ALABAMA APPLICATION STAGES & APPROVAL ODDS

Alabama has a prescribed order in which disability applications and appeals must be filed.  Part of the strategy to win is simply to file the correct application and stay the course.  

Here are the prescribed actions to file, and our estimate of the "chances" of success at each stage, based on average numbers:

1.  File a New Application

File a new application and wait 90 to 120 days for an initial decision.  On average, your odds of being approved at this first stage are less than 30 percent (3 out of 10).  The majority of claims are denied.  The proper next step is to file an appeal, which is to ask for Reconsideration.

2.  Appeal and Ask for Reconsideration

You ask for Reconsideration by filing a written appeal.  This takes your case back before the state's Disability Determination Service (DDS) for a second look.  They basically check over their work to see if the denial was correct.  They deny again in almost 98 percent of cases.  So, what does "Reconsideration" accomplish?  It sets you up for the next appeal, which takes your cases before an administrative law judge (ALJ).

3.  Appeal and Ask for a Hearing

This appeal is a request for a hearing before an administrative law judge (ALJ).  If your case is properly prepared and you are represented by a good lawyer, your odds at the hearing level are the best of anywhere in the entire process:  about 45 percent, based on averages.  It can take several months to get before a judge; however, the best advice is to stay the course and follow the appeal process.

4.  Appeal to the Appeals Council (AC)

While many people consider the hearing before the ALJ to be the "last appeal," this is actually not the case.  If the ALJ gives you an unfavorable decision, you may appeal to the Appeals Council.  The AC will refuse to review about 80 percent of appeals, leaving the ALJ's decision standing.  However, in about 13 percent of cases, the AC will remand the case back to the administrative law judge for a new hearing.  This occurs when the Appeals Council feels there is some technical issue of law that the ALJ needs to consider or more fully develop.

5.  Federal District Court Appeal 

This is a level of appeal only used by about 1 percent of all claimants.  But if the Appeals Council does not provide a favorable decision, you may file a suit against the Commissioner of Social Security in federal district court in your state.  You must have the assistance of an attorney for this.  As stated, 99 percent of Social Security cases never reach this level.

A Word About Deadlines for Appeal

The normal deadline for filing any appeal in a Social Security case is 60 days, plus 5 days for mailing time, making a total of 65 days.  There are exceptions; however, any appeal should be filed within this strict deadline.  If you wait too long, an appeal will not be possible.