WHY AN APPEAL IS SO IMPORTANT IN DISABILITY CASES

Once in a while a disability claim gets approved without a hearing.  But rarely.

Most disability claims at Social Security these days get approved AFTER a hearing or appeal.  That is the number reason to file an appeal; you aren't likely to ever be approved without it.

Other reasons to file an appeal:

1.  It's the only time you will get to meet face-to-face with a decision maker who has the power to approve your claim.  All other decisions are made in your absence -- but you get to appear at your hearing.

2.  You can be represented by legal counsel at your hearing.  Your attorney or legal representative can offer valuable help to you at your hearing (and before the hearing).  Judges depend on representatives to develop the case, gather evidence and inform the claimant of the process and procedure that will occur at the hearing.

3.  It costs you nothing to file an appeal.  Even if you obtain legal representation, you cannot be charged a fee simply for filing an appeal.  Legal fees are paid out of past due benefits collected if you win.  If you lose, no fee is payable.

4.  The appeal is the best way to protect your past due money and other benefits, including Medicare eligibility.  Filing a new claim does not protect your interests under the older, original claim.

5.  A new claim will likely meet the same fate as the old claim--a denial.  The same people will look at the same evidence and give you the same decision--another denial.  Your odds are better with an appeal.

6. Failure to appeal may cause you to run out of options.  You can become uninsured and lose the ability to file new disability claim.  Each person has a "date last insured," which is the date they are no longer covered for SSDI benefits.  So, you can't just keep filing new claims forever.  Eventually, you reach a deadline and can no longer file.

A big word of caution:  There are legal restrictions on filing an appeal. The big one is:  You must appeal a denial within 60 days.  This is a very strict deadline.  Miss it and your claim dies and cannot be appealed.  60 days.  No more.

60 days.

I frequently get calls wanting to appeal a denial that is has missed the deadline by just a few days.  If you miss a deadline by 10 days, you may as well have missed it by a year in most cases.

Too many claimants simply give up when they get a denial letter.  They assume that if Social Security says they are not eligible, that's just the end of it.  It isn't.  It's really the beginning.  The appeal starts the process by which you have the greatest chance of success.
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The Forsythe Firm
Huntsville, AL 35806
PH (256) 799-0297

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