If you are unable to work because of a disability, Social Security benefits may be available to help support you and your family. Unfortunately, when disabled workers apply for these benefits, more than half are denied, many times because of a minor technicality. Retaining the assistance of an experienced Social Security disability (SSD) attorney, however, has been shown to significantly increase a claimant’s chances of filing a successful claim or winning an appeal.
If you suffer from a disability or illness that prevents you from performing your job, you may be eligible to receive Social Security disability benefits. To find out how an attorney in Daytona Beach may be able to help you collect SSD benefits, please complete our free case review form today.
Am I Eligible for Social Security Disability Benefits?
Social Security provides benefits for workers who have a disability or illness that is expected to prevent them from working for more than a year. The Social Security Administration (SSA) will consider you disabled if “you cannot do work that you did before; [they] decide that you cannot adjust to other work because of your medical condition(s); and your disability has lasted or is expected to last for at least one year or to result in death.”
As a result, individuals with a short-term (lasting less than a year) or partial disability will, in most cases, not be eligible to receive Social Security disability benefits. The SSA assumes these individuals have other forms of income, insurance or benefits to supplement their income while they recover.
How Will a Daytona Beach Attorney Help Me File a Successful Claim or Appeal?
Filing a Claim for Benefits
The SSA’s policies and regulations for filing claims for disability benefits can change frequently. Your attorney can help ensure your application complies with the SSA’s current guidelines. He or she will also:
- Help collect information and documents necessary to support your claim
- Provide information that may be helpful to your claim, which you may not have considered important
- Review your claim to ensure it is completed without any technical errors
- Ensure your claim is filed in accordance with all SSA policies and deadlines
Reviewing a Claim That Has Been Denied
If the Daytona Beach SSA office has denied your application for benefits, your attorney can help you appeal the decision to higher authorities. Prior to requesting an appeal, your attorney will review your claim to determine whether it was denied on a technicality or on its merits.
If your attorney believes your claim was denied for a mistake or problem with the application or because you failed to comply with SSA guidelines, your attorney can most likely have your application reviewed without issue and recover the benefits to which you are entitled.
If your attorney determines your application was denied because the SSA did not believe you were entitled to benefits, he or she can scrutinize the claim and locate its weak points. Adding information to support your claim or information that was initially omitted can help to strengthen your chances of approval upon appeal.
Appealing Your Denied Claim
Once you have decided to appeal, your Daytona Beach attorney has four potential opportunities to request an additional review. Three of these stages include Reconsideration, Administrative Law Review, and Appeals Council. If your claim is consistently denied, your attorney can file a lawsuit on your behalf in Federal District Court.
If your appeal is denied at one stage, your attorney may request to have your claim reviewed in the next stage by a party with a different perspective.
Contact Our Social Security Disability Attorneys Today
If you have been unsuccessful filing a claim on your own or need legal assistance with filing, our Daytona Beach Social Security disability attorneys may be able to help. Take the next step by filling out our case review form today. Our Florida offices are offering free consultations to all potential clients.