What you don't know about Social Security disability can hurt you.
Do
you know that Social Security does not make the yes or no decision on
your application? That's correct. They farm out the process to state
agencies staffed by state employees. Typically, these state run
agencies are called "Disability Determination Services" or some similar
name. A state employee reviews your evidence and makes a decision about
whether or not you are "disabled according to our rules." If your
claim is denied, the letter will come from Social Security. But they
are not the ones who decided.
Knowing that prevents the
following mistake: Refiling your application for disability benefits.
Re-applying will probably get you the same result--another denial. All
you're doing by re-applying is wasting valuable time. The same stage
agency will review the same evidence again and reach the same
decision--another denial. Reapplying gets you nowhere fast (OK, it gets
you nowhere very slowly).
What you should do is
to request a hearing. This
moves the ball out of the state agency (DDS) court and puts it into play
in the Social Security Administration. Your claim will now go to a
specialized agency within the US Social Security Administration called
ODAR, which stands for the Office of Disability Adjudication and
Review.
Just by asking for a hearing, you may nearly
double you chances of getting
approved.(The odds of initial approval in Alabama are below 30
percent. Many judges in Alabama have award rates above 60 percent). Of
course, there's no guarantee that you will win at the hearing level,
but the odds improve significantly, especially if you have professional
counsel and a good case.
One catch: You only have 60
days to request a hearing. 60 days begins with the date on the denial
letter. Request the hearing in writing and take it to any Social
Security office and wait for a receipt.
Check out our website here.
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