DISABILITY BENEFIT RECOVERY

SHOULD YOU ASSUME THAT SOCIAL SECURITY DENIALS ARE CORRECT? You applied for Social Security disability.  They sent you to a doctor for an examination, then denied your benefits.  Should you assume that Social Security made the correct decision?  No.  You should assume they made a bad decision because they probably did. In more than 40 percent of denials which are appealed, a judge will review the evidence and overturn the denial to award full benefits to the claimant.  In simple terms, Social Security got the first decision wrong. Never assume a denial by Social Security is correct.  Assume it is wrong and can be overturned. What is the biggest mistake you can make after being denied by Social Security?  Failing to appeal the denial within 60 days is the single biggest mistake you can make. What are the risks if I appeal and lose?  There is no risk.   In an appeal, you have everything to win and nothing to lose.  If you do not win the appeal, your legal repre

When individuals apply for disability, Social Security will often refer them to one of their contract doctors for a consultative examination.  More often than not, the doctor will not find any disabling impairment.  As a result, Social Security will deny benefits. However, the opinions of these doctors are often easily refuted in court and claims that were denied on the basis of their "examinations" may be overruled and approved. Here is what you should know about these superficial consultative exams by Social Security: 1)  The exams are usually brief, superficial and insufficient to determine if you are able to work. 2)  The law requires that more weight be given to the opinions of your own doctor than those of the consultative doctor. 3) A one-time examination is often legally insufficient to form a conclusion about disability. 4)  Social Security's doctor is seldom a specialist, and even if he is, not a specialist in your disabling impairment.