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SOCIAL SECURITY SHOULD BE AWARDING MORE DISABILITY PAYMENTS

If Social Security applied the Medical-Vocational guidelines properly, more people should be awarded disability benefits.  We are seeing that Social Security often does not apply the "grid rules" correctly and deny claims that should have been paid.

  • The Medical-Vocational guidelines (or "grid rules") combine educational level, past relevant work, age and residual functional capacity to determine that a claimant is disabled.  

For example, a 55 year-old individual with a high school education, who has performed unskilled work at the medium exertion level or higher, and who is now restricted to light work--would meet the grid rule for approval.  

That claim should be approved at Step 4 of the evaluation process:  unable to perform any past relevant work and there are no skills transferable to light or sedentary level.

However, we often see Social Security ignoring the rules and finding that the claimant "could perform other work which exists in the national economy."  That is a Step 5 denial--and the claim never should have reached Step 5.  It should have been approved at Step 4.

HOW THIS IS A PROBLEM FOR MANY CLAIMANTS

  • You don't know the Medical-Vocational rules, so you may not be aware that a mistake has occurred.  So you give up.
  • You may feel that your denial is wrong but don't know what to do about it.
  • You think it will cost a lot of money to "fight this in court," so you don't do anything and your 60 day time limit for an appeal runs out.
THIS IS HOW YOU SHOULD RESPOND TO ANY DENIAL
  • Question the denial.  Don't just accept it.
  • Show the denial to an attorney or disability specialist.
  • File an appeal within the 60-day deadline.  It costs you nothing unless you get your money and there is never an upfront cost to you.  Your representative (attorney) can help you file and prepare the appeal to protect your rights
THE WORST THING YOU CAN DO IN A DENIAL SITUATION

The WORST thing you can do is to do nothing.

Almost one-half of the denials issued by Social Security can be won and paid with a properly prepared and persistent appeal.  Almost 50 percent. 

There are a large number of attorney and non-attorney disability specialists who can work for you to help you get benefits, even with a denied claim.  It doesn't cost you anything to get started, and if you win, Social Security will withhold and pay the attorney's fee directly.  If you don't get paid there will never be a fee.

DENIED?  ALWAYS, ALWAYS, ALWAYS APPEAL.


____________________
The Forsythe Firm
Social Security Disability Specialists
7027 Old Madison Pike     Suite 108
Huntsville, AL 35806
CALL (256) 799-0297


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