Saturday, April 18, 2020

WHY YOU MUST APPEAL A DISABILITY DENIAL

When Social Security denies your claim for disability benefits you should always appeal.  Here are the reasons:

1.  Denial is the usual result of applications.  Far more claims are denied than approved.

2.  Mistakes are frequently made in initial decisions.  They can only be corrected with an appeal.  You can't go back to the decision maker and say, "This isn't right.  Please look at this again."  The way to do that is to file an appeal.

3.  Your odds of winning on appeal are almost 50 percent  The national average for awards before an administrative law judge is around 45 percent. 

4.  It costs nothing to appeal.  Your attorney cannot charge you a fee unless you win and also collect back pay.

5.  If you fail to appeal within 60 days of your unfavorable decision, your right to appeal forever dies. The claim cannot be considered again.

6.  Your right to file a new application may have expired.  There is a thing called "Date Last Insured" or DLI.  This is the date you stop being covered for new claims against Social Security.  Generally, this date occurs about 5 years after you stop working regularly.

7.  There may have been very obvious errors when Social Security issued their decision.  A trained disability advocate may spot these errors at once.  Taken before an administrative law judge, it may become apparent that you are entitled to benefits and the judge may pay you.

Never hesitate to file an appeal when your Social Security disability claim has been denied.  
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The Forsythe Firm
7027 Old Madison Pike
Huntsville, AL 35806
"Across from Bridge Street"

CALL (256) 799-0297

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