This is the biggest mistake you can make when trying to get Social Security disability benefits:
Failure to appeal a denial by the Disability Determination Service (DDS).
The DDS is a state agency that operates under contract with Social Security to make the initial decision about disability applications. It is a denial service. Over the past 10 year period, DDS averaged a denial rate of over 70 percent.
That may seem OK. So, 70 percent of the people who applied for Social Security were not really disabled?
Except for one thing. When those denied claims were taken before administrative law judges on appeal, over one-half of them were approved and paid. In 2010, for example, 62 percent of denied claims were approved when they got in front of a judge.
I hope my readers are calculating how important it is to appeal a denied claim and get it before an administrative law judge. Folks, this is where you will get paid, if you are to get paid at all. In all probability, you will get denied first and get approved at your hearing.
The single biggest mistake you can ever make with Social Security is failure to appeal a denied claim, or failure to appeal it properly. Here is what you must do:
*I realize that you can add an additional 5 days to the 60-day appeal deadline to allow for mailing time. However, this cuts it too close for comfort for me. I advise my clients to stay within the safety zone and appeal within 60 days. I see to no need to risk a technical denial just because we relied on the 5 extra days. File the appeal timely and you won't have to worry about the 5 "extra" days for mailing time. And I can assure you that after 65 days, your appeal will receive a technical dismissal and it will die. So, follow my axiom, "Don't Delay - Appeal Today."
If my office can help you with a disability claim or appeal, please contact me right away for a free case evaluation at (256) 799-0297 or (256) 431-1599. Charles Forsythe, the Forsythe Firm
Failure to appeal a denial by the Disability Determination Service (DDS).
The DDS is a state agency that operates under contract with Social Security to make the initial decision about disability applications. It is a denial service. Over the past 10 year period, DDS averaged a denial rate of over 70 percent.
That may seem OK. So, 70 percent of the people who applied for Social Security were not really disabled?
Except for one thing. When those denied claims were taken before administrative law judges on appeal, over one-half of them were approved and paid. In 2010, for example, 62 percent of denied claims were approved when they got in front of a judge.
I hope my readers are calculating how important it is to appeal a denied claim and get it before an administrative law judge. Folks, this is where you will get paid, if you are to get paid at all. In all probability, you will get denied first and get approved at your hearing.
The single biggest mistake you can ever make with Social Security is failure to appeal a denied claim, or failure to appeal it properly. Here is what you must do:
- File a written appeal. Telephone calls don't count.
- File the appeal within 60 days of denial (after 60 days, it's too late).*
- Continue to see your doctor and follow treatment while waiting for your hearing.
- Continue to submit updated medical records. If you are represented, your representative will purchase and submit these records for you.
*I realize that you can add an additional 5 days to the 60-day appeal deadline to allow for mailing time. However, this cuts it too close for comfort for me. I advise my clients to stay within the safety zone and appeal within 60 days. I see to no need to risk a technical denial just because we relied on the 5 extra days. File the appeal timely and you won't have to worry about the 5 "extra" days for mailing time. And I can assure you that after 65 days, your appeal will receive a technical dismissal and it will die. So, follow my axiom, "Don't Delay - Appeal Today."
If my office can help you with a disability claim or appeal, please contact me right away for a free case evaluation at (256) 799-0297 or (256) 431-1599. Charles Forsythe, the Forsythe Firm
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