Skip to main content

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.

__________

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.

Labels:

Comments

Post a Comment

Popular posts from this blog

IF I CHANGE ATTORNEYS WILL IT DELAY MY DISABILITY CASE?

No.  Getting a new attorney will NOT delay your pending Social Security disability claim or appeal .  Your new attorney "inherits" the case and picks up where the other attorney left off.  There is no re-filing or starting over, so your case is not set back or delayed at all.  Social Security maintains an electronic folder stored in its system.  This folder contains every document ever submitted concerning your claim or appeal.  Your new lawyer may log into your electronic files and see, in real time, all the evidence and other documents in your file. While we do not recommend changing attorneys while your case is pending a decision, it is sometimes necessary.  You may need a new lawyer if your attorney dies, retires or  becomes disabled before your case is settled.  You may choose a new attorney without delaying or causing any set back to your case. If you are considering obtaining a lawyer to handle your Social Security disability case in...
Post a Comment
Read more

URGENT MESSAGE FROM SOCIAL SECURITY'S TOP OFFICIAL - February 18, 2025

There is a lot of talk and speculation about Social Security in the new Trump Administration.  The acting commissioner of Social Security recently resigned and Lee Dudek has been appointed the new Acting Director. Today (2/18/2025) I received a message from the new Acting Commissioner Dudek.  Here is part of Director Dudek's message on Social Security for 2025:   Our continuing priority is paying beneficiaries the right amount at the right time, and providing other critical services people rely on from us. DOGE personnel CANNOT make changes to agency systems, benefit payments, or other information. They only have READ access. DOGE personnel do not have access to data related to a court ordered temporary restraining order, current or future. DOGE personnel must follow the law and if they violate the law they will be referred to the Department of Justice for possible prosecution.                      ...
Post a Comment
Read more

SOCIAL SECURITY DISABILITY APPLICATION PROCESS

  Here is a brief overview of what takes place after you file your Social Security disability application : Application confirmation  – Social Security will mail you a copy of your application to sign. You will have an opportunity to review the application, correct any errors, and send it back to Social Security for processing. You must return the signed application. Social Security will not process your application until they receive your signed confirmation. And they don't send reminders about this. Function report  – Social Security will mail you a form called a function report . This form will ask questions about your personal care, meals, house and yard work, getting around, shopping, money, hobbies and interests, social activities,  and other abilities. This form will help Social Security determine what you can and cannot do on a daily basis. It must be filled out carefully and fully and returned. Work history report  – Social Security will ma...
Post a Comment
Read more