MARVIN'S $20,000 SOCIAL SECURITY MISTAKE



Marvin is a 44 year-old construction worker who has herniated cervical and lumbar discs and recently underwent a cervical fusion surgery, which will not eliminate all his pain and symptoms. He applied for Social Security disability in late 2010 and was denied in April of 2011. Social Security agreed that Marvin* could no longer do construction work but stated that he "can do other work."

Marvin believed them. He looked for other work for months but couldn't find anything that he could do. In September of 2011, 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 had expired back in July - so his claim is now as dead as a three day old road kill.
  4. Marvin's only choice, unfortunately, was 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 $20,000 or more in retroactive benefits and will cause him to wait another 14 to 18 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. Filing an appeal is a simple matter. You can do it yourself. Preparing the case so that you win the hearing and get all your benefits - that is much more complicated. 

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 real case but a fictitious name is used to protect the real claimant's privacy.

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