HOW TO APPEAL A DENIED DISABILITY CLAIM

Unfortunately, about 75% of Social Security disability claims filed in Alabama this year will be denied.  Often, these denials are mistakes that can be corrected.  This post will discuss how to get an erroneous denial corrected and recover benefits.

In Alabama, you have 60 days after you receive your denial letter to request a hearing.  This is also called "an appeal."  It is a request for a hearing before a US administrative law judge (ALJ).  These judges work for Social Security at a special division called ODAR - the Office of Disability Adjudication and Review.  The ODAR office is also commonly called "a hearing office."

You may file a request for hearing using Form SSA-501, available from the Social Security office.  You may also simply write a letter addressed to your local Social Security office with your name, address and Social Security number (SSN) stating that you disagree with the decision and request a hearing.  The request must be sent within 60 days of receipt of the denial letter or your will be denied a hearing because did not file a "timely request for hearing."  The 60 day rule is hardfast (except you can add 5 additional days for mailing).

How long will it take to get a hearing?  In Alabama, the average wait time is now around 13 months from the date of your request.  This is because thousands of persons are waiting for hearings and there is a tremendous backlog.

What should you do as you wait for the hearing date?
  1. Keep seeing your doctors and getting medical treatment.
  2. Gather medical records; Social Security will stop gathering any medical records for you when you file the appeal.  Getting these will now be up to you or your representative.
  3. Plan your strategy for proving you are disabled according to Social Security's rules.  These rules are technical and highly complex, governed by thousands of pages of laws and regulations.
  4. Consider the question of whether to get professional representation.  80% of all claimants are now represented professionally in hearings.  (The win rate in Alabama is now around 48% with representation - less without it).  You cannot be charged a fee unless you win your case and back pay is recovered.  

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