Thinking of Social Security disability as if it were an onion can help you get paid. May sound silly, but let me explain:
LAYER 1 is the application level. Up to 75% get denied here. You have to get past the first layer. So, peel the onion.
LAYER 2 is the "reconsideration" stage where a second disability examiner takes a look at your application to see if the first examiner made a mistake. 95% of these "reconsiderations" also deny the claim. By the way, this second layer is NOT used in Alabama. We can go to layer 3.
LAYER 3 is the appeal. It is a hearing before an administrative law judge. Here at layer 3 is your best chance to be approved. To get here, you must appeal your denial within 60 days of the date on the denial letter.
LAYER 4 is a review by the Appeals Council. This happens if the hearing did not produce a favorable result. The most common thing that happens in Layer 4 is a further denial. About 25% of cases in this layer will be sent back to the judge for a new hearing.
LAYER 5 is a lawsuit against Social Security in federal district court. Only about 1% of cases ever get this far.
Unfortunately, many people stop at Layer 1. They get denied and give up. Or, they re-apply, keeping them in Layer 1, where they get denied over and over. The key is to appeal the Layer 1 decision, get up to Layer 3 with an appeal. This is where something good may happen for you.
LAYER 1 is the application level. Up to 75% get denied here. You have to get past the first layer. So, peel the onion.
LAYER 2 is the "reconsideration" stage where a second disability examiner takes a look at your application to see if the first examiner made a mistake. 95% of these "reconsiderations" also deny the claim. By the way, this second layer is NOT used in Alabama. We can go to layer 3.
LAYER 3 is the appeal. It is a hearing before an administrative law judge. Here at layer 3 is your best chance to be approved. To get here, you must appeal your denial within 60 days of the date on the denial letter.
LAYER 4 is a review by the Appeals Council. This happens if the hearing did not produce a favorable result. The most common thing that happens in Layer 4 is a further denial. About 25% of cases in this layer will be sent back to the judge for a new hearing.
LAYER 5 is a lawsuit against Social Security in federal district court. Only about 1% of cases ever get this far.
Unfortunately, many people stop at Layer 1. They get denied and give up. Or, they re-apply, keeping them in Layer 1, where they get denied over and over. The key is to appeal the Layer 1 decision, get up to Layer 3 with an appeal. This is where something good may happen for you.
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