Fayetteville Disability Lawyer
Fayetteville, Tennessee is a small town with a big history. Nestled in southern middle Tennessee, it is a charming small community with much to offer visitors and residents alike. With one of the most beautiful and vibrant downtown squares in the Volunteer State, Fayetteville is the largest town in Lincoln County with a population of 6,800 people. The town was established in 1809 by the state government, with Fayetteville officially coming into being on Jan. 1, 1810. The Lincoln County Courthouse centrally located in Fayetteville has been claimed as possibly the second county seat in the entire United States to be laid out by a legal mandate with a courthouse square in its center. Notable frontiersman and statesman David Crockett lived in Lincoln County near Fayetteville in the vicinity of Mulberry from 1809 to 1810.
One of the most popular landmarks in Fayetteville is the remains of the Old Stone Bridge, which predates the Civil War. It was ordered burned by Union General William Sherman, but the order was disobeyed. The bridge stood intact until 1969, when a serious flood left it heavily damaged. But Old Stone Bridge is a major historical landmark to this day.
Attorney John R. Colvin is pleased to represent Fayetteville, Tennessee clients in the Social Security Disability application process.
How We Can Help Fayetteville Residents
Social Security Disability Insurance (SSDI) is an important government benefit that people in Fayetteville and across Tennessee apply for each year. If you or your spouse have contributed to the fund via FICA payroll deductions, you may be entitled to compensation from the Social Security Administration (SSA) if you have developed a disability. As of 2015, approximately 10.9 million people were paid SSDI benefits. Sadly, millions of people who need SSDI to survive financially are denied it every year.
SSA has a complex and frustrating eligibility process for SSDI benefits. The Social Security Administration may take as long as five months just to process your initial claim. Meanwhile, you and your family in Fayetteville, Tennessee, may be struggling to make ends meet. Furthermore, imagine waiting five months for an initial decision, only to find out you have been denied!
Appealing an SSDI denial is a long process, and many Tennesseans give up rather than go through the hassle. But filing an appeal with SSA is worth your effort. If you need assistance with this process, an experienced Tennessee Social Security disability attorney may be able to help you, with no money out of your pocket.
The SSDI Appeals Process
The numbers are discouraging: From 2001-10, just 28% of SSDI applications were approved after the initial process. After the appeals process, a total of 45% of SSDI claims were approved. If you are denied SSDI, the appeals process is as follows:
- Reconsideration: This is the initial appeal stage in the SSDI appeals process. An SSA worker who was not involved in the denial will review the claim. Reconsiderations are normally processed on the record without a formal hearing before a disability examiner or hearing officer.
- Hearing: If you disagree with the reconsideration outcome, you may ask for a hearing. An SSA administrative judge will go over the case and can call witnesses. For example, the judge may call in a doctor and/or an expert on workplace issues. You are not required to appear unless the judge orders it. However, it is recommended that you have an experienced Fayetteville disability attorney present to cross-examine witnesses.
- Appeal: If you disagree with the decision of the judge, the Social Security Appeals Council may review it, but this is rare.
- Federal action: If you disagree with the decision of the Council, you may file a federal lawsuit, but any favorable action by the federal court is usually a remand order for another hearing before the administrative law judge rather than a reversal of the administrative law judge’s decision.
For the best-case results, you want an SSDI attorney to help you win the appeal as early as possible. Just three percent of SSDI claimants win during the reconsideration process; approximately 13% win the hearing before an administrative law judge.
What Is the Most Common Reason for SSDI Denial?
SSDI benefits are often denied if the reviewer thinks your disability is not ‘severe,’ or it will not last for more than a year. From 1992-2010, the most frequent reason for denial was the SSA reviewer determined that the worker could switch to another type of job.
Other common reasons for SSDI denial are:
- Your earned income is too high.
- SSA cannot reach you by phone or by mail.
- You do not cooperate by providing all your medical records.
- You do not follow your doctor’s instructions for therapy.
- Disability is due to alcoholism or drug addiction.
If your SSDI claim has been denied, we can help you.
Social Security disability attorney John R. Colvin has helped people in Fayetteville, Tennessee, obtain their Social Security disability benefits for more than two decades. We understand how being denied benefits can put you in a difficult financial situation, and we want to help. If you have questions about your SSDI case, please contact us at 931-962-1044 or fill out our online contact form. Put John R. Colvin’s knowledge and experience to work on your case.