WHEN CAN I APPEAL A DENIED DISABILITY CLAIM?

If Social Security denies your disability claim, you may file an appeal within 60 days of the decision.  Social Security will assume that you received a notice of their decision 5 days after the date on the decision.  So, really, you can take 65 days--but no more.

Should You File an Appeal?

In most cases, yes, you should absolutely file an appeal.  The initial application process is not even close to perfect.  In fact, it is laden with errors.  Claimants who are absolutely qualified for disability benefits and who should be paid are routinely denied.  These errors can only be fixed with a formal, written appeal to Social Security.

Do you need a sensational or spectacular reason to file an appeal?  No, not at all.  The appeals process has been established to give a claimant more than one review.  The more closely your claim is examined, the more chances you have to be approved.  At the hearing level, a trained judge will examine your application to decide if you really should be paid a benefit.  In almost one-half of these cases that reach a judge, the benefit is paid.  (The actual percentage for 2019 was around 45 percent).

Why Should You File an Appeal?

1.  It is your best chance of being paid.
2.  It is the only way to have mistakes in your file fixed.
3.  Refiling your claim will probably be a waste of time.
4.  An appeal can save your past due, retroactive benefits.
5.  It costs you nothing to appeal.

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The Forsythe Firm
Huntsville, AL
Practice Limited to Social Security Disability\
PHONE (256) 799-0297