Friday, September 21, 2018

ODDS OF GETTING DISABILITY: 20 PERCENT VS. 50 PERCENT

If you go by the national averages, the odds of getting Social Security disability with a simple application is only about 20 percent.

The odds of getting disability benefits with an appeal hearing is about 50 percent.

The no-brainer conclusion is:  Always file an appeal because that's where the benefits get paid!

But, I hear you saying, an appeal is a whole lot of trouble!

Yes, it is.  But it can pay you over half a million dollars during the remainder of your lifetime.  It can make the difference between living in financial desperation and being fairly independent and secure.

Getting a disability check is not where most people want to be.  However, if a severe illness or injury has made you unable to keep working, disability benefits are a lot better than no income.  And the Medicare benefits that come with a disability award can help you continue to get top medical care and treatment, even from specialists.

Social Security has become the gateway for most persons with disabilities not only to survive but to actually continue their independence and way of life. 

But we must approach disability benefits with a couple of very clear understandings:

1.  Over 75 percent of initial applications for benefits will be denied using a very mechanical process of elimination.  State agencies called the Disability Determination Service will deny the vast majority of applications.  So, don't expect too much with your application.

2.  After you file an appeal, you will get a personal hearing before an administrative law judge (ALJ).  Your odds are much better here if you can provide objective medical evidence that you are no longer able to work.

In conclusion, if you have been denied Social Security benefits, get a lawyer-advocate and file an appeal.  (Appeals must be filed within 60 days of the denial or you lose appeal rights).  Virtually everyone, almost without exception, should appeal a denied claim, assuming that you meet the basic technical rules for benefits, such as......

  • You have the work credits needed to be covered by the Social Security Act; and
  • You are not currently working at substantial gainful activity.
Even persons who don't have sufficient work credits for an SSDI claim may be able to file a claim for Supplemental Security Income (SSI), which doesn't require work credits.

______
 Charles W. Forsythe
The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297

EMAIL ME:  forsythefirm@gmail.com

 

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