Wednesday, March 4, 2020

APPEAL FIRST: ASK QUESTIONS LATER

Social Security is bad to deny disability claims.  Their strict definition of what disability means, their mechanical review of applications, and their unwillingness to give claimants any benefit of the doubt--all make it difficult to win.  Around 75 percent of disability claims in Alabama are denied.

The cure for a denied claim is simple:  a quick appeal.

Most claims today are won in the appeal process, not in the application process.

In fact, it usually requires two appeals to get approved these days.

The first appeal is for what they call "Reconsideration."  In Reconsideration, the same state agency that denied your claim to begin with reviews the denial to see if a mistake was made.  Literally 98 percent of "Reconsideration" appeals result in another denial.  The only reason to file this appeal is that you are required to.

The second appeal sets you up for a hearing before an administrative law judge (ALJ).  This is where you want to be if you have been denied.  The judge will review your claim with a fresh look, will consider all the evidence (including new evidence) and give you a totally new decision.  You are encouraged to have legal representation for this hearing.

Appeals must be filed within 60 days of each denial.  This deadline is firm and has few exceptions.  Do not miss the 60 day deadline to file an appeal on any unfavorable decision.  Appeal now, ask questions later!

 

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