WHY JUDGES OVERRULE SSDI DENIALS AND PAY THE CLAIMANT

Erroneous denials of Social Security disability claims can only be corrected by an administrative law judge.  When Social Security wrongly denies your disability claim, you appeal and request a hearing.  At the hearing, Social Security often cannot justify their denial and the judge awards benefits, including past due payments that should have been paid earlier.

There are many reasons why judges rule in favor of the claimants and against Social Security.  A few of the top reasons include the following:

1)  Social Security based their denial on the opinion of someone who is not a doctor or medical expert.  These people are often called "single decision makers" or SDMs.

2)  Social Security based their denial on the opinion of a doctor who has never met or examined the claimant.  These are doctors who work at the Disability Determination Service in Birmingham and they never meet the claimant.  Their opinions are open to challenge.

3)  Social Security based their denial on the medical opinion of a doctor who only performed a one-time examination.  The claimant may have been examined by a consultative doctor, one time.  However, this limits the doctor to discovering all the claimant's symptoms and concluding how severe they are--in just one brief examination.  This contrasts with the opinion of the claimant's regular treating physician, who may have examined the claimant a hundred times.

4)  Social Security did not have all the facts, ignored certain facts, or made one of a thousand other errors when they denied the claim.  A judge may look at the claim with a fresh pair of eyes and recognize the mistakes that led to a denial of benefits.

Never, ever assume that Social Security got your decision right.  Always assume it is wrong.  If you did not get your benefits, get a professional to represent you and appeal RIGHT NOW.  (You only have 60 days to file the appeal).  Chances are, the denial is not correct and can be overturned.  The appeal will NOT cost you any money upfront, nor will it cost anything if you lose.  Any fee your attorney charges you can only be paid out of past due benefits collected on your behalf.  If there are no past due benefits, there is no fee.  

The Forsythe Firm in Huntsville, AL specializes in Social Security disability claims, applications and appeals.  Free consultations by calling (256) 799-0297