IS YOUR DISABILITY DENIAL CORRECT?

You applied for Social Security disability.  They sent you to a doctor for an examination, then denied your benefits.  Should you assume that Social Security made the correct decision?  

No.  You should assume they made a bad decision because they probably did.

In almost one-half of denials which are appealed, a judge will review the evidence and overturn the denial to award full benefits to the claimant.  In simple terms, Social Security got the first decision wrong.  It happens in nearly half of all decisions!

Never assume a denial by Social Security is correct.  Assume it is wrong and can be overturned.  File an appeal.

What is the biggest mistake you can make after being denied by Social Security?  

Failing to appeal the denial within 60 days is the single biggest mistake you can make.

What are the risks if I appeal and lose?  ⇰There is no risk.⇦  In an appeal, you have everything to win and nothing to lose.  If you do not win the appeal, your legal representation is free.  You cannot be charged a representative's fee unless you win.  And any attorney's fee must come out of past due benefits that you win during the appeal.  No past due benefits, no fee. Your representative must cover all expenses associated with an appeal up to the point that you win and collect back pay.  So it is win-win for you.

"Always assume that a denial of benefits is wrong and can be overturned on appeal."

For help with a Social Security disability denial (or to file a new application), contact the Forsythe Firm in Huntsville at (256) 799-0297.  We cover all costs of appeal until you win.  (256) 799-0297. 

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