At least 42 percent of all denied claims are mistakes and can be corrected and paid!A denied claim is not the final decision. There's a very good chance that it is not the correct decision.
Social Security has a process of finding, correcting and paying claims that were denied in error. It's called the appeal.
By appealing a denied claim, you kick it up the chain of command and it lands on the desk of an administrative law judge or ALJ. The ALJ will review the entire body of evidence and give you an opportunity to appear personally before him/her to answer questions. You may also submit new or additional evidence. Your attorney or representative may appear with you and explain why your claim should be paid. You may also claim past due benefits that were wrongfully denied.
There is a strict 60-day deadline to file an appeal. My rule is, "Appeal now, talk later."
Q. What if I can't get all my medical records within 60 days?
A. You don't need to. File the appeal right away. You will have several months to submit medical records or other evidence--because your hearing won't be scheduled for months after you file.
Q. What if I hire a representative to help me and I never get approved? Will I owe thousands of dollars in legal bills?
A. No. It cannot happen. Social Security regulates that fees that your attorney or representative can charge. You may only be charged a fee if you win your claim and collect past due benefits. Otherwise, you cannot be charged a fee, neither can you be charged for any expense the representative incurs in helping you.
Q. Can't I simply represent myself in the appeal?
A. Yes, of course. But this puts you at a disadvantage because you will be the only non-professional involved in the process. The judge is a pro, the vocational witness is a pro, the medical expert (if any) will be a pro. Going in alone and unrepresented is not a good idea if you are serious about winning disability benefits and back pay. It's a legal proceeding, complicated and technical, and you should have someone there who understands the issues and has experience in getting a favorable resolution.
My firm offers free consultations, help with every aspect of your appeal and we will attend the hearing as your representative. If you win, Social Security will approve a small percentage of your back pay as our fee. If you do not win, or if there is no back pay to be recovered, you will owe us nothing--now or ever.
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