TECHNICAL "FOULS" IN SOCIAL SECURITY DISABIITY

A TECHNICAL DENIAL is one that has nothing to do with whether the claimant is disabled or not. The claim is denied because of not following the rules, usually on technical matters.

The most common technical denial is for not filling an appeal on time. Social Security allows only 60 days to file an appeal on any unfavorable decision. If he appeal is not filed within that time frame, the case is dismissed--regardless of its merit, and regardless of WHY the appeal was late in most cases. There are a few exceptions.

I talk to claimants regularly who had perfectly good disability claims that should have been paid. They have medical evidence to support the claim. They have a strong, steady employment record. But a state agency has reviewed their claim and mechanically denied it, which is what they do. I get a call 3 or 4 months later, or 6 months later. "What can I do?" The answer is: file a new claim and start over. You have waited too long to file an appeal. The technical rule has got you.

In many of these cases, I am fairly confident that I could have won benefits in a hearing--if only the appeal had been filed in time.

To use another basketball analogy (sorry), filing a timely appeal keeps the ball in your court. It preserves your right to keep trying to win, to take your case another notch up the ladder and get it before a higher authority. It can also protect back pay and the date when Medicare will become available. In failing to file a timely appeal, a claimant may give up those things, maybe forever.

When you get an unfavorable decision from Social Security take care of it right away. Every day you wait can put you in danger of losing money and benefits. If you are not sure how to respond to an unfavorable decision, call an attorney. It won't cost you a cent to chat for a few minutes and it's a lot better than losing benefits or getting set back 6 months.