HELP! WHERE ARE MY DISABILITY BENEFITS - ALABAMA EDITION

I frequently get calls from individuals who say, "I've applied for disability benefits 3 times and still can't get approved."  This is a common problem.  And right away, I can see where the problem lies.

This individual has been re-applying or filing a new application after each denial.  He believes the next application will have a better outcome than the one before.  The problem is, the same agency will look at the same information and reach the same decision--another denial.

Most of the time, it simply does no good to keep filing new applications.  This is NOT the way to deal with denied claims.

You can't "wear down" Social Security's resistance by asking them for a benefit over and over again.  Once they say No, the answer will be NO until:  (1) There is some material change in your situation:  new age category, new medical evidence, etc., or (2) You kick the denied claim into the appeal process and get someone at a higher level to review it.  This will be an administrative law judge (ALJ).

The dangers of simply filing a new claim after each denial are:

1.  You are spinning your wheels within the same agency, going nowhere.

2.  Your Date Last Insured (DLI) is running out.  Yes, disability benefits come with expiration dates.  You may reach a point where you can't file a new claim because your work credits have expired.

Once your disability claim has been denied, there are TWO appeals that should be filed (not at the same time).

A.  Reconsideration:  This is the next required step where the state agency that denied your claim gets a chance to "reconsider" it.  They will deny the claim again in 95 percent of cases, so don't expect much from "Reconsideration."  It's just a step you must use.

B.  Hearing before an Administrative Law Judge (ALJ).  Once you are denied at "Reconsideration," you may request a hearing before an administrative law judge.  This is the step that usually resolves the case.  This is also the step at which you have the best chance of approval.  Once your claim has been denied, the hearing is really where you want to go.  There are just steps you must follow to get there.  Reconsideration first, then a hearing.

The government only allows 60 days to file an appeal.  After that your claim dies.  Application denied?  60 days to file a request for "Reconsideration."  Denied at "Reconsideration"?  60 days to file an appeal.  

So, the moral of my story is this:  In most cases, do not file a new claim when you get denied.  File an appeal and keep the original claim alive, moving up the chain-of-command.  This preserves all your potential benefits under your original claim and it provides the best chance of getting an approval.  At least up until the hearing before a judge.  After a hearing, it's a hard choice on whether to appeal or file a new claim.  But until you get to a judge and a hearing....appeal, appeal, appeal.

It's a fact that claimants who are represented by counsel are more likely to be approved than those who go it alone.

I use this example:  Who has a better chance of safely landing a Jumbo 747?  A pilot who has flown the 747 for 20 years, or a passenger who has never flown before?

The passenger trying to land a 747 scares me.  (It happens in the movies but nowhere else)!  Give me the experienced pilot every time.

Trying to "land" your Social Security disability appeal alone is equally difficult and equally important to you.  Consider a professional!