If your Social Security Disability application was rejected, you must file an appeal within 60 days. If the appeal is granted, the Social Security Administration would reconsider your appeal. Because Social Security Disability is a federal benefit, the appeal process is the same in Florida as it is elsewhere.
Appealing a Social Security Disability Decision
Applying for Social Security Disability is a lengthy and complicated process. There are many opportunities for an applicant to make a mistake. Such an action would result in an unfavorable outcome.
The Social Security Administration (SSA) could reject your application on many grounds. These could include:
- Insufficient evidence
- A clerical or technical error
- Your medical history (the SSA does not believe your disability is sufficiently serious or of “the right type” to qualify you for benefits)
- Your employment history (the SSA does not believe you worked for enough years in a qualifying job for benefits)
- A missed deadline
Per the SSA, there are four stages in the appeals process. If you receive an unfavorable decision at one stage, you may move on to the next. The four stages are:
Someone from the SSA who is not familiar with your case will look over the evidence. You will also have the chance to submit new evidence for consideration.
An administrative law judge (ALJ) will listen to your case either in person or on video. You can argue on your own behalf or let a lawyer from our firm do it for you.
After an ALJ hearing comes a review by the Appeals Council. The Council may either take up your case themselves or appoint another ALJ to look at it.
Federal Court Review
Your final option is to file your case with the Federal Court and seek a hearing at a hearing office (HO) close to you. Per the Social Security Administration, there are several HOs in Florida.
No matter what stage your application is at, our team would be happy to assess your case. We will fight for the benefits you need and deserve.
To consult with an experienced social security disability lawyer today, call 855-686-6752
Getting Help with a Social Security Claim
Applying and appealing for Social Security Disability can be intimidating and time-consuming processes. A lawyer from our firm would like to make that process as stress-free as possible. They will help you with tasks such as the following:
Clarifying the Process
Benefits application and appeal involves many steps. A social security lawyer from our office can sit down with you and explain each step to your satisfaction.
Deciding Which Benefits You Qualify for
Social Security Disability is an umbrella term for two distinct types of benefits with different requirements. We can tell you which to apply for.
You need to prove your identity, medical and work history, and need for benefits to the SSA’s satisfaction. Let us help you figure out what types of evidence you need to strengthen your case.
From submitting evidence to requesting an appeal, we can ensure that all necessary paperwork is completed and filed on time.
Representing You at Hearings
If your case goes to appeal, we can argue on your behalf. We can do this in front of the administrative law judge, the Appeals Council, and even the Federal Court.
Making Legal Decisions
If you are not sure what to do next, ask us. We can weigh your options and advise you about where to go from here.
Our law firm has helped clients from throughout Florida fight for Social Security Disability benefits. With our assistance, you do not have to worry about any legal tasks. You will always have someone to turn to for guidance and advice.
What Types of Social Security Disability Are There?
There are two types of Social Security Disability: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Which type you qualify for depends on a variety of factors.
Applicants for SSDI must:
- Have a qualifying disability that prevents you from working for at least one year
- Have worked for a certain number of years
- Have worked for a qualifying employer
By contrast, the SSI requirements are as follows. The applicant must:
- Have a qualifying disability OR be above 65 years of age
- Have limited resources
- Have a limited source of income
Depending on the circumstances, you may also qualify if you are the spouse or child of a qualifying applicant. To avoid accidentally applying and being rejected for the wrong type of Social Security Disability, let our team review your case. We can put you on the right track and fight by your side through every necessary level of appeal.
Call Today to Get Started
Bogin, Munns & Munns can guide you through the appeal process for Social Security Disability. To start, call our office at 407-578-1334.
If you have not yet started the application process, we can do so for you. If you have already been rejected, we can put an appeal in motion. We are proud to serve clients throughout Florida.