Titusville Social Security Disability Lawyer

The most important thing is not to get discouraged.

It is very common to get denied the first time applying for Social Security disability benefits.

If an attorney has not already been obtained for the initial application process, it is strongly recommended that one at least be consulted at this point.

An attorney will assist the applicant in filing a “Request for Reconsideration.” This request must be filed within 60 days date of the original denial letter.

Not filing within that time period will likely result in the applicant having to start over from the beginning, and could result in lost benefits (not to mention lost time and effort).

Because time is a factor, it is important to request reconsideration right away.
The second most important thing is to still not get discouraged if you are denied a second time.

Less than one-third of people who are denied disability the first time apply for reconsideration. Roughly one-fourth of the people who apply a second time are actually approved.

It is not uncommon for applicants to have to continue the appeals process to the 8th Circuit Appellate Courts or Federal Court. While going through appeals, applicants should still remain in contact with their doctors and follow medical instructions as not to damage their case.

Both types of benefits are for people who suffer from a disability and are no longer able to work. The difference is determined by whether a person has worked long enough to pay into the Social Security system in order to qualify for Social Security Disability Insurance Benefits (known as DIB for short). If the person has worked long enough to pay a minimum amount in taxes based on the Federal Insurance Contributions Act (FICA), they will be eligible to qualify for DIB. An important note here is that even if a person qualifies for eligibility, their claim may still be denied by the government. For people who have not paid the sufficient amount into the Social Security system for them to qualify for eligibility, there is the option of Supplemental Security Income (SSI). In this case, a persons income status and other resources available to them will be reviewed by the government to determine if the person is qualified to receive SSI benefits.

Many personal injury attorneys are paid on what is called a contingency fee basis. Essentially, the attorney only gets paid if a recovery is made in the case. If a recovery is made, the attorney is paid a percentage of the recovery to cover fees and expenses. The attorney begins the case without receiving any payment and even puts forth money to cover expenses necessary to see the case through. For anyone worried about the entirety of their recovery going to cover the attorneys fees, fear not. The Florida Bar sets a limit to the amount personal injury attorneys can charge for their contingency fees. If there is no lawsuit filed, then the fee is limited to 33.3% of the recovery if the case is valued under $1,000,000. If the defendant responds to the plaintiffs complaint by filing an answer, the cap is raised to 40%, with the possibility of another 5% if the case ends up going to appeal. Of course, these general rules can change based on the specifics of each individual case.