In 2016, Social Security denied approximately two-thirds of all disability claims. But....
42 percent of those denials were made in error. When a higher official reviewed the denials on appeal, 42 percent were approved and paid (usually with back pay).
A 42 percent error rate is substantial. Here is what the numbers tell me:
Never assume that a denial of disability benefits by Social Security is the correct decision. Never assume that it is the final decision. It is probably not a correct decision and it most certainly is not the final decision.
How should denied claims be handled? The answer is by an appeal. When you appeal a Social Security denial, you kick it up the ladder to the desk of an administrative law judge (ALJ). This ALJ will review all of the evidence, provide you with an opportunity to appear before him/her, submit new evidence and then give you an entirely new decision based on the hearing. As I have stated, 42% of those hearings result in the denial being overturned and benefits being paid, often with back payments. (42% is the national average).
So, an appeal of your denied claim is very worthwhile. It is your best chance of getting disability benefits. You must appeal a denied claim within 60 days. This is a strict deadline.
The appeal process is a legal process--complex, confusing and challenging. That's why hundreds of thousands of denied claimants turn to advocates to assist them with appeals.
The Forsythe Firm will provide you with a free evaluation of your case without obligation. If you appoint us to represent you, an experienced and knowledgeable local advocate will guide your claim at every step. There will never be a fee or cost to you until your claim is approved, paid and back pay is awarded. If you are not approved, there is no charge, ever.
PHONE (256) 431-1599 PHONE (256) 799-0297
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