HOW TO APPEAL A DENIED DISABILITY CLAIM

"Make your disability claim appealing."

Some tips for properly appealing your denial of benefits:

1. Appeal promptly. The law only gives you 60 days to do so. Then your claim dies.

2. Appeal in writing. Just a phone call isn't good enough.

3. Add new medical evidence. Tell Social about your most recent doctor's visits, ER visits or hospitalizations. They only order records that you tell them about.

4. Send a list of prescription medicines from your pharmacy.

5. Ask your doctor to provide a detailed Medical Source Statement for you.

6. Speak specifically about your symptoms, not your medical conditions. How long can you sit, stand or walk? Where is your pain? What makes pain worse? What daily activities are you no longer able to do?

7. Avoid medical terms: rheumatoid arthritis, mitral valve prolapse, degenerative disc disease....etc. They will see these in your medical records. Spend your time explaining how these conditions restrict your ability to work-like activities: walking, standing, bending, lifting....etc.

8. Be very specific.

   1. INCORRECT: "i can't stand very long."

   2. CORRECT: "i can only stand for about 10 to 15 minutes."

You will probably have to file not one but 2 appeals to win. In the first appeal, called "Reconsideration," 13 out 17 cases are denied a second time.That's a very poor chance. So, file the second appeal, called "Request for Hearing Before an Administrative Law Judge." Your chances are better there. But, be very sure that all (and I do mean ALL) of your medical records are submitted to the judge at least 21 days before the hearing. It is the claimant's responsibility to submit all records from doctors, hospitals, clinics, counselors, or other providers.

If you attend the hearing unrepresented, you have about a 30 percent chance of getting paid. If you go with an experienced attorney/advocate, your chance is about 60 percent (based on national averages).