INITIAL FILING AND APPEALS

I've been guilty of placing too much emphasis on the fact that most Social Security disability applications are denied at the initial level.  While it is true that 70 percent will be denied upon initial filing, that leaves about 30 percent that will be approved.  Therefore, it is very important that your initial Social Security disability claim be filed correctly.  Let me mention some of the key ingredients of a complete application for disability:
  • Completeness.  Be sure you answere all the questions or blanks on the form as fully as possible.
  • Exactness.  Describe your illness or impairment in terms of specific limitations on your daily functioning.  Be specific.  "Not very much" is too general an answer to the question "How much can you lift frequently?"  A more specific answer would be "15 pounds."
  • Promptness.  The Disability Determination Service will often send you additional forms to be completed before they make a decision.  Common forms include Pain Questionnaire, Function Report, Employment History or Work Record Report, Claimant's Medications, and Third Party Function Report.  Such forms should be completed and returned as quickly as possible.  Again, don't leave blanks if you can possibly provide answers.
  • Follow Through.  Many claims are denied because DDS doesn't get all the information they require to make a favorable decision.  This may be because doctors do not respond to requests for your medical files, or doctors send the files too late - after an unfavorable decision has already been made.  Call your doctors' offices and  let the person who takes care of medical records know that you have filed a claim and that the Disability Determination Service will be requesting your records.  Ask the doctor's office to send in your records promptly.  If you don't have a representative, call the DDS about every 10 days and inquire about the status of your claim.  Ask if all the information needed for a decision has been received.  If not, call the doctor or hospital that has not sent their records and ask them to do so promptly.
Even with the best efforts, many Social Security disability applications will be denied.  You have 60 days to ask for a hearing (in Alabama) - or 60 days to ask for reconsideration (in Tennessee).  It is extremely urgent that you act within that 60 day period to protect your rights under the claim after it has been denied.  After 60 days you will be left with no option but to file a new claim and start over.  This will cost you time and money.  It will usually cost you the loss of some or all of your back pay.

Firms such as ours (the Forsythe Firm) in Huntsville will file your initial application at no charge.  If you are not successful on the initial application, we will appeal the decision and seek ways to strengthen your case in the upcoming hearing.  By the way, most claims are won at the hearing, not at the application phase.  It is important that you have adequate representation for your appeal (hearing).  We do not charge a fee unless you win the claim and recover back pay.  If you don't win, there is never a fee for our service.  In a later blog, I will discuss specific things that must be done to help you win your Social Security disability hearing.

If you want to contact the Forsythe Firm in Huntsville, please call (256) 799-0297.  You may click THIS LINK to be directed to our main web page.


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