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.
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