You can appeal a Social Security disability denial, often with positive results. On average, about 50 percent of denied applications get approved and paid on appeal. So, everyone should appeal--especially if denied on medical grounds -- when Social Security says "You are not disabled according to our rules." This is often boilerplate nonsense which will be overturned by a judge on appeal.
But it can take up to a year to get a final decision on appeals. 109,725 claimants died while waiting on a final decision between 2008 and 2019. 1.2 percent of claimants during the same time period filed for bankruptcy.
The good news is, if you can wait it out you can often get paid for all the months it takes Social Security to get it right. This is called "back pay." Back pay accumulates each month while a claimant waits on Social Security to finish the appeal process or have a hearing.
In Title 2 (SSDI) claims, if a claimant dies before a favorable decision is made, their heir or next of kin may be paid the past due benefits. They file a petition asking the government to allow them a "substitute party" designation. Unfortunately, no substitution of party is allowed in Supplemental Security Income (SSI) claims.
I don't think the appeal system was originally intended to be the way most claims get decided. However, it has turned into that. If you are denied there are 3 important things to do: Appeal, Appeal, Appeal.
You can get an attorney or advocate to handle your appeal (highly recommended) with no upfront cost or obligation. The lawyer gets paid only if you win, and only if you collect some back pay. Social Security limits the legal fee that can be charged, which is always a small percentage of the back pay. If you don't get back pay, you don't pay.
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The Forsythe Firm Huntsville, AL CALL (256) 799-0297 Free Consult
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