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

MUST YOU MEET A LISTING FOR SOCIAL SECURITY DISABILITY?

You hear talk of getting SSDI benefits by "meeting a Listing."  What are the Listings? The Blue Book listings are found in the regulations at 20 CFR 404, Subpart P, Appendix I. The Listings are divided into 12 body systems.  Each severe impairment is listed under its respective body system.  For example, Congestive Heart Failure is listed under Section 4.00 - Cardiovascular System. When you go there, there is a list of severe symptoms, and they are severe.   If you exactly meet or equal the list of very extreme symptoms you will be automatically approved for disability. Here's the problem:  Meeting one of the listings is about as likely as winning the Super Lotto.  It is very, very unlikely that you will do so. Thus, 99 percent of claimants do not and cannot get approved by meeting a listing.  The listings are only for catastrophic, extreme impairments that most claimants simply do not have--or do not have at the severity level demanded by the listings...
Post a Comment
Read more

A DISABILITY DENIAL IS NOT THE END OF YOUR CASE

By Charles W. Forsythe The Forsythe Firm Social Security denies a lot of applications.  It's expected.  But it's not the end. The good news is:  You can probably win your case on appeal and get paid benefits.  It just takes a bit longer. About 8 out of 10 new disability claims will be routinely denied.  So, it's rather unusual to be approved just by filing an application. An appeal sounds like a last resort or tricky legal maneuver.  It's really quite common--almost  normal--in a Social Security disability case. 8 out 10 claims will be appealed at least once, often twice, before they are paid. The process that pays Social Security disability is not the application, it's the appeal process. Many claimants who don't understand the importance of appeals give up after the first denial.  A serious mistake.  You odds get better in appeals. TIME LIMIT ON APPEALS .  All unfavorable Social Security decisions must be appealed within 60 days ....
Post a Comment
Read more

CAN A LAWYER / ADVOCATE HELP YOU IN DISABILITY HEARINGS?

 HOW A LAWYER INCREASES YOU ODDS     There are many things a trained disability advocate or lawyer can do for you in a disability claim.  The biggest reason to have a lawyer or advocate is that you are 3 times as likely to be approved when using one. As with all levels of applying for SSI and SSDI , it is not required that you have attorney representation. However, the hearing before an Administrative Law Judge is your BEST chance of being approved for Social Security benefits. During this stage your chances of being approved are highly improved by having an attorney that is skilled with disability law . Only an experienced lawyer or advocate will understand the difficult and confusing concepts discussed at the hearing.  If you don't have a lawyer you will probably understand very little of what goes on at your hearing. Before your hearing your attorney can prepare you for the questions you will be asked at the hearing. A vocational expert will be a...
Post a Comment
Read more