About 70 percent of disability claims filed in Decatur and Morgan County will be denied. At least one half of these denials will be wrong. Here is what you need to know about an appeal.
1) You have at least a 50/50 chance of winning your appeal. If your case is strong and your doctor will support you, your odds are even better. Most claims get approved on appeal, not on application.
2) File the appeal within 60 days or lose your appeal rights. This is a very strict 60 day deadline. Don't wait around.
3) File your appeal online, hand deliver it to a Social Security office and get a receipt OR have an attorney file it for you. Phone calls do not count. Phone calls are not appeals, no matter what they tell you. Appeals must be filed in writing.
4) Once you file the appeal Social Security may no longer order any medical records for you. That will be up to you or your attorney. Don't walk into a hearing with a medical file that is not up to date. That will either get you denied or at least postponed for several months. Be sure your medical records get updated regularly.
5) If you appear for your hearing without a representative, don't expect to be taken seriously. The presiding judge will have you sign a waiver that you understand your right to representation and have declined, or will postpone the hearing and give you time to find an attorney.
6) Having a representative at your hearing will only cost you money under two circumstances: One, if you win your claim there is a possibility of a legal fee--but only if you are awarded back pay. If you do not win, there can be no legal fee. If you win but don't receive any back pay, there cannot be a legal fee. It's win-win for you.
7) Your representative's fee is always a percentage of the back pay you are awarded (usually 25 percent). And this has a maximum cap so that the fees cannot become extravagant.
If you live in Decatur or North Alabama, consider calling the Forsythe Firm when you are facing a Social Security denial. We only handle Social Security matters--our specialty. Free consultations are always available and you never pay us any money up front. The Forsythe Firm is a well established local advocacy firm, here to assist you in getting Social Security disability benefits.
(256) 799-0297
Social Security Justice - Website
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