Why you should always appeal a Social Security denial.
A recent Washington Post article revealed how frequently the SSA loses when Claimants appeal their denials in Federal Court.
Remands back to the ALJ are at a record high.
"In the last two fiscal years, federal judges considering appeals for denied benefits found fault with almost 6 in every 10 cases and sent them back to administrative law judges at Social Security for new hearings - the highest rate of rejections in years, agency statistics show."
Why is this Happening?
"Federal judges have complained of legal errors, inaccurate assessments of whether claimants can work, failures to consider medical evidence, and factual mistakes, according to court rulings and Social Security’s own data."
The SSA is making more mistakes and wrongfully denying more claims. “The system has become one of ‘how do we deny this claim’ rather than ‘what is the right answer in this person’s case?’” ... “And the Federal Courts agree: ‘You have to do a better job.’”
Success Stories:
"At his hearing in March, a new Social Security judge considered the rulings by three federal judges who found that the agency failed to properly consider the severity of his headaches, nerve damage, and other impairments by ignoring treatment notes from his doctors. An outside doctor Social Security hired to examine him also described severe “pain and anxiety” from his injuries. He prepared to wait for months for another rejection. Instead, the written decision came just two weeks later: Sheldon had been awarded the monthly benefits — along with $205,000 in back pay. His first check landed in his bank account this month."
This is why we do what we do.
To read the full Washington Post article: Click here - https://www.washingtonpost.com/politics/2023/05/25/social-security-disability-denials-court-remands/
