The usual result of filing a disability application is not payment, but denial. You need to know how to deal with a disability denial.
If you are denied, you have 60 days (a firm deadline) to file an appeal. This is the correct action. Most claims do not get paid at the application stage; they are paid at the appeal stage. You may file an appeal online, by calling the local Social Security field office, or though an attorney or Social Security disability advocate.
I know this sounds crazy, but 95 percent of appeals will be denied initially, in the "Reconsideration" process. I consider "Reconsideration,"(the first appeal) just a hoop you must jump through to get to the next level." You can't skip it, so file an appeal asking for "Reconsideration." Expect to be denied again.
Within 60 days after your "Reconsideration" is denied, you must file the "real appeal." This appeal requests a hearing before a US Administrative Law Judge (ALJ). The hearing is where most claims get paid, if they ever do. It's your absolute best chance to get a fair hearing and get approved.
I recommend an attorney or non-attorney disability specialist at the beginning of an appeal process. There is evidence that having a specialist involved in your claim increases your chance of winning by up to 75 percent. You only get one hearing, so there is no chance to go back and do something over if you fail the first time.
Since you are going before a federal judge, it makes sense to be represented by a professional who has been there hundreds (or thousands) of times and knows what to expect. Your representative also knows what must be proven, and how to prove it.
You can talk to an attorney or advocate for free. Even if you "hire" a representative to help you, you cannot be charged any fee or expenses unless you WIN and collect BACK PAY from Social Security. When that happens, Social Security will pay the attorney directly, using a small percentage of your back pay. You will keep 100 percent of future benefits forever. If you don't receive any back pay, the attorney gets no pay--and his/her service has been free, according to the law.
So, let's recap the following points of how to deal with Denials:
1. Appeal within 60 days. This will not be extended. 60 days.
2. If denied again, appeal again and ask for a Hearing. Same 60 day rule here.
3. Appoint an attorney or advocate to build your case and represent you--going with you to the hearing to protect your rights. The attorney gets paid only if you receive back pay. If you don't win, you don't pay.
It usually takes 2 appeals to get a Social Security disability claim paid. It's a process that can be long, difficult and technical. It is beyond the ability of most claimants without some help. Remember, you can call and talk to a professional representative at no cost, no obligation.
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