MARVIN'S $60,000 DISABILITY MISTAKE

The Forsythe Firm in Huntsville represents persons who are unable to work needing SSDI benefits.

Marvin is a 54 year-old construction worker who has herniated cervical and lumbar discs and recently underwent a lumbar fusion surgery, which will not eliminate all his pain and symptoms. He applied for Social Security disability in late 2017 and was denied in April of 2018. Social Security agreed that Marvin* could not do construction work but stated that he "is able to do other jobs available in the national economy."

Marvin believed them. He looked for other work for months but couldn't find anything that he could do. In September of 2019, Marvin came to my office looking for help. Here is how I figure it:

1. Marvin is indeed disabled, in spite of what Social Security said in their letter.
2. Marvin almost certainly could've won his claim with back benefits if he had appealed within the time limit.
3. His 60 days for appeal has long ago expired - so his claim was now dead as a doornail.
4. Marvin's only choice, unfortunately, is to file a new claim and start over, which gives up the back benefits under his original claim.
5. Marvin's failure to file a timely appeal probably cost him $60,000 or more in benefits and will cause him to wait another 12 to 16 months before he can get a hearing on the new claim.

The moral of my story is very simple. When you get a rejection letter from Social Security, don't fool around. Appeal that decision within the 60 day time limit. Do not file a new claim without getting profesional advice.  Appeal the original claim. Do not wait until you get all your ducks in a row; appeal the denial within 60 days.  Figure it out later.  You'll have plenty of time. 

My office will help you with filing the appeal and also with putting together a case for the hearing judge. We charge no fee until your Social Security back pay arrives. At that point, Social Security will deduct our fee from your back pay, pay us, and put your money into your bank account. If you don't win or if you do not collect back pay, there is no fee for our service.  Local Social Security advocates - See our webpage here.

*Note: I never use clients' real names in my blogs. "Marvin" represents a typical case but a fictitious name is used to protect the real claimant's identity.

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