WHAT AN APPEAL DOES FOR A DENIED SOCIAL SECURITY CLAIM

When Social Security denies your disability claim, you have only one good option if you want to get paid:  file an appeal.



What does an appeal do for you?  Several things.

1.  It protects the original filing date and alleged onset date of your claim, making it possible to get retroactive or "past due" benefits back to the earlier date.

2.  It moves your claim to a special division within the Social Security Administration--where a federal administrative law judge will eventually give you a hearing, evaluate all your evidence, including new evidence, and give you a new decision.

3.  It puts you in the best possible position to get your benefits approved and paid.

I think many people see an appeal as a last, desperate measure that has little chance of success.  This is absolutely wrong.  The appeal is your absolute best chance for an approval. In fact, your odds of being approved at the hearing are about twice as good as with the application stage.

The research data available does show that claimants with professional representation are about twice as likely to be approved as unrepresented claimants.  

Can I Be Charged for Representation if I Don't Win?

No.  Federal law forbids a legal fee for cases which are not successful or do not result in the payment of past due benefits.  You generally will not be asked for any money by your representative.  After a successful outcome of your case, the US government will withhold an agreed upon fee from your past due benefits and pay your representative directly--after you receive your back pay.

Will Using an Attorney/Representative Reduce My Monthly Benefit Check?

No, absolutely not.  Federal law does not permit a representative to take any portion of your monthly benefit under any circumstances.  Any money withheld to pay your representative will come from your past due benefits and never from your ongoing monthly check. You keep 100 percent of your monthly benefits, forever.

Who is the Best Representative for Me?

We recommend that you check out local Social Security advocates/attorneys who specialize in this type of work. Choose one who is not only knowledgeable in Social Security disability regulations and procedures--but also one who is a good fit for you.  It's important to be able to work with your representative in the months ahead.
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THE FORSYTHE FIRM
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
CALL (256) 799-0297

SOCIAL SECURITY JUSTICE - WEBSITE 

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