DISABILITY DENIED: PROBABLY A MISTAKE

If Social Security denied your claim for disability benefits, there is a high probability it was a mistake.

How do I know this?  Because at least one-half of these denied claims will be paid when reviewed by an appeal judge.

When you apply for disability, Social Security sends your file to a state agency called the Disability Determination Service (DDS).  Nobody at DDS ever sees you.  In most cases, no doctor examines you.  Quite often, no doctor even reads your medical file.  A decision that you "do not meet our rules for disability" of often made by a non-medical professional (a clerical worker, basically)--called a "Single Decision Maker" or SDM.

When your case gets to an appeal judge, the opinion of the SDM is entitled to no weight.  If you can present medical evidence that would reasonably restrict your ability to work, your claim is likely to be paid at the appeal level. 

Since the opinion of the agency's Single Decision Maker is entitled to no weight legally, the opinion of your doctor may then be the only opinion in your file.  If so, your doctor's opinion should be "of great weight."  If I were handling your appeal, I would seek to obtain evidence from your treating physician(s) that demonstrates your inability to perform work activities "on a regular and continual basis," the Social Security requirement for disability.

Here's the bottom line:  If Social Security denies your disability claim, appeal immediately.  Your chances just get better with the appeal.

Remember, there is a strict 60 day deadline to file the appeal.

Unfortunately, I see cases regularly that could have probably won on appeal--but the claimant failed to appeal within the deadline.  Failure to appeal in a timely way may cost you to wait months or years while you file a new application and wait for it to go through appeals.  In some cases, failing to appeal a claim leaves you in a position in which you cannot even file a new claim because your "date last insured" has expired.

Don't Delay.  Appeal Today.

Your odds just get better when you appeal.

In fact, your odds are about twice as good on appeal compared to  the original application level.

THE FORSYTHE FIRM
Social Security Disability Representation
"Free consultations - No fee unless you win"
Huntsville, AL

Call Us  (256) 799-0297

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