Huntsville and Decatur appeals are handled by the Florence hearing office. Once your claim has been denied, it takes over a year to get a hearing scheduled in most cases. The good news is, you can ask for back pay and recover one month of benefits for each month you had to wait to get a favorable decision.
If you are considering a Social Security disability claim, you may file in one of the following ways:
1) Online at www.socialsecurity.gov. Click on the Disability icon and fill in the blanks. The application is long and detailed.
2) In person at any Social Security office. Locations and phone numbers are listed below.
3) Get an attorney or advocate to file the application for you. You can't be charged just for filing the application. The Forsythe Firm is one of the few advocates in North Alabama that will help you file the initial application (if they agree to represent you). (256) 799-0297.
Some Social Security offices in North Alabama are:
Huntsville Social Security Office
4970 Research Drive NW
Huntsville, AL 35805
PHONE (866) 593-0665
Decatur Social Security Office
717 McGlathery Lane
Decatur, AL 35601
PHONE (888) 289-9185
Cullman Social Security Office
1980 Commere Ave. NW
Cuillman, AL
PHONE (800) 772-1213
Albertville Social Security Office
412 Martling Road
Albertville, AL 35951
PHONE (800) 521-0073
The disability application process can be long and complicated. Therefore, it may help you to seek professional advice before applying. A knowledgeable advocate can make sure that you meet the basic requirements for SSDI and that your application is complete, accurate and free of mistakes that can cause a denial.
If you are denied during the initial stage of the application process (as about 70 percent will be), you will need to request an appeal hearing before an administrative law judge (ALJ). Most of the cases that we see approved these days are approved by judges, not by filing an application. So it is very important to appeal a denied claim. The law only gives you 60 days to file an appeal once your claim has been denied.
There are eight administrative law judges that handle appeals out of the Florence Office of Hearings Operations. They are:
| ALJ | Approval Rate |
| Digby, Patrick R. | 31% |
| Green, Gloria W. | 56% |
| Grimes, James | 36% |
| Lewis, Jason A. | 52% |
| Richey, Mallette | 43% |
| Weaver, Cynthia G. | 17% |
| Williams, Lori J. | 36% |
| Wright, Douglas A. | 73% |
The judge handling your case will be assigned randomly; you can't choose the judge. However, your attorney or advocate will know the judges and have experience in presenting cases before them. This can help in preparing the appeal in a way that the particular judge prefers.
The burden of proving disability rests on the claimant. You must present acceptable evidence that you qualify for a benefit according to the rules and regulations of the Social Security Administration. Many claimants get into trouble because they don't know the rules and regulations of the Social Security Administration; therefore, they don't know how to prove that they qualify for a benefit. It isn't a matter of being disabled. It's a matter of proving that you are disabled.
HOW DOES AN ATTORNEY/ADVOCATE GET PAID FOR HIS/HER SERVICE?
Social Security dictates how attorneys (called "representatives") can be paid. They can only charge you a fee if you win your case and it results in back pay for you. The attorney's fee must come out of the back pay settlement. The fee is limited to the lesser of 25 percent of the back pay or $6,000, whichever is smaller.
If you do not qualify for any back pay, the representative's services are provided free and you don't pay any expense.
You monthly benefit can never be reduced because you had an attorney/representative.
No comments:
Post a Comment