NUMBER 1 SECRET TO SOCIAL SECURITY DISABILITY

If I had to list just one "secret" to winning Social Security disability insurance, it would be this one:

When you get denied, appeal the decision immediately by requesting a hearing.

I admit that I'm hooked on the TV show Duck Dynasty.  I watch it all the time.  My favorite character is Uncle Si.  Si has lots of Rule Number Ones.  This week his "Rule Number One" may be different than his Rule Number One from last week.  I think he makes them up as he goes, which is what makes him funny.

My Rule Number One never changes, however.  When you get denied, appeal the decision immediately by requesting a hearing.

You only have 60 days to request a hearing in writing.  The 60 days start with the date on the written notice of denial.  After 60 days, your claim becomes as dead as 3-day-old road kill.  (OK, I told you I watched the show)!

Here is a little known Social Security "secret."  The original decision on your disability application is not made by Social Security.  That's a fact, Jack.  Social Security farms that out to a state agency called the Disability Determination Service or DDS.  The DDS denies about 70 percent of initial claims in Alabama.  What you want to do is get your claim out of DDS as quickly as possible.  Your opportunity to do that occurs when you get a denial letter.

When you request a hearing on your denial, your claim gets transferred automatically to a special unit within the Social Security Administration called ODAR, for the Office of Disability Adjudication and Review.  The ODAR office is staffed by trained attorneys and  US Administrative Law Judges who will now be responsible for reviewing your case and making a new decision.

Just by requesting a hearing, you may double your odds of being approved.  Remember, the DDS approves just under 30 percent of cases at the application level.  Some Administrative Law Judges have approval rates over 60 percent.  (Approval rates vary from judge to judge and office to office).  So, requesting a hearing does two very important things for you:

1)  It protects all your rights under the original claim, even though it was denied.  You still have a right to collect benefits back to the onset date of your disability if you eventually win.

2).  It also increases your odds of winning; it gives a judge the right to review your case and make a totally new decision, which may be an approval of benefits.

Finally, what does it cost to file an appeal (ask for a hearing)?  Not a cent!  That's right, not a red cent - even if you have it done by an attorney or professional representative.  That's because Social Security law does not permit a fee to be charged until you win your case and collect past due benefits.  There is no reason not to appeal.  You have everything to gain and nothing to lose.  Incidentally, filing a new application is NOT the same thing as an appeal and usually is not a good idea because you will probably just get another denial by keeping your claim in the DDS system.  The same people who denied you once will deny you again.  A hearing/appeal is nearly always the best.  But you only have 60 days to appeal.

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