What Is Your Recourse If You Are Denied Social Security Disability Benefits

by | Jun 1, 2015 | Law Firms

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To the uninitiated it looks rather simple and straight forward to apply for and receive Social Security disability benefits; after all you paid into FICA for years so it should be a given; right? Wrong. The application is easy enough; the problem is that about three quarters of them are denied. This is when applicants begin to realize that it is not a walk in the park and they turn to a Social Security disability lawyer in Florida for help and guidance. Being one of the many that are denied benefits is far from the end of the story; you have the right to appeal the decision, hoping to have it overturned.

There are three levels of appeal available; a request for reconsideration, a hearing and a review by the appeals council. At any one of these stages your application can be approved, however, if you fail and still contend you deserve disability benefits you can continue the appeal in federal court.

You need expert advice:

The initial application appears quite straight forward; as a result many applicants tend to make the application unassisted by a disability lawyer. It is when the application is denied that it becomes apparent that you will need the help of a Social Security disability lawyer in Florida. The lawyer can work with you to develop an effective appeal.

Reasons for denial:

You may feel that you are disabled and you meet all the rules and regulations set forth by the administration. This often falls on deaf ears as there are many reasons for an application to be rejected. It may be something quite simple and innocent such as neglecting to provide some aspect of your medical history or maybe the rules were not followed correctly by your doctor. These are but two simple examples but it goes to show how strict the SSA is; it is also reason for you to hire a disability lawyer to review the initial application, pointing out areas based on experience where further information is needed from you or your doctor.

Termination of benefits:

If your application has been approved and you are receiving disability benefits you may be notified that they are going to be discontinued as the administration are of the opinion that you are no longer disabled. Of course you can appeal this decision and during the appeal process your benefits will continue. Should this happen, you have only ten days in which to lodge an appeal and request a continuation of benefits. Your Social Security disability lawyer in Florida should be brought back in and be part of the decision. If, upon appeal the administration go ahead and stop payments you may be liable to repay the money you received while the appeal was being processed.

If you are unable to work due to a physical or mental disability you may be eligible for disability benefits. As the approval process can be fraught with problems you would be wise to hire a Social Security disability lawyer in Florida to help with the claim and appeals.

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