Intelligent, Aggressive Representation For The Injured And Disabled

Attorneys Gardberg & Kemmerly
Photo of attorneys Jonathan P. Gardberg and Colin Edward Kemmerly



I hear this question a lot in talking with Social Security Disability clients. “What are my chances?” Each person who files for disability usually feels they are unable to work, hence the reason they are filing for disability. Social Security bases the decision of disability based on each person’s alleged impairments, medical treatment they receive, and the doctor’s opinions regarding their condition.


When you file a claim the typical wait time for an initial determination is approximately 90 days. This decision is made by DDS examiners based on the medical evidence they receive during that time frame, any doctor’s opinions, whether your own or from an examining source, and the function reports you supplied when filing for disability.


It is still recommended to have a representative during this initial stage as the latest reports for the Fiscal Year 2017 indicate that only 27.4% of claims are approved at this initial stage in Alabama.


Some states have a reconsideration stage; however, this really just seems to prolong the appeal process. The next step after your initial denial in Alabama is to request a hearing before an Administrative Law Judge. The approval rate at the hearing level is much greater, usually because the Judges are more thorough in their evaluation of the case, additionally; most Claimants seek representation at this level.


In sum, your chances of getting approved at the initial stage of disability are unfortunately very low based on the current percentages. A 27.4% approval rate is very disheartening to an individual who is disabled, sick, dealing with financial and medical concerns, and in need of assistance.


If you have a claim for disability please call one of the experienced disability representatives at Gardberg & Kemmerly, P.C. at 251-343-1111 for a free consultation. Gardberg & Kemmerly specializes in helping the injured and disabled in Alabama, Mississippi, Florida, and Louisiana.



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