2-STEP APPEAL PROCESS IN ALABAMA

Alabama has now joined all the other states that use a 2-step appeal process for denied disability claims.

The denial rate in Alabama hovers around 75 percent.  Almost 8 out of 10 applications for disability will be denied.

Claimants who eventually get paid are the persistent folks who appeal and keep appealing until the process makes a fair decision.  That's right, many times the decision is just not fair.  The early stages can be mechanical and set up to fail.  The odds get better as you go along.

APPEAL STEP ONE:  Called the "Reconsideration" stage, this first appeal simply sends the denied claim back to the state agency that denied it.  It asks the state to review its decision and reconsider its action.  In all but 5 percent of cases, the state will deny the claim again.  Par for the course....totally expected.

APPEAL STEP TWO:  Called the "hearing stage," this appeal takes you before an administrative law judge who will hold a hearing at which you appear.  You and your representative (attorney) will appear before the judge.  This is the only time you get to appear in person before a decision maker, and the only time you get to bring your attorney along.  This is the absolute BEST place to win your benefits.  The hearing produces more paid claims than any process in the entire system.  Don't fail to take advantage of it.

How Long Does All This Take?

Most claimants will have at least a year in the process by the time they complete the two appeals.  Some will take even longer.  Social Security is not fast.  However, success comes to those who wait and to those who follow an organized and carefully planned path.  There is a lot of work in a disability appeal.  Most of the work centers around medical records and doctor's forms.  The claimant, or his/her representative, must be sure to give Social Security the evidence they need to approve the claim at the hearing level.  It's a legal process with legal requirements.

Many people don't get benefits simply because they don't followup and file all the appeals available to them.  They "drop out" of the process before getting to the place where the system can pay the claim.  Those who win are the ones who stick with it and present a well organized and legal appeal.

 Considering that you may continue to receive monthly disability checks for years into the future, it's well worth staying with the process until you get a good decision.


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