Thursday, February 27, 2020

I JUST GOT A DENIAL LETTER, NOW WHAT?

I just received a denial letter from Social Security.  It says:

You do not qualify for a disability benefit.  While the evidence shows that you are not able to perform your past work, you are able to do most activities.  Therefore, you are able to perform some types of work.

What should I do now?

File an immediate appeal.  This is called a "request for reconsideration."  By law, you have 60 days to file; however, there's no reason to wait that long.

In about 98 percent of Reconsideration appeals, the claim is denied for a second time.  (Reconsideration in Alabama is currently taking about 4 to 6 weeks).

When your reconsideration appeal is denied, file another appeal at once.  This appeal sets you up for a hearing with an administrative law judge (ALJ).  The hearing is your absolute best chance to be approved.  

So, when you get that denial letter, you will need to file an appeal for reconsideration.  When that is denied, file yet another appeal for a hearing.

The disability process in Alabama has recently become more complicated, more confusing and more difficult.  Prior to October 2019, you only had to file one appeal.  Now, you usually need to file two.

Because of this, too many people give up and quit.  This is a mistake.  Very few people ever get disability without going through the full two-step appeals process.  

If the idea of handling these complicated processes seems overwhelming, or just not something you want to take on, consider contacting an attorney or disability advocate to help you.  Once you appoint representation, your advocate can handle most of the details for you--freeing you up to stop worrying about the case.  Best of all, the advocate will not charge you a fee until you win and collect past due benefits from Social Security.

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