IMPORTANCE OF DISABILITY APPEALS

The numbers are staggering.  There will be around 50,000 new disability claims filed in Alabama this year.  And 70 percent of them will be denied by an agency that is swamped and over worked.  Up to 60 percent of the denied claims should have been winners.

This makes the necessity of an appeal evident.  If your claim was denied, appeal immediately.  The law gives you 60 days to appeal without losing any rights under your original claim (or any money).  After 60 days and the deal is off.  What can a disability specialist or advocate do for you during the appeal process?  Quite a bit.

Focus on the reason you were denied.  The denial letter, while mostly a form letter, may give hints as to why you were denied.  Reasons usually lie in the very strict definition used for "disability," or the claim may simply have been mishandled.

Determine if the impairment meets a Listing.  Certain listings automatically qualify for disability awards, once you prove you meet or equal the listing.  This can make an appeal easier.

Develop a legal theory of the claim.  Here is what I mean.  Take the Social Security laws, apply them to the claimant's situation and find how the law helps win the case.

Evaluate the medical and vocational evidence.  If there isn't enough clear medical evidence of a severe impairment, nobody can win your case.  If the evidence isn't there, develop a strategy to get more evidence.

Write a compelling brief.  A brief (sometimes called a "memorandum") is a 5 or 6 page summary of the claimant's impairments, functional limitations, occupational history and education.  It also explains why the claimant cannot work - and which areas of Social Security law direct a finding of disability.

Prepare to argue the case.  I believe that hearings are often won or lost before they start.  Good administrative law judges study the case that has been prepared in advance of the hearing. A good disability advocate is like a good football coach.  He understands the game, knows the challenges ahead, is aware of what his team must do to win, and plans accordingly.  

See what our firm can do for your disability case here. 



THE FORSYTHE FIRM

 
(256) 799-0297 for our Huntsville, AL office
(615) 732-6159 for our Nashville, Tn office

Established in 1979, the National Organization of Social Security Claimant's Representatives (NOSSCR) is a professional association of over 4,000 attorneys and other advocates who help individuals with disabilities obtain Social Security and Supplemental Security Income benefits.   To be eligible for disability benefits, individuals must be unable to engage in "substantial gainful activity" because of a medically determinable physical or mental impairment which can be expected to result in death or has lasted for at least 12 months. NOSSCR members represent these individuals with disabilities in legal proceedings before the Social Security Administration and in federal court.

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