STAYING THE COURSE WHEN DENIED
You have probably heard that Social Security disability is a series of frustrations, ups and downs, and disappointments. Sadly, most initial disability applications are denied. If a person is feeling downtrodden already, a denial may be enough to make him or her give up and quit. Don't let that happen to you.
You have to stay the course. The US government has designed a disability program (Social Security) that isn't easy to navigate and requires several steps to be successful. For most folks, it simply isn't going to be quick or easy.
Based on state averages in Alabama, here's what to expect on the typical case (yours might be different):
APPLICATION: You will wait 3 to 5 months and over 75 percent of these are denied by mail. Exceptions are usually for individuals with catastrophic medical conditions that clearly and without doubt disable them. Persons over 55 have an advantage, too. If you get a denial, file a written appeal within 60 days. It's what you must do.
RECONSIDERATION: The first appeal is called Reconsideration. It takes up to 3 months in Alabama. The office that denied your application will look at the case again. This is a required step; you can't skip it. Unfortunately, in 95 percent of cases, they will issue another denial. What has this done for you? It's put you in position to file another appeal that actually may do you some good.
HEARING: The second appeal puts you in line for a hearing before an administrative law judge. You and your attorney get to appear personally at this hearing. This hearing is your absolute best chance for approval. Once your claim has been denied, this is the moment you have been waiting for. Everything else has been done just to get you to this point. Prepare well for this hearing. It is the only one you will get in the entire process. For most, it's a once-in-a-lifetime experience. Consider getting an attorney, who won't cost you a cent unless you win.
Some things I always have prepared in advance of a hearing:
1. New medical evidence. The judge needs recent records of doctor's visits, lab work, imaging studies, hospitalizations, etc.
2. Doctor's "medical source statements," which are your doctor's opinions about the claimant and his/her limitations. Note: Social Security will almost never get one of these).
3. Analysis of the claimant's past work, going back the required 15 years. The judge and vocational expert will use this to determine if the claimant can perform any past jobs. This is especially vital for any claimant age 50 or over because of the grid rules, which can help get a favorable decision. The judge needs to know (a) the exertional rating of each job and (b) the vocational preparation or training required for each job, that is, the skill level.
4. Preparing the claimant to testify. What will happen at the hearing? What kind of questions will you be asked? What should you do/not do at the hearing. What is our strategy? That is, what is our plan to show the judge that we meet all the rules for a disability benefit? Can we win with grid rules, Listings or do we need another strategy? Which medical evidence has the priority? The claimant must not go into the hearing unprepared.
5. Solution to problems. There are many problems that can come up during a hearing. Some of them can be seen ahead of time and eliminated or prepared for. For example, the claimant worked for 1 month after applying for disability. Or, the claimant received some unemployment benefits after becoming disabled. Knowing that such things may present problems, steps can be taken to address the problem.
I hope if you have been denied recently, you will contact my office about your appeal. Don't put it off because the government is very serious about the 60-day deadline to file an appeal. You can't wait longer than 60 days. There are things you should know. We will speak to you on the phone or set up an office appointment, free, and without obligation. Even if we don't represent you we can give you valuable direction in what needs to be done to stay the course.
You have to stay the course. The US government has designed a disability program (Social Security) that isn't easy to navigate and requires several steps to be successful. For most folks, it simply isn't going to be quick or easy.
Based on state averages in Alabama, here's what to expect on the typical case (yours might be different):
APPLICATION: You will wait 3 to 5 months and over 75 percent of these are denied by mail. Exceptions are usually for individuals with catastrophic medical conditions that clearly and without doubt disable them. Persons over 55 have an advantage, too. If you get a denial, file a written appeal within 60 days. It's what you must do.
RECONSIDERATION: The first appeal is called Reconsideration. It takes up to 3 months in Alabama. The office that denied your application will look at the case again. This is a required step; you can't skip it. Unfortunately, in 95 percent of cases, they will issue another denial. What has this done for you? It's put you in position to file another appeal that actually may do you some good.
HEARING: The second appeal puts you in line for a hearing before an administrative law judge. You and your attorney get to appear personally at this hearing. This hearing is your absolute best chance for approval. Once your claim has been denied, this is the moment you have been waiting for. Everything else has been done just to get you to this point. Prepare well for this hearing. It is the only one you will get in the entire process. For most, it's a once-in-a-lifetime experience. Consider getting an attorney, who won't cost you a cent unless you win.
Some things I always have prepared in advance of a hearing:
1. New medical evidence. The judge needs recent records of doctor's visits, lab work, imaging studies, hospitalizations, etc.
2. Doctor's "medical source statements," which are your doctor's opinions about the claimant and his/her limitations. Note: Social Security will almost never get one of these).
3. Analysis of the claimant's past work, going back the required 15 years. The judge and vocational expert will use this to determine if the claimant can perform any past jobs. This is especially vital for any claimant age 50 or over because of the grid rules, which can help get a favorable decision. The judge needs to know (a) the exertional rating of each job and (b) the vocational preparation or training required for each job, that is, the skill level.
4. Preparing the claimant to testify. What will happen at the hearing? What kind of questions will you be asked? What should you do/not do at the hearing. What is our strategy? That is, what is our plan to show the judge that we meet all the rules for a disability benefit? Can we win with grid rules, Listings or do we need another strategy? Which medical evidence has the priority? The claimant must not go into the hearing unprepared.
5. Solution to problems. There are many problems that can come up during a hearing. Some of them can be seen ahead of time and eliminated or prepared for. For example, the claimant worked for 1 month after applying for disability. Or, the claimant received some unemployment benefits after becoming disabled. Knowing that such things may present problems, steps can be taken to address the problem.
I hope if you have been denied recently, you will contact my office about your appeal. Don't put it off because the government is very serious about the 60-day deadline to file an appeal. You can't wait longer than 60 days. There are things you should know. We will speak to you on the phone or set up an office appointment, free, and without obligation. Even if we don't represent you we can give you valuable direction in what needs to be done to stay the course.
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