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

RED FLAGS IN SOCIAL SECURITY DISABILITY CASES

  RED FLAGS IN A SOCIAL SECURITY DISABILITY CASE A red flag is something that causes concern or raises a problem in a Social Security disability case.   In short, it’s something that may get the claim denied or cause a big problem. Here are some of the red flags that we see crop up: ·          Work after the alleged onset date (AOD).   Since the process takes so long, many claimants feel that they are forced to return to work for income.   Social Security often sees this as a sign that the claimant is not disabled. ·          Severe substance abuse.   Chronic and frequent abuse of drugs or alcohol can pose problems. ·           A skimpy work record.   A claimant who has worked very little or has jumped from job to job frequently may not have good credibility. ·          Quitting wo...
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

HOW TO COMPLETE A FUNCTION REPORT OR ACTIVITIES OF DAILY LIVING FORM

After you apply for Social Security Disability (SSDI), you will be sent a FUNCTION REPORT to fill out and return.  This form asks a lot of very detailed questions about your daily activities:  driving, cooking, cleaning, dressing, visiting others, hobbies, etc. The Social Security Administration will use your answers to determine whether you can work or not.  You must show on this Function Report that you have limitations that do not permit you to work a full-time job.  You do this by showing your limitations in activities of daily living. Your goal in the Function Report is to show the struggles and challenges you have with everyday life.  It may not be sufficient to answer a question with "Yes" and fail to explain. For example:  "Can you drive?"  If you answer "Yes," Social Security will assume that your ability to drive is unlimited:  you can drive anytime, anywhere and as often or as far as you want.  That may not be true and would need t...
Post a Comment
Read more