SOCIAL SECURITY DENIED CLAIMS: HOW TO DEAL

Like everything else in life, the process for claiming Social Security disability benefits is a far cry from perfect.  Mistakes are made and legitimate claims are frequently denied.  I tell my clients, "Expect to be denied.  Then we will deal with it."

When an insured worker becomes disabled, he or she suddenly loses the income they used to make mortgage payments, utility bills, pay the doctor or buy food.  Many of them risk losing their home, car and going on welfare.  And welfare is surprisingly difficult to get and limited in what it will do.  So, Social Security disability checks are what disabled workers depend on to survive.

Then comes that awful letter that says, "You are not entitled to a disability benefit.  This is because you are not disabled according to our rules."

"...according to our rules" is the big problem.  Social Security eligibility is governed by the Social Security Act of 1935, as amended; and also by the 20 Code of Federal Regulations, and also by hundreds of federal court decisions that have amended, eliminated or added to the regulations.

You'd have to be a lawyer to understand it.  Literally.  That's why there is an entire legal industry these days built around helping people get their disability benefits.

So, when that disappointing denial letter comes, what do you do?

You file an immediate appeal and ask for a hearing before an administrative law judge.  Yes, the law provides the right to a hearing.  They cannot say no.  The law does set a deadline to file the appeal:  60 days.  Miss the deadline and the right to an appeal is gone.

Next, your begin to prepare a way to win the appeal.  Filing it is easy.  Winning it is harder.  The judge will want certain technical issues to be met, and you must present acceptable medical evidence.  It's not just walking into court and telling your story.  If it isn't in the medical record, it didn't happen.  Even medical records may not be enough.  

Do you need a lawyer or legal representative?  Yes, I think you do.  Most judges think so, too.  The truth is, judges don't take unrepresented claimants very seriously.  And judges know that the claimant knows absolutely nothing about Social Security law or regulations.  Judges don't want to spend the entire hearing saying things like, "Yes, Mr. _____, but that doesn't matter because the law doesn't allow me to consider that."

Judges had much rather deal with attorneys or experienced advocates who know the regulations and can provide what is needed to adjudicate the case quickly and efficiently.  They also want to know that the rights of the claimants are being represented.

When their claim is denied, some claimants are tempted to file a new claim.  This is usually wrong for them on so many levels.  The first thing that's wrong with it is that the new application will nearly always meet the same fate as the original:  another denial--just several months later.

So, in 2019, the NORMAL path for getting Social Security disability benefits is as follows:

1.  File a complicated, complete application and wait 4 or 5 months for a decision.

2.  Get denied (a 70 percent probability) on average.  "You are not disabled according to our rules."

3.  File an appeal and attend a hearing before a judge.  The approval rate is better here, if you have a legitimate disability.  If not, nothing will save you.

There is all kind of help available for persons needing to appeal Social Security denials.  There must be 50 local attorneys who will work on these cases with no upfront money and a contingency fee.  This means you pay nothing now and only pay a fee if your case is successful and you receive accumulated back pay.
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The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
CALL (256) 799-0297

SOCIAL SECURITY JUSTICE