Skip to main content

WHAT TO DO...IF SOCIAL SECURITY DENIES YOUR CLAIM

Social Security disability is just like any other insurance policy:  it denies more claims than it pays.  You must prove that you are disabled under the specific terms and conditions of the policy; in this case, under the Social Security regulations.

Most initial claims are denied under Step 5.  Basically, you are not able to perform your past work but you can perform some other work.

So, what to do?  The first thing is to file for "Reconsideration."  You have only 60 days to do this.  Ask Social Security to reconsider their decision. Be prepared for another denial.  At least 90 percent of these appeals will also be denials.  So, what to do?

File another appeal and request a hearing before a US Administrative Law Judge (ALJ).  At this stage, your claim is more likely to be approved. It will take a few months to get to the hearing.

You are always better off to bring a lawyer with you to the hearing.  In fact, if you show up unrepresented, the judge will recommend that you postpone to give you time to find a lawyer or representative.  The hearing will be rescheduled.

In short, when your disability claim is denied--you should file an appeal within the 60 days deadline.  Keep kicking your claim up the chain until it reaches an ALJ for a hearing.
Labels:

Comments

Post a Comment

Popular posts from this blog

SOCIAL SECURITY PAY INCREASE FOR 2025

  Social Security benefits will increase by 2.5 percent or an average of about $48 per month in 2025.   The Social Security Administration announced the COLA increase on October 10, 2024 which will take effect in January, 2025. The Part B Medicare premium (the part you pay for Medicare) also increased from $174.20 for most beneficiaries to $185 per month. I find it interesting that the government increased the Medicare premium 5.9 percent for 2025 but only gave recipients a 2.5 percent increase in benefits. If you or someone you love needs Social Security disability (SSDI) benefits, contact Charles W. Forsythe at the Forsythe Firm in Huntsville, AL.  I have helped thousands of claimants get approved in the "dumpster fire" process known as Social Security disability.   We charge no fee for consultations or case evaluations.  You will never pay us a fee until after you are approved and received your lump sum past due benefits. Our fees are controlled by the S...
Post a Comment
Read more

HOW TO PRESENT YOUR DISABILIT CLAIM AT HEARING

  When you take your Social Security disability claim to hearing before a judge, there are 3 legal approaches you may try.  Not all approaches are available to every claimant.  Much depends on your age, past relevant work, education and residual functional capacity (restrictions).   Here are the 3 possible ways to be approved: 1.  Prove that you meet or equal a Listing.  Listings are specific medical impairments along with severe symptoms which Social Security will approve and pay automatically.  It isn't enough to be diagnosed with one of these conditions, you must also meet the severity of symptoms shown for each impairment. Only an approved medical source, such as a medical doctor of licensedf clinical psychologist, can certify that you meet a listing.   Note:  Most claimants who qualify for benefits will not meet a Listing.  Before you try to use this approach, become familiar with the Listings in Social Security's Blue Book at ...
Post a Comment
Read more

YOUR CHILDREN MAY ALSO GET DISABILITY BENEFITS!

  Social Security disability may replace some income for adults who become disabled due to a physical or mental impairment.  It may also pay benefits to dependent children who are under 18 years old--or up to age 19 if they are still in high school. Dependent children are usually eligible to receive a benefit in addition to their parent who has become disabled.   Disability has an impact on the entire family.  Children continue to need food, clothing, education and medical/dental care.  Dependent's benefits from Social Security can help cover these expenses for a disabled parent. If your disability claim is being handled by a professional--an advocate or attorney--he/she will be sure to protect your children's rights to benefits.  If you are handling your own claim, be sure to notify Social Security that you have dependent children when you apply for benefits.  When benefits are approved, contact your local Social Security field office (not the he...
Post a Comment
Read more