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YOUR DISABIILTY CLAIM WAS DENIED. IT WAS PROBABLY A MISTAKE.

IS YOUR DISABILITY DENIAL CORRECT?


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 because they probably did.

In nearly one-half of denials which are appealed, a judge will review the evidence and overturn the denial to award full benefits to the claimant.  In simple terms, Social Security got the first decision wrong.

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. Claimants lose millions of dollars every year by failure to appeal denied claims.  Don't make this mistake.

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.  No past due benefits, no fee. Your representative must cover all expenses associated with an appeal up to the point that you win and collect back pay.  So it is win-win for you.

Contact the Forsythe Firm in Huntsville at (256) 799-0297 or (256) 431-1599. 

https://forsythefirm.wixsite.com/website

Comments

  1. I make a living winning disability claims that were denied once or twice before they came to me. Thing is, many of these claims are denied wrongly and can be won if the right action is taken. We never charge our client a fee until AFTER the case has been won + paid.

    ReplyDelete
  2. Should you appeal a denied claim? The answer is nearly always, "Yes, Yes, Yes." There might be a rare occasion when an appeal isn't the right solution, but very rarely. Remember, appeals must be filed within 60 days of the denial or you lose the right to appeal. This results in months of wasted time or potentially you lose the ability to even file a few claim (if your date last insured has expired).

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  3. Common errors made in Social Security denials: the decision maker assumes that the claimant can do more than he/she can really do. They fail to give adequate consideration to the claimant's doctor's records. They rely on faulty testimony from a vocational witness. The Social Security decision maker is not a doctor, psychiatrist or medical professional; therefore, his or her opinion is entitled to no weight under the law. I could go on and on...but the point is, your denial is probably just plain wrong, need s to be appealed, and can probably win. APPEAL. APPEAL. APPEAL.

    ReplyDelete
    Replies
    1. At what point are you least likely to be approved for benefits? Answer: At the initial application level, where about 70 percent of all claims are denied. Where are you most likely to have benefits approved? Answer: At the hearing level where a judge personally listens to your case and makes a new decision. If you have a legitimate claim, the hearing level is your best chance. Get representation and give your rep. enough time to properly prepare for the hearing.

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