When you apply for Social Security disability in Huntsville....
Your
application will be sent to a state agency in Birmingham known as the
Disability Determination Service, or DDS. A "disability specialist"
will order and review copies of your medical records. She will also
evaluate your past work record. Depending on how complete your medical
record is, you may or may not be sent for a consultative examination by a
medical doctor or clinical psychologist. Within about 4 months after
filing your application, a decision will be made as to whether you meet
the rules for Social Security disability.
In
Alabama, about 76 percent of claimants are denied by the DDS. They
must appeal directly to an Administrative Law Judge (ALJ) for a hearing
and request a new decision.
Should everyone whose application is denied appeal the decision? YES.
In my experience, the DDS denies both good claims and bad ones in many
cases. Just because DDS says you are "not eligible for benefits
according to our rules," does make it true. They deny claimants
frequently who should be getting benefits. The purpose of the appeal is
to allow a new set of eyes to review your case and reconsider all the
evidence. In almost 50 percent of the cases that go to a hearing level
appeal, the new decision is favorable to the claimant. So, by all means
appeal your denial.
Is
it expensive to appeal? No, not at all. An appeal should not cost you
a cent unless you win. If you win, the appeal may cost you a small
percentage of your back pay (which you would have lost without the
appeal). This goes to pay your attorney's or representative's fee. The
fee is payable only after you win and after you get retroactive or back
pay.
The
Forsythe Firm represents hundreds of claimants each year before federal
Administrative Law Judges in Alabama, Tennessee, Mississippi and other
states. We are happy to answer your questions or provide you with a
free discussion of your claim--at no cost or obligation. Our office is
conveniently located directly in front of Bridge Street in Huntsville
with plenty of free street level parking. You may call us or make an
appointment to visit. (256) 799-0297.
Visit our Website for More Information
Helping the truly disabled to survive the financial hardships of disability. A service of the Forsythe Firm - (256) 799-0297.
Tuesday, March 15, 2016
Saturday, January 9, 2016
WHATS IN YOUR MEDICAL FILE?
What's in your medical file may shock you. And if you are coming up for a Social Security disability hearing, you should find out. Doctor's files often contain more than medical information. And just because it's in your medical file doesn't necessarily mean that it's true.
For example, I once had a client who was confronted about his two week vacation to Vail, Colorado. Turns out, he had told his doctor and the doctor had included a note about the vacation in the medical record.
I have found citations in medical files about gambling, drinking, smoking, vacations, domestic abuse, drug use, marital problems, shoplifting or other criminal activities, and much, much more. And not all of the information was accurate. Most often, the claimants had no idea these things were in their files.
Social media seems to be another prime source for revealing, personal information. Does Social Security look at your Facebook page? I assume they do. You should, too.
For example, I once had a client who was confronted about his two week vacation to Vail, Colorado. Turns out, he had told his doctor and the doctor had included a note about the vacation in the medical record.
I have found citations in medical files about gambling, drinking, smoking, vacations, domestic abuse, drug use, marital problems, shoplifting or other criminal activities, and much, much more. And not all of the information was accurate. Most often, the claimants had no idea these things were in their files.
Social media seems to be another prime source for revealing, personal information. Does Social Security look at your Facebook page? I assume they do. You should, too.
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