If your Social Security Disability application was rejected, you must file an appeal within 60 days. If the appeal is granted (take that out- wrong), the Social Security Administration would (will) reconsider your appeal (their decision/denial). 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 process. There are many opportunities for an applicant to make a mistake. Such an action would result in an unfavorable outcome.
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:
Application Reconsideration (move that to below)
(SSA will gather all medical records from your treating physicians for you and make a determination) 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. (if the claim is denied at this stage the an appeal has to be filed within 60 days).
(Reconsideration – at this stage the claimant asks SSA to reconsider their prior decision), (again, SSA will request the medical records from your medical providers). (If at this stage the claim get’s denied at this stage, the claimant again has 60 days to appeal the denial, by requesting to a hearing with an Administrative Law Judge).
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. (if the judge issues an unfavorable decision, you have to option to appeal the claim to the Appeals Counsel, within 60 days).
(The Appeals Counsel reviews ALJ decisions for errors – the ALJ failed to apply the proper law/legal analysis, the ALJ’s opinion is not supported by the evidence in the claim) After an ALJ hearing comes a review by the Appeals Council. The Council may either take up your case themselves or appoint (wrong) (remands the claim back to SSA, and to the same ALJ) another ALJ to look at it. (wrong)
Federal Court Review (if the claim is denied by the Appeals Counsel)
Your final option is to file your case with the Federal Court and seek a hearing at a hearing office (HO) close to you (wrong – the OHO is handles ALJ hearings). Per the Social Security Administration, there are several HOs in Florida. (this part has to be moved to the ALJ part above).
No matter what stage your application (claim) 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 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 (contact information of your doctors and any hospitals you have been seen at) 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 (replace with hearing), we can argue on your behalf. We can do this in front of the administrative law judge, the Appeals Council (there is NO hearing at this level), and even the Federal Court (generally no hearing at this stage but possible).
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 significant medical condition that prevents them from working for at least one year or is considered terminal
- Have worked for a certain number of years
- Have worked earning a regular paycheck (add this: earned sufficient work credits)
By contrast, the SSI requirements are as follows. The applicant must:
- Have a significant medical condition
- 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 (855) 686-6752.
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.