Roughly 4 out of 10 denials for disability benefits are just plain wrong. They will be reversed and paid when they reach an administrative law judge. The problem is, too many people fail to appeal.
If your disability claim was denied, what should you do? Take the following steps immediately. There's a 60 day deadline.
1. File for Reconsideration. This is the first appeal and it does not take you before a judge. But it's the required first step. Social Security will review their decision to see if they can approve your benefits. (Most of the time they will not).
2. File another Appeal and ask for a hearing. This will take you before an administrative law judge for a personal hearing. You will typically wait a few months for your hearing. This gives you time to prepare.
3. Consider Getting an Advocate or Representative. The hearing is your absolute best chance to be approved. It only happens once. To have the best chance, get professional representation. It won't cost you a cent unless two things happen:
- Your case is approved, and
- You receive back payments
You will be able to sit down with an advocate who understands Social Security disability and discuss your case with no cost, no obligation. If you are comfortable with the advocate, you may hire him or her to represent you. If not, you may talk to another one.
I usually speak to potential new clients for a few minutes over the phone when they call my office. Then, we may set up an in-the-office appointment here in Huntsville for a further consultation. The potential client has an opportunity to ask me questions, get detailed information, hear my view of the case, etc. If we agree to work together, I get started on the case right away.
Everyone makes mistakes. Making a mistake on your Social Security disability claim, however, can cost you tens of thousands of dollars and endless delay in getting benefits.
Here are some of the mistakes we see on disability claims that should be avoided at all costs:
1. Missing Deadlines. Social Security is a very slow system and we all get tired of waiting on them. However, if you miss a deadline, the system can be very unforgiving. For example, if you fail to file an appeal within the required deadline, your right to appeal dies and the denial becomes the final decision for that filing.
2. Improper Forms. There are more forms in a disability application than most people have ever dealt with in their entire lives. The forms are confusing and complex. Incorrect or incomplete forms become evidence in your case and follow you for months or years, even into the appeal process.
3. Not Asking Your Doctor for Help. Your doctor can be very influential and a great ally. Talk to him or her. Ask if the doctor will support your disability claim. A detailed Residual Functional Capacity report by the doctor can go a long way toward getting your application approved.
4. Failure to Appeal. Over 75 percent of disability applications are denied. That's right, about 3 out of 4 will be denied. Many of these denials are mistakes. Mistakes get corrected in the appeal process. Yet, we see individuals who give up without appealing their denials. Most of the approved claims we see today are the result of the appeal process, not the application process. By all means, appeal.
5. Not Getting an Attorney/Advocate. There are 2 powerful reasons why you should get an advocate:
A. It costs you nothing unless you win.
B. Represented claimants are much more likely to win than those who are unrepresented.
