Skip to main content

DOES A SOCIAL SECURITY DISABILITY APPEAL DO ANY GOOD?

When Social Security messes up and denies your disability claim, it can be fixed by an appeal.  Appeals are the legal answer to improper Social Security disability decisions.  These days, appeals are not the exception, they are the rule.

What You Need to Know About Disability Appeals

1.    An appeal is NOT starting over.  It picks up your case and moves it forward--up the chain of command--to a higher level of decision making authority.

2.    The appeal won't cost you anything if you lose.  Lawyers are not permitted to charge you a fee until after you win your case and collect past-due benefits.

3.    54 percent of appeals will be approved and paid.  That's the best chance for approval in the entire disability process.

4.  Appeals that go all the way to a hearing with an Administrative Law Judge have the best chance for approval and payment.

5.  Appeals protect your original filing date, your disability onset date and your chance for retroactive benefits or back pay.

6.  Some claimants have received over $100,000 in a lump sum after a successful appeal.  Most claimants recover significant back pay in appeals.

7.  Your lawyer will NOT take most of your back pay.  Under US regulations your attorney may never collect more than 25 percent of your back pay as a fee--and in addition to that limit, there is also a limit on the dollar amount of the fee.  For example, if you collect $100,000 in past due benefits, your lawyer will only get $9,200 (as of 2025).  That is less than 10 percent.

8.  You have only 60 days after a denial to file an appeal in writing. Wait longer and you have missed the boat.

9.  Claimants who use a lawyer or qualified representative are 3 times more likely to win their disability case--according to the US Government Accountability Office (GAO). That's the government's number, not mine.

10. Many "do it yourself" claimants make errors that cost them time and money because they don't understand the rules and regulations that govern Social Security disability.

The Forsythe Firm in Huntsville, AL has helped thousands of denied claimants recover past due benefits from the Social Security Administration. We practice Social Security Disability Law and nothing else.  Call for a free consultation with no obligation and no pressure. 



 

Comments

Post a Comment

Popular posts from this blog

IS IT HARD TO GET SOCIAL SECURITY DISABILITY IN TENNESSEE?

  How hard is it to get Social Security disability (SSDI) in Tennessee? It can be very difficult.  In the beginning stages of the process, it seems like the agency is out to deny as many claims as possible.  Later--in the appeals process--it takes more technical and legal skill to move through the labyrinth of obstacles. What's the usual reason for an SSDI denial? If you look at all the denial letters, the most comm on reason given is:  You are not disabled according to our rules. The 2 main explanation for finding claimants not disabled are: 1.  You are able to perform some of your past relevant work. 2.  You can't perform any of your past work but you are able to do other work. Those are the two "catch all" reasons Social Security gives for nearly all of their denials.  Both of these reasons fall into the category of a medical denial .  The claimant's condition is not deemed severe enough to prevent all work. There are other reasons for d...
Post a Comment
Read more

WHAT YOU WILL BE ASKED AT A DISABILITY HEARING

Most Social Security disability claims will be denied twice:  First at the end of the Application process, and again after the "Reconsideration" process.  The third stop will be a hearing before a federal Administrative Law Judge (ALJ). It is here at the hearing level that most SSDI claims are paid.  So, what do you need to know about your Social Security disability hearing?     First, the judge will follow the rules established by the Social Security Administration.  His or her job is to determine whether you meet the particular laws and rules to receive disability payments.  So, it is a legal proceeding where you must prove certain things in order to get paid. Among the things you must prove:  Your insured status with Social Security:  You have worked recently enough and paid into the Social Security trust fund to gain the required "work credits" to support your claim.  You have a severe medical or mental impairment supported by adequa...
Post a Comment
Read more

CAN YOU WIN YOUR DISABILITY APPEAL WITHOUT A LAWYER?

The Social Security Administration does not require you to have a lawyer to file an appeal or to appear at a hearing.  However, most people heading for a disability hearing will hire a lawyer or advocate to help them.   Studies have shown that you are about twice as likely to win with a lawyer.  A recent study found that claimants with no lawyer win about 30 percent of the time while claimants with a lawyer or advocate win 60 percent of the time.   " He just cooked his own goose." These statistics cover only one aspect of a disability appear--your odds of winning. The other important aspects are time and convenience. If you prepare and adjudicate your own disability appeal, expect to spend 12 to 24 months working on the case.  You will be collecting, reading and submitting hundreds or thousands of pages of medical records.  These records are complex and often difficult to understand.  And you must know how each medical record helps (or hurts) your dis...
Post a Comment
Read more