ARE YOU ON THE RIGHT "LEVEL"?

Social Security has many "levels" within its system.  Getting on the right level is critical for success.

Here's the best example.  Many people get denied when they file for disability benefits.  They turn around and file a new application, which is also denied.  I've met people who have filed as many as 5 Social Security disability claims--denied one right behind the other.  They are repeating a failed process on the same level, over and over.  It isn't going to work.

They should move up to the next level and file and appeal.  The Social Security system is like a ladder.  Rung one is the application.  Rung two is the hearing (appeal).  Rung three is the appeal to the Appeals Council.  Rung four is a lawsuit in Federal District Court, etc. 

Where is the greatest chance of success?  The best chance of success is at "rung 2," a hearing with an administrative law judge.  This is where a majority of disability claims get approved.

There is a poor chance of approval at Rung 1, the application process.  Unfortunately, the Disability Determination Service (DDS)--the stage agency that makes the initial decision on applications--denies almost 7 out of 10 applications.  Re-applying over and over on this level will nearly always get you the same result--denial over and over.  Get off of Level 1 as quickly as possible and get your case up to Level 2.  Ask for a hearing before an administrative law judge (also called an "appeal").

The biggest mistake we see is that claimants often wait too late to file an appeal.  The deadline is 60 days from the date of the denial.  After that, you have no choice but to file a new application, wait to be denied again, then file the appeal.  So, pay very close attention to the DATE of your denial.  Appeal within the specified 60 day time limit.

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