing to defend the appeal in a way that gets you approved and paid is more complicated. That's where I come in.
I will not only help you file the appeal, I will gather medical evidence, file any motions necessary--and go before a judge with you--if that is required.
There is NO FEE for this service until you are approved and get retroactive benefits (called "back pay"). My fee will be paid by Social Security, using a small percentage of your past due benefits. This happens when Social Security deposits your money into your bank account.
If you don't win--or if there is no back payment--you never owe me a fee, no matter how long or how much I worked on your case. There is absolutely no upfront cost to you.
Note: I never use real client names in my blogs. "Marvin's" story is true but, as they say, "His name was changed to protect the innocent."
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Call me at the Forsythe Firm in Huntsville if your disability claim was denied WITHIN THE PAST 60 DAYS. My consultation is FREE with no upfront cost to you--none. My phone is (256) 799-0297.
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