DON'T DELAY. APPEAL TODAY.

For several years my practice has used the slogan "Don't Delay - Appeal Today."  I hope those 4 words are easy to remember because they represent the heart of getting approved for disability with Social Security.

 "Don't Delay."  That reminds us that we only have 60 days to appeal an unfavorable decision on our Social Security disability or SSI claim.  In every denial letter Social Security sends out, they clearly spell out the claimant's right to appeal their decision.  They also spell out the time limit.  You have 60 days to request a hearing.  Social Security adds 5 more days as a "bonus" to allow for mail delivery.  So, you actually have 65 days - but there is no reason to wait.  Don't Delay.

 "Appeal Today."  This phrase again reminds us not to delay.  You'd be amazed at how many people come to see me who have let their appeal rights slip past them - often by three or four days.  Sometimes by only 1 or 2 days.  And without a mighty good excuse, Social Security will hold you to that 60 days + 5 rule.  So sit down today and write that appeal request.  A request for appeal can be as simple as the sample letter below:
----------------------------------------------------------------------------------
Today's Date

 Dear Social Security:  Re:  Social Security Number 123-45-6789

 I disagree with the decision on my Social Security disability (or SSI) claim dated June 1, 2012.  I do not believe that all of my conditions were adequately considered.  I am requesting a hearing and I wish to appear at that hearing.

 Sincerely,

 Your Full Name (Sign)
---------------------------------------------------------------------------------------
Mail or take that letter to any Social Security office and keep a copy for your records.  You may call Social Security; however, a telephone call will not legally protect your rights - only a written notice will do that.

 Now that you have requested a hearing, it's time to prepare for the hearing, which will probably be 10 to 18 months in the future.  Consider hiring a representative who knows the law, knows the system and knows how to win hearings.  

 Our main website can give you more information.

Comments

Post a Comment

Popular posts from this blog

GETTING MONEY FROM SSDI

SSDI stands for Social Security Disability Insurance .  When you first began working, the Government deducted a percentage of your wages, called a FICA tax.  This continued as long as you worked, in most cases.  This money was matched by your employer and set aside in a government trust fund to help you if you later became disabled and could not work. SSDI is a type of government sponsored insurance program, usually called "Social Security disability insurance."  To get benefits out of SSDI, you must prove  that you have a medical disability so severe that you cannot work any full-time job; that this disability has lasted, or is expected to last, for at least 12 consecutive months. That sounds simple but Social Security has made it rather difficult to prove that you are disabled.  One reason is that their definition of 'disability' is so strict.  You usually must prove that you cannot perform even simple, unskilled work at the sedentary (sitting) leve
Read more

POST HEARING EVIDENCE

Many people assume that a Social Security disability case is over when the hearing has been held.  This isn't always the case.  Often there is post hearing work that should be done to achieve the best chance of a favorable decision. Everyone at a disability hearing works under pressure.  This includes the claimant, the representative, the vocational expert and even the administrative law judge.  Hearings are generally limited to less than one hour.  The judge will ask questions that place the claimant under stress to answer correctly.  The representative or attorney will be asked to respond to procedural issues or points of law that place him or her under pressure.  The judge must constantly conduct the hearing so that it follows Social Security laws, rules and regulations.  Further, the judge must form accurate hypothetical questions for the vocational expert based on the medical and vocational evidence in the file and upon the claimant's testimony.  The vocational expert th
Read more

PARTIALLY FAVORABLE DECISIONS ON DISABILITY

You attended a hearing on your Social Security disability claim.  A few weeks later, you receive a Notice of Decision in the mail that says you have received a Partially Favorable decision.  Does this mean that you are only partially disabled, not fully disabled? ANSWER:  No.  Social Security does not make awards for partial disability.  You are either disabled or not disabled.  There is no such category as "partially disabled" within Social Security law. A "partially favorable" decision means that the administrative law judge has found you to be disabled.  However, he or she has changed some material fact in your application.  Most often, this change involves the established onset date--the date you were found to have become disabled.  For example, in your application you may have alleged that you became disabled on June 1, 2012.  After reviewing the facts of the case, the judge may have decided that you did not become disabled until September 1, 2012.  Theref
Read more