You applied for Social Security disability. They sent you to a doctor for an examination, then denied your benefits. Should you assume that Social Security made the correct decision? No. You should assume they made a bad decision.
Close to one-half of those denials will be overturned on appeal. In more than 40 percent of denials which are appealed, a judge will review the evidence and overturn the denial to award full benefits to the claimant.
Never assume a denial by Social Security is correct. Assume it is wrong and can be overturned.
What is the biggest mistake you can make after being denied by Social Security? Failing to appeal the denial within 60 days is the single biggest mistake you can make.
What are the risks if I appeal and lose? There is no risk. In an appeal, you have everything to win and nothing to lose. If you do not win the appeal, your legal representation is free. You cannot be charged a representative's fee unless you win. And any attorney's fee must come out of past due benefits that you win during the appeal. No past due benefits, no fee. So it is win-win for you.
"Always assume that a denial of benefits is wrong and can be overturned on appeal."
For help with a Social Security disability denial (or to file a new application), contact the Forsythe Firm in Huntsville at (256) 799-0297. We cover all costs of appeal until you win. (256) 799-0297.
A Guide for Successful Social Security Disability Applications in Huntsville & N. Alabama. (256) 799-0297
Thursday, November 17, 2016
WHY SOCIAL SECURITY'S DOCTORS GET OVERRULED IN COURT
When an individuals file for disability, Social Security will often send them to be examined by one of their own doctors who work under contract. In most instances, the Social Security doctor will not find any disabling impairment and the benefit will be denied. This happens more often than not. But are these "consultative examinations" fair, thorough and adequate? Chances are, the answer is No to each of these questions.
Here's what you should know about consultative visits to Social Security doctors:
1) The visits are brief, superficial and often inadequate to find any serious disease or disabling impairment, even if one is present.
2) Social Security is usually required by law to give more weight to the opinion of your own doctor than to the consulting doctor they send you to. In failing to do this, Social Security may have set themselves up to lose an appeal if you push the denial to the appeal level (which you certainly should).
3) The Social Security doctor who examined you is probably not a specialist. Even if he or she is a specialist, probably not a specialist in your disabling condition. For example, if you are disabled by arthritis and the doctor who examines you is a dermatologist, he is certainly not a specialist in your disease. Therefore, his or her opinion may not be worth very much in court. If you have been examined and treated by a rheumatologist (who is a specialist in Fibromyalgia), that doctor's opinion may overrule the opinion of the dermatologist from Social Security.
These factors will never come out except at the appeal. If you don't appeal, you may be stuck with an unfair denial that could easily have been overturned in court (at a hearing). This happens more often than not. Cases that could easily have been won at appeal are allowed to be denied simply because the claimant did not appeal, or did not appeal within the 60 day deadline allowed.
If you have recently been denied Social Security disability benefits (with or without a doctor's examination), we urge you to appeal now. You do not need to understand the system or the law. Simply appoint a representative who does. You will not pay any fees or costs unless you win your case and receive the back pay that was wrongly denied. There is no risk.
For help making sure Social Security has treated you fairly and given you every benefit you are entitled to, contact the Forsythe Firm in Huntsville. Phone (256) 799-0297.
PHONE (256) 799-0297 WEBSITE: www.ForsytheFirm.com
7027 Old Madison Pike NW, Suite 108
Huntsville, AL 35806
(256) 799-0297
CLICK HERE TO SEE OUR "HUNTSVILLE DISABILITY GUIDE"
Here's what you should know about consultative visits to Social Security doctors:
1) The visits are brief, superficial and often inadequate to find any serious disease or disabling impairment, even if one is present.
2) Social Security is usually required by law to give more weight to the opinion of your own doctor than to the consulting doctor they send you to. In failing to do this, Social Security may have set themselves up to lose an appeal if you push the denial to the appeal level (which you certainly should).
3) The Social Security doctor who examined you is probably not a specialist. Even if he or she is a specialist, probably not a specialist in your disabling condition. For example, if you are disabled by arthritis and the doctor who examines you is a dermatologist, he is certainly not a specialist in your disease. Therefore, his or her opinion may not be worth very much in court. If you have been examined and treated by a rheumatologist (who is a specialist in Fibromyalgia), that doctor's opinion may overrule the opinion of the dermatologist from Social Security.
These factors will never come out except at the appeal. If you don't appeal, you may be stuck with an unfair denial that could easily have been overturned in court (at a hearing). This happens more often than not. Cases that could easily have been won at appeal are allowed to be denied simply because the claimant did not appeal, or did not appeal within the 60 day deadline allowed.
If you have recently been denied Social Security disability benefits (with or without a doctor's examination), we urge you to appeal now. You do not need to understand the system or the law. Simply appoint a representative who does. You will not pay any fees or costs unless you win your case and receive the back pay that was wrongly denied. There is no risk.
For help making sure Social Security has treated you fairly and given you every benefit you are entitled to, contact the Forsythe Firm in Huntsville. Phone (256) 799-0297.
PHONE (256) 799-0297 WEBSITE: www.ForsytheFirm.com
7027 Old Madison Pike NW, Suite 108
Huntsville, AL 35806
(256) 799-0297
CLICK HERE TO SEE OUR "HUNTSVILLE DISABILITY GUIDE"
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