Monday, December 19, 2016

SOCIAL SECURITY DISABILITY - DENIED IN ERROR

You fought the idea of filing a Social Security disability claim.  You even lied to yourself and promised that soon you'd be able to go back to work.  Filing the claim seemed to violate every principle you've lived by:  hard work, self-reliance, independence, being there for others.

Finally, you go online and file the claim.  It's a lot more complicated than you imagined.  Where did they get so many long, tedious forms and questionnaires?  But you plow through it all and feel a sense of relief that you've finally done it!

You wait almost 4 months.  You become weary of just checking the mailbox.  There are always bills, but no word from Social Security.  Finally, you call the Social Security office and hold for 10 minutes.  A proper and uncaring voice finally tells you that your application is still in process and you just have to wait some more.  No, she does not know how much longer it will be.

Weeks later, it arrives.  An envelope from the Social Security Administration.  It's postmarked Baltimore, MD.  Your heart rate peaks and there is a tinge of anxiety as you walk about into the house, slowly tearing open the envelope.  

You begin to read what appears to be a form letter with your name and address typed onto the first page.  As you read the words, "You are not entitled to Social Security disability payments.  This is because we have determined that you are not disabled according to our rules..."

You read the letter again.  It must be a mistake.  But it's not.  Shock is your first reaction.  How could they do this to me?  What am I supposed to do now?  Anger follows, then fear.  The fear of not knowing where to turn, how to survive.  It happens to almost a million persons a year!

Social Security denies over two-thirds of disability applications.  A high percentage of those denials are made in error, for one reason or another.  In the appeal process, an administrative law judge will frequently overturn the denials and pay the claim.  However, the appeal can take months or years.  And you must request the appeal in writing within 60 days.

After 20 years of representing Social Security disability claimants who have faced denial letters, I think I've learned a little about how they feel.  My proudest moments?  When I call one of those denied claimants and say, "Hey guess what?  Your disability benefits have been approved and they're paying you back to the date you first became disabled!"

If you or a loved one needs some help with a denied Social Security disability claim, I'd love to talk to you.  There is absolutely no charge for any service I provide unless you win and receive your back pay.  By the way, my only area of practice is Social Security disability.

(256) 799-0297          Huntsville, AL

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