PERSISTENCE: YOU MUST KEEP TRYING

Getting approved for Social Security disability benefits is a unique combination of skill, luck and persistence.

Skill in that someone has to prepare the case for appeal before an administrative law judge.  The person preparing the case must understand, at minimum, the five sequential steps in the evaluation process.  The case won't go to step 2 until it passes step 1, etc. Legally admissible evidence has to be presented and that evidence should be compelling.  Social Security will, honestly, be looking at ways to deny the claim or appeal.  So, skill is required to develop and present a potentially winning case.

 Luck, in that there are things you cannot control.  One example, you cannot control which judge hears your case.  Award rates vary widely from judge to judge. If you get a judge who approves 65 percent of her cases, your odds are pretty good.  If you get a judge who only approves 15 percent, your odds are not so good.  Judges are the luck of the draw.

 Persistence, because most claims get denied at least once along the way.  Don't give up when this happens.  A denial early in the process is not the end, just the beginning.  Appeal and keep going.

 What appeals are available to an ordinary Social Security disability claim, once it has been initially denied?  They are as follows:

 1.  Reconsideration (used in 40 states, but not used in Alabama--go to # 2).
2.  Hearing before an administrative law judge, then
3.  Review by the Appeals Council, then
4.  File a suit in Federal District Court against the Commissioner of Social Security, then
5.  File an appeal in the U.S. Circuit Court of Appeals

 The appeals shown above must be taken in order.  You cannot, for example, file a suit in a Federal District Court until you have been refused by the Appeals Council.  For practical purposes, most claims end after the Appeals Council.  Only about 1 percent of all claims end up in Federal District or Circuit Courts.  At any point along the way, the claimant may choose to dismiss the appeal and file a new claim (which does not necessarily protect all of his/her interests in the original claim or appeal).  This should be done with caution and after vigorous consideration of the pros and cons.  Should you continue your appeal or file a new claim?  Get some professional advice before making that decision.

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