WHY MOST DISABILITY CLAIMS ARE DENIED

Decisions about disability applications are not made by Social Security directly.  They are farmed out to a state agency called the Disability Determination Service (DDS) in Birmingham, AL which will deny over 70 percent of claims.  Why?

1.  DDS gives each claim a perfunctory review, having never examined the claimant and never having spoken to them in most cases.

2.  DDS errors on the side of denial, not award.  If your claim is not air tight it will be denied for someone higher up the chain to sort it out later.  Usually, if your condition is not severe enough to meet a Listing level impairment, the claim will be denied.  Denials are common as dirt.  We jokingly call DDS the "Disability Denial Service."
3.  The DDS decision is the first, not final, decision on the claim.  In Alabama, denials can be referred up the chain to an administrative law judge (ALJ) for further review and new decision. This is the best chance to get your claim approved.

HERE ARE COMMON PITFALLS TO AVOID AFTER YOUR CLAIM IS DENIED:

• Waiting too long to file the appeal.  You only have 60 days.

• Failing to submit enough medical evidence to win the appeal, including new or additional evidence after the denial date.

• Failure to use the Social Security rules and regulations to your advantage.

• Not knowing what the hearing will be like and what the standard of proof is; going in with just the hope that "someone will believe me and everything will be alright."  It won't if you approach it on that basis.

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THE FORSYTHE FIRM
Social Security Disability Counselors
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806

PH (256) 799-0297