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YOU HAVE 4 CHANCES TO APPEAL A SOCIAL SECURITY DENIAL

It's true that Social Security will deny most disability claims at the application level.  Most of these denials are erroneous and can be approved by appeals. 

Any unfavorable Social Security decision may be appealed with in 60 days.  But if you wait longer than 60 days to file any appeal, you lose the right to appeal and will have to start over--which will delay a decision by another 12 to 24 months.

Here are the appeals available to you following a denial:

1.  RECONSIDERATION:   The First Appeal.  This returns your case to the state agency that denied it--the Disability Determination Service--for another review.  This appeal is required as a first step; however, it results in another denial in about 9 out of 10 cases.

2.  HEARING BY ADMINISTRATIVE LAW JUDGE:  The second appeal.  You and your attorney/representative appear before a federal ALJ to explain your case and try for a more favorable decision.  This is your BEST chance for approval.  Nationwide, judges pay around 55 percent of cases that go to hearing.  If you have a good case, odds are you can get it approved before a judge.

3.  APPEALS COUNCIL REVIEW:  If your hearing results in an unfavorable decision by the ALJ, you may request a review by the Appeals Council (AC).  The AC will look at whether the judge fairly considered all the evidence and rendered a decision that is within the Social Security regulations.  

4.  FEDERAL COURT REVIEW.  This is normally the final appeal - a lawsuit in Federal District Court vs. the Commissioner of Social Security.  Only about 1 case per 100 go to this level.  You are required to have an attorney who is licensed in a federal district court to file this appeal. The odds of a favorable decision here are remote.  If the court gives you a favorable decision, it will usually be a remand--returning the case to the Administrative Law Judge for a new hearing or other corrective action.  

KEY TAKE AWAY:  Social Security denies most claims in the early stages.  You overcome this by filing appeals.  You are 3 times more likely to obtain a favorable appeal ruling if you use an experienced attorney or trained advocate.

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The Forsythe Firm in Huntsville has a long successful track record in winning Social Security disability appeals.  Free consultations and you NEVER pay us a fee until you win your case and collect your past due benefits.  Call (256) 503-8151.

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