Coronavirus and COVID-19 Legal Information Portal | Call Us Today! (407) 512-4394

A Social Security Disability Denial is NOT the End

,

Social Security Disability benefits are a vital resource, yet most applicants are initially rejected. So, what does this mean? Should you just give up? Absolutely not! An initial denial is not the end of the road, it is the beginning of the process.

An application for Social Security Disability benefits should start with a conversation with an experienced attorney. They will be able to explain the filing process to you and gather any necessary documents/medical records that will be needed in filing your claim.

Applications should be started immediately after becoming disabled. You can apply either online or by scheduling an appointment with a Florida Social Security Administration representative. The claims representative assigned to you serves several functions. They answer any questions you may have, and also handle the paperwork needed to send to Disability Determination Services. The DDS makes the initial determination as to whether you meet the SSA’s requirements for being disabled, as well as the actual amount of benefits you could receive.

The first application can take up to six months. The examiner will comb through your relevant medical records and may also inquire as to your current condition. It is not uncommon at this stage to be asked to undertake a consultative medical examination or a questionnaire.

A second request for reconsideration will return your application to the examiner for a period of up to five months. The examiner will order any medical records and physician’s reports not included in the initial stage. Most requests for a second reconsideration are denied, and unfortunately, many people give up there. However, there is still hope.

At this stage, it is time to bring a legal expert into the fray, if you have not done so already. The third request for benefits is a hearing before an administrative law judge, which could take up to a year to happen. Your attorney will assemble a copy of your file and other medical records that have not been received by the Social Security Administration previously.

At this level, most claims are approved, but if not, there are additional appeal levels that can be taken.

If you are considering applying for Social Security Disability, or have been denied in the past, contact The Orlando Law Group at 407.512.4394 for a consultation.

/by
Social Security Disability Benefits for Younger People

Social Security Disability Benefits for Younger People

,

Most people do not realize how common disability is, or how likely it is that they will become disabled at some point during their working career. In fact, studies show that one in three 20-year-old workers will become disabled at some point before they reach their full retirement age. For those workers who do become disabled, Social Security disability benefits may be available. Unfortunately, however, many people do not understand how the get the benefits they deserve.

Social Security disability benefits are reserved for more serious disabilities. For example, if you catch a virus and are out of work for a week, you are not eligible for benefits. However, for those who suffer a medical condition that is expected to keep them out of work for one year or result in death, Social Security disability benefits are available.

Not only must you have a qualifying disability, but you must also meet rigid earnings requirements. These requirements employ two tests, the “recent work” test and the “duration of work” test, to determine whether your employment history entitles you to benefits. If the tests reveal that you have not worked close enough to your disability date, or long enough before you became disabled, you will not qualify. For example, if you become disabled at age 44, you will not receive disability benefits unless you have worked for 5.5 years.

If you are applying for Social Security Disability benefits in Florida, or have been denied Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), please contact The Orlando Law Group at 407-512-4394. A Social Security attorney will review your claim and determine whether you are eligible for benefits and/or an appeal.

/by
Filing Your Initial Social Security Disability Claim

Filing Your Initial Social Security Disability Claim

,

The initial stage of the Social Security Disability process involves the initial filing of your Social Security Disability application and the Social Security Administration’s review of your initial claim. In this stage of the process you will be filling out your application and providing the SSA with the documentation necessary to process your claim for Social Security Disability benefits. The Social Security office will then send your file to be reviewed for approval or denial based on the information provided in your application.

A Social Security disability initial claim can be initiated by calling the Social Security Administration ‘s toll free number, in person at your local Social Security Administration ‘s office, or online. You can file your claim over the phone and have the paperwork mailed to your home, or schedule an appointment at your local Social Security Administration office and file your claim in person.

To file online, you must be 18 years or older and have worked and paid Social Security taxes long enough and recently enough to qualify. The main advantage to filing online is you can start your disability claim immediately, and you don’t have to wait for an appointment at your local Social Security office. However, you can’t ask any questions you might have regarding the Social Security disability initial claim process. You also will not receive protective filing status. The protective filing date is the date you first contact the Social Security Administration office about filing for benefits. It can be used to establish an earlier application date than when your actual signed application is received.

After your initial claim is made, it gets forwarded to a disability examiner at Disability Determination Services. The disability examiner will request your medical records. You need to list all of your medical information with doctors’ telephone numbers and correct addresses. Your Social Security disability initial claim is approved or denied based on your medical records. You can submit your own copies of your medical records along with your application. The examiner may make their decision without receiving all of your records from outside sources, if they find that the records you sent them with your Social Security disability initial claim are sufficient enough to make a decision. The disability examiner makes their decision, which is overseen by their supervisor, along with medical and psychological consultants. It is possible the examiner may request that you receive an additional medical exam paid for by the Social Security Administration. You will receive notification in the mail, after an approval or denial is made regarding your claim.

If you are denied benefits, contact a Social Security lawyer to help you with the next step, which is to request a Reconsideration.

/by
© 2020 The Orlando Law Group.