IN SEPTEMBER 2019 SOCIAL SECURITY DISABILITY RULES WILL CHANGE

In about two weeks from the time I write this, Social Security in Alabama will make a drastic change in disability rules.  These rules become effective on September 1, 2019.

The new rule concerns how you must appeal a denial of benefits.  In Alabama, approximately 75 percent of applications for benefits are denied.  This forces the claimant to file an appeal.  In the past, your appeal was a Request for Hearing Before an Administrative Law Judge.  That is no longer the case.

Starting in September, a denied claim cannot be immediately appealed to a judge.  First, you must file a Request for Reconsideration.  No judge is involved.

Reconsideration means that the same agency that denied your claim originally will look at it again to see if they made a mistake.  The Disability Determination Service in Birmingham (DDS) will take about 5 or 6 months to re-examine your claim.  Unfortunately, in about 98 percent of cases, they will make the same unfavorable decision an deny the claim again.  I base this number on the percentage of claims denied by other states which already use the Reconsideration process.  Reconsideration approves very, very few claims (2%).  What is does is delay your case by several months while the DDS re-examines it and then denies it for a second time.

After DDS has denied your claim for the second time you may file an appeal asking for a hearing with a judge.  It will take up to 12 more months to get a hearing.

One thing has not changed, however.  You still must file each appeal within 60 days of the last unfavorable decision.  If you miss the 60 day deadline, even by a few days, your appeal will be dismissed and not heard.

Forth other states already use the 2-step appeal process, including "Reconsideration."  Alabama and the 9 other states will fall in line now with the other 40 states.

Social Security refers to this as "uniformity."  I refer to as "uniform delay."  I cannot see any advantage in Reconsideration for the claimant.  It does nothing for you because it almost never pay a claim.  You are going to end up before a judge anyway, just much later than you would under the old system.

Bottom line:  If you are denied at any stage of the process, appeal within 60 days.    You have to stay with the process and not become fatigued or discouraged to the point of quitting.  The people who eventually get benefits are those who just never give up.
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The Forsythe Firm
7027 Old Madison Pike NW
Suite 108
Huntsville, AL 35806
CALL US:  (256) 799-0297

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