First, let me give you the No. 1 cardinal rule for getting approved for SSDI.
No. 1 Rule: You will be denied, so appeal that denial within 60 days--and get lined up for a hearing. Do not file a new application. File an appeal and get a hearing, in a different office.
A whopping 72 percent of applications in Alabama will get a denial letter that says something like this: "You are not entitled to benefits. This is because "you are not disabled according to our rules."
Notice, it doesn't say that you are not disabled. It says you are not disabled according to their rules. You failed to comply with all of their rules in your application process, so you got denied. It's as common as dirt, happens 7 times out of 10.
Here are some things you must understand about these denials:
- Denials are the normal result of filing a disability application. They are not exceptions, they are the norm.
- Denials are mechanical responses to imperfect applications or lack of medical evidence. Nobody examined you or talked to you. They just sent you a form letter saying you did not prove your disability. So, denied.
- Denials are probably not correct and probably do not give an accurate view of your condition. They probably won't stand up when properly challenged in an appeal.
- Denials are not a reason to fall out of the process and quit. You are just now ready to begin the real fight.
- The only proper response to a denial letter is an appeal--asking for a hearing before an administrative law judge (ALJ).
- Caution: After 60 days, you forever lose the right to file an appeal. So, you must respond by filing your appeal within that 60 day open window. This deadline is very strict. Miss it, and your case is forever dead as road kill.
You can, but it won't get you anywhere--just more delay. The same people will look at the same information and make the same decision--another denial. You are stuck in the Social Security mud and are just spinning your wheels.
To move forward, you must move your claim away from the office that denied it. Your claim was denied by a state agency called the Alabama Disability Determination Service (DDS). Once they deny, they won't change their decision no matter how many applications you file. Get the claim away from these people as soon as possible. Move it out of that office. Get it out of town! Ship it out of DDS just as fast as you can! Get it looked at with a NEW attitude!
When you file an appeal, you literally move your claim away from DDS (the "disability denial service") and send it to an entirely new office called "the Office of Hearing Operations" (OHO), which is the office of federal administrative law judges. One of these judges will schedule a personal hearing and meet with you to have a close, personal look at your case, review all the facts and give you a new decision. This is where you want to be. How do you get there? By filing a timely appeal as soon as you are denied by the DDS. The appeal MOVES your case out of town to a new, more responsive office which has the power to give you a new decision.
Finally, do you need help with the appeal stage of your claim? Yes, I think you do. You will be going up before a federal administrative law judge. You will face a vocational expert at the hearing. You don't know the rules, the law or the procedure. Going in without an expert who does puts you in a grave disadvantage, in my opinion. The hearing is your one (and best) chance to be approved and get your check started. Go in with the strongest case and the strongest team possible. This calls for professional help.
Can you afford professional representation at your hearing?
Yes, you can. Federal law has given you a great advantage. It provides that you cannot be charged upfront for representation. You can't be charged a fee unless two things happen: (A) Your hearing results in a favorable decision. So, if there is no favorable decision, representation Is FREE, by law. (B) You can't be charged a fee unless your favorable decision pays you back pay. Of course, once you have been approved for a good chunk of back pay and also have your monthly check started, you won't mind paying a small fee to the representative who made it happen. (The fee, incidentally, must come out of your back pay; the lawyer can't touch your monthly checks now or ever)!
So, you can appoint the finest, most experienced attorney or non-attorney advocate in the world--and pay them only if you win and only after you get some back pay out of Social Security. This levels the playing field and gives you the same advantage a wealthy claimant would have! And if you do win and get back pay, Social Security law also regulates the amount of the fee that can be charged!
So, here's the No. 1 thing to keep in mind: Getting denied is normal and not a big deal. Appeal the denial during the time limit, get the claim out of DDS and into a new jurisdiction--where the odds are more favorable to you. And get professional representation to help you.
____________
Charles W. Forsythe
The Forsythe Firm
7027 Old Madison Pike - Suite 108
"Across from Bridge Street"
Huntsville, AL 35806
CALL US (256) 799-0297
Free Consultations No Upfront Cost At All Pay a Fee only if recover back pay
SOCIAL SECURITY JUSTICE - GET HELP TODAY
E-Mail Me: forsythefirm@gmail.com
No comments:
Post a Comment