Wednesday, July 22, 2020

WHAT IF SOCIAL SECURITY TURNS YOU DOWN?

Social Security denies most claims.  In fact, it sometimes seems like a denial machine.  Just because you were denied doesn't mean you aren't qualified for a disability benefit.  It means you have to move to the next level--with an appeal.

The first appeal, after the denial, is called "Reconsideration."  You can expect it to be denied, also.  The denial rate at this stage is over 95 percent, so very little hope at "Reconsideration."

The second appeal takes your case before a judge--called an Administrative Law Judge.  His or her job is to give your case a thorough, personal review and determine if you meet the federal requirements for a disability benefit.  The approval rate at hearings averages around 45 percent.  Much better odds.

What Can You Do To Help Yourself When You've Been Denied?

1.  File your appeal within the 60 day deadline.  This is a strict deadline.

2.  Keep seeing your doctors regularly and follow medical advice.  Keep taking your medications and follow all recommended treatment.

3.  Be sure the office handling your appeal receives copies of all your medical records.  If you are not represented, it is your responsibility to notify Social Security of your ongoing treatment, then check to be sure all medical records are turned in.

4.  Gather as much additional non-medical evidence as you can.  If you had trouble performing your last job due to medical issues, ask your prior supervisor to write a letter detailing the problems you experienced. 

5.  Try to research and understand what your burden of proof is.  Discover how age, past work and education will affect your decision.

6.  If you decide to use an advocate or attorney to help you with your hearing, don't wait until the last minute to get one.  Putting together a good case for hearing can take 6 months or longer.  You hurt yourself if you wait too long to bring your representative on board.

Finally, keep your representative up to date on your medical treatment, employment (if you work part-time) or anything that might affect your case.
______________________
The Forsythe Firm
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
"Across from Bridge Street"
CALL (256) 799-0297

Email Us:   forsythefirm@gmail.com




No comments:

Post a Comment