DO DISABLED PERSONS ALWAYS GET BENEFITS?

Just because you deserve Social Security disability benefits does not mean that you will be approved. At least one-half of the individuals who are legitimately disabled will be denied when they file an application for benefits.

There are several reasons for this high denial rate.  One is that the very definition of disability is so strict and narrow in the regulations.  Generally, you must be totally unable to do any type of full-time work that exists in the American economy.  It's an all-or-none determination; you are totally disabled or not disabled at all -- nothing between.

Second, the burden of proving disability rests with the claimant.  The government doesn't have to prove that you are not disabled; you must prove that you are.  This requires clear and convincing medical evidence.

Third, the system is far from perfect.  A person who has never met you will look at your medical records and decide whether you are disabled according to the federal regulations.  You don't get to appear and explain your case.  
Finally, you are not given the benefit of the doubt.  If the case is uncertain, a denial is the default and common response.  That's why about 75 percent of all disability applications will be denied.

Fortunately, there is a way to fix this problem.  It's called an appeal.  Like all other aspects of the American judicial system, there are checks and balances.  If you are denied, the solution is to file an appeal.  You only have 60 days from the date of denial to do this.  This deadline is very strict.  In most cases, if you fail to appeal within 60 days, your case will be dismissed with no further action available on the claim.

So, what are your odds at the appeal?  In 2019, approximately 45 percent of all denied claims will be approved at the appeal process.  So, there is almost a one-in-two chance of being approved at appeal--much better than the odds at the application level.  Having an attorney or qualified advocate assist you with the appeal (and appear with you at the hearing) can increase your chance of approval.

The appeal hearing is a legal process during which you have a chance to appear for the first time, with your attorney, and prove your disability.  You must prove this according to the 20 Code of Federal Regulations, the rulings of the Social Security Administration, recent court decisions, and other criteria. It isn't a matter of just walking into the hearing and telling a good story.  The question is:  Where does the law say that you meet the definition of "disability"?

The long-and-short of a Social Security disability claim is:  YOU CAN PROBABLY WIN IT ON APPEAL.

A hearing gives you a completely new review of your case, without consideration to any decision Social Security has made in the past.  It's a new beginning.  So, by all means, when Social Security denies, appeal the decision.  The appeal is where a majority of claims get approved.
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The Forsythe Firm
7027 Old Madison Pike - Suite 108
"Across from Bridge Street"
Huntsville, AL 35806
PHONE US:  (256) 799-0297

WEBSITE "SOCIAL SECURITY JUSTICE"