THE NEXT STEP TO TAKE AFTER A SOCIAL SECURITY DENIAL

Social Security is really not set up to pay disability benefits just because you file an application.  In about 80 percent of cases, the application will be denied.  This is standard operating procedure.  Only the "squeekly clean" claims get approved, most get denied.

There is a process, however, to get many of these denials approved.  That is the appeal process--where most benefits get approved--if they ever do. 

After you receive that denial letter saying basically, "You are not disabled according to our rules," you need to file an appeal within 60 days.  This deadline is very strict.  Wait more than 60 days and you probably will lose your right to appeal.

The appeal can be filed online at www.socialsecurity.gov, by calling a local Social Security office and getting the paperwork, or by calling an attorney or disability advocate who handles appeals.

Filing an appeal heads you toward a hearing with a federal Administrative Law Judge (ALJ).  It takes up to 18 months to get a hearing scheduled, after you file the appeal paperwork.  This 18 month waiting period should be used to build your case.

The Administrative Law Judge will listen to your testimony, review all your medical evidence and give you a new decision.  He or she is not bound by any decisions previously made by the Social Security Administration.  The hearing will examine whether you meet the federal rules to receive a disability payment.  

At most of these hearings, the claimant is represented by an attorney or representative.  There are many advantages to this.  

So, if you recently received a denial letter from Social Security, don't despair.  Most people get these.  The important thing is to take the next step and file an appeal.  My firm will help file appeals with no upfront fee and no cost to you unless you win.  When your claim is paid, Social Security will withhold our fee from your accumulated back pay and pay us directly. Fees are regulated by the Social Security Administration.
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The Forsythe Firm
Social Security Disability Representation
Applications * Hearings * Appeals  * Free Consultations
PHONE (256) 799-0297