HOW TO FIX DISABILITY DENIALS

 

The Social Security Administration (SSA) recognizes that many disability claims are wrongfully denied. The agency has provided a means to correct wrongful denials. That method is the appeals process.

Many people think of an appeal as an extreme or unusual step that only occurs in a few instances. In reality almost three-quarters of disability decisions will need to be appealed. The appeal is common, not extraordinary.

The initial decision process with Social Security is flawed. The initial application process is a "weeding out" process, designed to eliminate claimants who don't really qualify for benefits. Unfortunately, a lot of well qualified claimants also get "weeded out" in the application process. So, appeals are a necessary part of most claims.

There are now two stages in the Social Security appeal process:

1. Reconsideration. You must ask for "Reconsideration" in writing and ask Social Security to review your claim. Your application will be denied again in around 9 out of 10 cases. But this is a required step before you may go further.
2. Hearing. The next step in the appeal process is a hearing before an Administrative Law Judge (ALJ). This is actually your best chance to be approved and paid.

WHAT IS THE DEADLINE FOR FILING AN APPEAL?

Anytime Social Security makes an unfavorable decision (denial), you must file an appeal within 60 days. You may add an additional 5 days for mailing paperwork. So, that gives you a firm and strictly enforced deadline of 65 days from the date of denial.

HOW LONG DOES AN APPEAL TAKE?

There is no set answer because each case is different. In Alabama the reconsideration process will take 3 or 4 months on average, but can take up to 6 months. If you are denied at reconsideration, you can usually get a hearing before an Administrative Law Judge within about 6 months.

If you receive a denial letter, just remember to appeal quickly. My firm recommends you file an appeal within 2 weeks of the denial. You certainly may need legal representation with the appeal. Data suggests that claimants with an experienced attorney/representative have a much higher success rate than unrepresented claimants. 

 

It's YOUR benefit, so go after it vigorously.