THINK OF SOCIAL SECURITY AS AN ONION
- The Forsythe Firm
- Mar 7, 2021
- 2 min read
This is from a talk I gave last year at the convention. Some folks suggested I post it for more people to read. Why do I think of Social Security as an onion? Actually, because onions have layers.
Layer 1 of the onion is the application process. You file an application for disability and wait several months for a decision. As you peel this layer of the onion, there is likely to be tears. That's because up to 75 percent of claims get denied at layer 1. In fact, layer 1 is almost a waste of time, except you have to get past it to get to layer 2. Warning: If you give up after peeling layer 1, you have no case left.
Layer 2 is the process of "Reconsideration." A different person will be assigned to review your claim and determine if the previous denial was correct. This layer of the onion still stinks and burns. In about 90 percent of cases, "Reconsideration" will deny your claim again.
Layer 3 begins the best part of the whole process. This takes you to a hearing before an administrative law judge. You and your representative appear and you provide testimony to the judge. Your lawyer/representative may make arguments. The judge will send you a new decision, which may be a better one that you at Layers 1, 2 or 3.
You will peel this onion 1 layer at a time: slowly, carefully and thoughtfully. Do not give up and quit when the first tears come. Keep going. You will probably get down to Layer 3 before you get any relief.
Too many claimants give up after the first layer, and they never get their benefits--even though they qualify. Some give up on the second layer, also prematurely. Those who stick with it down to the third layer, these are often the winners.
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