Sunday, February 2, 2020

IT NOW REQUIRES 2 APPEALS

Until recently, if you were denied Social Security benefits, you filed one appeal and went before a judge for a hearing.

This changed in October 2019.  An additional appeal called "Reconsideration" was added to the front end of the appeal process. 

Now, when you are denied, your first appeal asks for "Reconsideration."  This does not take you before a judge any more.  It simply sends your decision back to the Alabama Disability Determination Service in Birmingham, which is the same agency that denied you in the first place.  They get a second chance to "reconsider" your application.  The fact is, they nearly always deny again.  (I have been told that the denial rate at "reconsideration" is around 98 percent, or nearly always). 

So, expect to be denied twice these days.  Once with the application, again at the first appeal (Reconsideration).

Then, you file a second appeal, which is a request for a hearing.  This second appeal is the one which takes you before an administrative law judge.  This hearing is statistically the best chance to get approved.

You really have not had your best opportunity until you have appeared before an administrative law judge for a hearing.

Don't be misled and think that the "Reconsideration" process is going to get you anywhere.  It won't.  It is more or less a time waster.  But you have to do it because it is now a required step.

So, when you are denied at "reconsideration," immediately file another appeal and request a hearing.  This second appeal is the "real appeal," the one that may do you some good.

I know this is all so confusing.  That's why you may want to call a good disability advocate or attorney to have the process explained to you.  Advice is free and without obligation.  If you are represented, you won't be charged a fee unless you win.  

The important thing I want to emphasize here is this: It now requires 2 appeals to get anywhere with Social Security disability.

 

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