WHY IS THIS TRUE?
1. Because of Social Security's very narrow definition of disability. You are not disabled under Social Security's rules unless you are unable to perform all (and I do mean "all") work that is available in the US economy. If you can still perform an unskilled, sedentary (minimum wage) job, you are not considered disabled.
2. Because of Social Security's exacting rules of evidence. Social Security depends primarily on medical records from doctors, not nurse practitioners, social workers, counselors, chiropractors or healthcare professionals. And they prefer records from specialists. They also want objective evidence, such as X-rays, MRIs, CT scans or laboratory tests to prove your conditions. Many claimants simply don't have the medical evidence to convince Social Security that they cannot work at any job.
3. Because Social Security is a very skeptical agency. Social Security assumes that people will lie to them in order to get benefits. So, they don't take your word for anything. When there is a gray area, and the decision about disability is not cut-and-dried, the agency will rule against you and deny the claim. Their attitude seems to be, "If we are wrong, let the judge sort it out in the appeal."
4. Because many Social Security disability claims are weak to start with. When it comes time for an appeal, I examine disability claims to see what went wrong. You'd be amazed at what I find. Here are some typical problems.
- Social Security didn't get all the medical records.
- The claimant didn't fill out all his/her forms adequately or properly.
- The claimant's doctor did not provide his/her opinion about ability to work.
- Past relevant work was mis-classified.
- The claimant's residual functional capacity (RFC) was exxagerated by Social Security.
- The decision was made by a single decision maker and was never reviewed by a Social Security doctor.
Once Social Security has made a decision not to pay benefits (a denial), the claimant is present with a wonderful new opportunity--but only for 60 days. The claimant may file an appeal and point our why the denial is in error. New evidence may be submitted, including more evidence from doctors or healthcare providers. The claimant's attorney may point out errors of law or procedure made by the state's agency (DDS) in denying the claim. Finally, the claimant gets to appear in person before an administrative law judge to re-state his or her case an get a completely new decision. All of this depends, however, on filing an appeal within 60 days of the denial letter.
YOUR DENIAL MAY HAVE MORE HOLES IN IT THAN SWISS CHEESE. BUT THERE'S ONLY ONE WAY TO FIX IT: APPEAL AND ASK FOR A HEARING.
"Won't the hearing take a long time to schedule?" Yes. It takes months to get before a judge. However, if I represent you, I will ask the judge to pay you past due benefits ("back pay") for all the months since your disability began. So, while you must wait for your money, you don't actually lose any benefits.
Can you afford legal representation? Yes. Social Security has provided that no legal fees can be charged while you wait on the outcome of your case. In fact, you can't be charged a fee at all unless you win your appeal and also collect past due benefits.
If you've been denied for disability benefits within the past 60 days, or if you have a hearing scheduled, call me for a free consultation. Let me develop a plan to win your case and get you maximum benefits. I will obtain the necessary medical records (at my expense) and prepare for your day in court. And I will do this without asking you a cent before your case is paid.
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THE FORSYTHE FIRM
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
CALL (256) 799-0297
"Across from Bridge Street"
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