IF YOU'VE BEEN DENIED, APPEAL AND GET HELP

HUNTSVILLE, AL (9/5/18)

Only about one-third of Social Security disability claims are approved at the initial (application) level.  This does not mean your claim can't be paid but there are steps you must take right away.  There are time limits.

1. File an appeal.  In Alabama this means filing Form HA-501 "Request for Hearing by an Administrative Law Judge."  This must be filed within 60 days of the denial letter.

2.  Get help.  Contact an experienced disability advocate or attorney to help prepare for the hearing.  Do this right away.  Your representative will need time to research your case, obtain medical records and do other necessary work to be ready for the hearing.

There is no upfront cost when you appoint a representative to help you.  He or she cannot charge you a fee unless your case is favorably resolved and you collect retroactive payments, also called "back pay."  So, you will only pay for representation if you are successful.  The fee will be a small portion of your back pay, which Social Security will withhold and pay your representative.

Most of the claims approved today are not the result of merely filing an application because most applications are mechanically denied.  Most claims that eventually get approved are paid after a hearing.  And in about 90 percent of those hearings the claimant is represented by an advocate or attorney.
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Charles W. Forsythe
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
CALL ME:  (256) 799-0297

E-MAIL ME:  forsythefirm@gmail.com





Only about one-third of Social Security disability claims are approved at the initial level. Read the denial notice you receive from Social Security carefully — it will tell you what you need to do. Generally, here are the next steps to take:
1) File an appeal right away!
If you are denied benefits at the initial level, you should appeal as soon as possible (within 60 days of the date on the denial notice). In most states, you do this by filing a special form called a Request for Reconsideration. (Some states have no Reconsideration phase. In these states, you must file a Request for Hearing before an Administrative Law Judge.)
2) Request a hearing before an Administrative Law Judge (ALJ)
In the Reconsideration phase, your claim will be reviewed a second time. If you are denied at this phase, you should file a request for an ALJ hearing.
Learn more about Social Security hearings.
3) Request review by the Appeals Council
If your claim is denied at the ALJ hearing stage, you have the right to appeal to Social Security’s Appeals Council. The Appeals Council reviews hearing decisions, and has the power to “remand” or send cases back to judges when they make mistakes. It also reverses decisions in a small share of cases. It can take about a year to get a decision from the Appeals Council.
If your claim is still denied at this level, you can file an appeal in Federal Court.
4) Get help!
You have the right to representation. Consider getting help from a Social Security disability attorney or representative — the sooner the better.
Source: www.nosscr.org/ If You’ve been Denied

Posted in Disability Law