There are over one million individuals in the US with a disability appeal pending at the Social Security Administration. There are over 10,000 attorney and non-attorney advocates representing these claimants. Even a quick analysis of the numbers is enough to prove some facts about the Social Security disability program.
Fact 1. Over 1 million claimants were denied by Social Security, which is why there are so many claims waiting for a hearing.
Fact 2. Many of these claims will be approved in the appeal process. Otherwise, attorneys and advocates could not afford to labor for months or years on these appeals because they would not get paid for doing so.
Fact 3. If you put Fact 1 and Fact 2 together, the obvious conclusion is that hundreds of thousands of disability claims were recently denied that should have been approved in the first place. Otherwise, an appeal process would be a waste of time.
Conclusion: Social Security disability claims are seldom approved at the first step. Getting an approval requires skill and knowledge of the appeal process. The claimant should be represented by a professional who understands evidence, regulatory processes, burden of proof and how to present a legally sound case that can be paid by an administrative law judge.
If a case is not paid at the hearing level, the representative should have laid a foundation for further appeals that may give the claimant a chance of recovering benefits from the Appeals Council or, in some cases, in a Federal District Court.
So, in one sense, it's quite a shame that a disabled person needs a legal representative to help him or her get disability benefits. In the practical sense, however, that is the system we are dealing with. The reality is that you will probably need an experienced legal representative to help you collect the benefits to which you are entitled. There are just too many errors you can make if you try to "go it alone." You don't know what you don't know--and walking blindly through the Social Security disability process is like walking through a mine field blindfolded. You might win but the odds are highly unfavorable.
"Good Representation Isn't Expensive. It's Priceless."
The Disability Determination Service (DDS) is located in Birmingham, AL. This is a state run agency contracted by Social Security to examine disability claims and make the initial decision as to whether a claimant meets the rules for disability benefits. Here are some of the things DDS typically does with a new claim:
- Order records from doctors and other medical providers
- Analyze medical records to determine what conditions/impairments you have
- Schedule any medical exams that they feel you need
- Obtain your past work history and classify your past relevant jobs
- Determine what your Residual Functional Capacity (RFC) is
- Decide whether you are eligible for benefits under Social Security rules
- Deny a majority of claims that they review (About two-thirds of all claims)
WHY THE DDS IS LIKELY TO DENY YOUR DISABILITY CLAIM:
- Their track record is a denial rate of over two-thirds. It speaks for itself.
- DDS will likely decide that you can perform some "other work," even if you are not able to perform past relevant jobs (A Step 5 Denial).
- DDS will nearly always establish a "Residual Functional Capacity" that is unrealistic for you and which permits you to still perform some type of work.
A key idea that we try to communicate here at the Forsythe Firm is: A denial by the DDS is not the end of the claims process, it is just the beginning. We hope for the best but prepare for the worst, realizing that DDS is a denial machine, churning out denials to even well qualified claimants in wholesale numbers. That's what we're here for. Contact us as soon as you are denied and we will begin an immediate appeal to the next level, helping to preserve your rights, obtain an approval of your claim and collect the back pay you deserve.
There is no fee for any service we provide unless you win your claim and collect back payments dating back to the date you first became disabled (your alleged onset date or amended onset date). We are LOCAL Social Security disability advocates, located across from the Bridge Street Town Centre in Huntsville. Call us locally at (256) 799-0297 or visit www.ForsytheFirm.com
Definition of Disability: One or more severe and medically determinable impairments which has lasted, or can reasonably be expected to last at least 12 consecutive months or end in death-- and which prevents you from performing full-time work activity. You cannot receive any disability benefit if you are currently working at substantial gainful activity, no matter how severe your impairment is.
When Should You Apply for Disability? You should apply as soon as you are diagnosed with a disabling condition which can reasonably be expected to last for a minimum of 12 consecutive months. Note that Social Security does not provide a disability benefit for conditions lasting less than 12 months.
How Do You Apply? If you are filing a regular SSDI claim, you may file online at www.socialsecurity.gov. Or you may contact a local Social Security office for assistance. If you feel you need a representative, advocate or attorney to help you, you may contact someone to help you file your claim.
How Long Will a Decision Take? The initial decision will typically take 3 to 4 months, sometimes longer. Records have to be obtained from your treating doctors and other providers and this can take some time.
What if You Are Denied? It is not uncommon to be denied. In fact, over two-thirds of all applications that are filed in Alabama will be denied. You have 60 days to file and appeal, which amounts to requesting a hearing before an administrative law judge. An appeal is not the same as filing a new claim. If you have questions about an appeal or how to present evidence for your appeal, you may wish to consider obtaining representation.
How Long Does the Appeal Take? Getting a hearing can take 12 to 18 months. For most claimants there is no way to get a quick appeal hearing. Exceptions are made for certain disabled veterans and individuals with dire need. The rules for dire need, however, are very restrictive.
Does Drug Addicton or Alcoholism Count as a Severe Impairment? No, the Congress has made drug addiction and alcoholism ineligible for Social Security disability if they are the only impairments. If a person has an unrelated (immaterial) impairment, he or she may still get disability in spite of drug addiction or alcoholism, as long as those conditions are not material to the other impairment(s). For example, an individual who has brain cancer could be found disabled even if he is an alcoholic because alcoholism did not cause or contribute to the brain cancer.
What Does it Cost to Get a Representative or Attorney? Representatives do not charge you a fee unless you win your claim and it results in the recovery of back pay or past due benefits. In that event, a fee that you have already agreed to will be deducted from your back pay. If you don't win, or don't receive any back pay, there is no fee due.
Is the Forsythe Firm Affiliated with Social Security or the US Government? No. The Forsythe Firm is a privately owned professional firm that represents claimants and works for claimants. We are not affiliated with the Social Security Administration.
