DENIAL: BUT NOT THE FINAL DECISION

The most common response to a Social Security disability claim in Alabama is a denial.  The most common reason given for a denial:  "You are not disabled under our rules."  They usually add the following:  "The evidence shows you have some restrictions and are not able to perform work that you have done in the past.  However, based on your age, education and past work experience, you are still able to perform certain types of work."

This is known in the profession as a Step 5 denial, based on the assumption that there exists easier work that you could still perform, even if you can't do your past work.

What is important here is that this is not the final decision.  You may have struck out in the first inning, but the ballgame goes on, so to speak.  Use your 60 day window to file and appeal and request a hearing before an administrative law judge.  The judge will review your claim, all your evidence (including new evidence you submit after your denial) - and give you a new decision.  The advantage of the hearing is that you get to appear in person and explain your disability.  And you get to bring a representative along to help you.  

Being denied is disappointing and frustrating.  Realize that it could be just one bump on the rocky road to approval. 

Most of the disability benefits that are awarded today are the result of a hearing following a denial.  Slow and steady wins the race.  Nobody can guarantee that you will be approved at a hearing, of course, but it is definitely worth the effort to appeal.  The Forsythe Firm will not make any charge for representation unless you win and collect a back pay award.  We offer consultations without any upfront cost or obligation.

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