WHY ALABAMA DISABILITY DENIALS ARE HIGH

Ask anyone who has applied for Social Security disability in the Huntsville or North Alabama area and you will hear an unfortunate story of delay, denial and disappointment.  In fact, 70.1 percent of all Social Security disability claims filed in the state of Alabama are denied by the Alabama Disability Determination Service (DDS), which is the state agency contracted by Social Security to make the initial decisions on disability claims in the state.


In order to win their disability benefits most claimants have to appeal the unfavorable decision and wait months or years to get their turn before a US administrative law judge.  During that time, there is often little or no income for essentials, including much needed medical care.


As Social Security disability advocates, we wonder why the initial denial rates are so high - especially when a majority of the denials are later reversed on appeal.  The following may be  some contributing reasons for the high denial rates:

• The decision maker has never met the claimant.  
• Decisions are made on "paper views" of the claimant, i.e., medical records and questionnaires completed by the applicant or by someone else.
• The doctor who evaluates the medical condition has usually never seen or examined the claimant.
• If a consultative examination was made at all, it was by a physician contracted by Social Security and this doctor has not seen the patient before, has not treated him/her, and is not familiar with his/her medical history.  We have reports of consultative exams by doctors who spend as little as 5 or 6 minutes with the claimant, ask a few questions and leave the room.
• While DDS tries to get medical records from the claimant's own treating physicians, there is no guarantee that they will succeed; furthermore, the doctor's records may be woefully inadequate to establish the claimant's eligibility for disability. You'd be surprised at how sketchy some doctor's notes are.  What your doctor says to you  and what he writes in your medical record may be very different.  What he writes is all that counts.
• Very little, if any, personal discretion of the claimant's condition is figured into the decision.  We get the image of a decision maker with the Social Security rule book in one hand and a medical chart in the other hand - checking off boxes on a form.  Sadly, the claimant seldom meets all of the criteria on the form to be found disabled using this method of determination, hence the high denial rates.

What do we suggest if you're about to tackle a Social Security disability claim in Alabama (or anywhere else, for that matter)?   Here is the short and sweet of it:

1. Make your initial application forms as complete, specific and detailed as possible.
2. Check with DDS about every 2 weeks to be sure they've received all medical records.  If not, contact the doctor yourself to see if you can expedite sending records.
3. Fill out everything DDS requests.  They will often send various forms after they receive your application, seeking more information.
4. Pay particular attention to the Work History Report - and give detailed information about specific duties you performed in jobs held during the past 15 years.  Why?  If DDS finds that you can still do any of those past jobs, they will find that you are NOT disabled.  So, accurately describe how much you lifted or carried; how much bending, stooping, standing, you did on each job.  
5. Don't ignore mental or emotional conditions that impact your ability to work. 
6. Consider getting professional help to complete the application, and especially consider help if you have to appeal.  Representatives or attorneys cannot charge you a fee unless you eventually win your case and collect back pay benefits.  So you don't need any upfront money.
7. Most important of all - and please don't ignore this:  If you are denied, request an appeal in writing with 60 days.  The 60 day limit is very strict.  Failure to request an appeal with 60 days of denial will have serious negative consequences, probably including a longer delay in getting your case resolve and very likely significant loss of back benefits. Requesting an appeal is NOT the same as filing a new claim.  Filing a new claim causes you to start all over - and is not the right move when an appeal is available.

If you would like to discuss your Social Security disability claim with an experienced, local advocate in Huntsville or North Alabama, at no cost or obligation, please CLICK HERE TO GO TO OUR MAIN WEB SITE or call our Huntsville office at (256) 799-0297.  Ask for Charles Forsythe, who is our senior partner and disability claims advocate.  He will take your call personally.

  The National Organization of

Social Security Claimants Representatives (NOSSCR)