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Social Security Disability Attorney in Sarasota
A denial doesn’t mean it’s over. We fight for clients and the Social Security Benefits they’ve earned.
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Eligibility for Social Security Disability Benefits
In order to receive SSDI benefits, you must meet the eligibility requirements. Here is a look at the criteria that factor into your eligibility:
- Employment status: If you continue to work and your monthly income exceeds a certain threshold, you can’t be considered for disability.
- Severity of the injury or condition: Your condition must prevent you from performing the necessary functions of your job for at least one year.
- List of disabling conditions: If your condition is not on the Social Security Administration’s (SSA) listing of impairments, the SSA will compare the severity of your ailment to those on the list.
- Capability of performing the same work: If you are unable to perform the same work you did prior to your injury, the SSA will move to the next step in considering your claim.
- Capability of performing other work: The SSA will look at a number of factors to determine whether or not you can still hold gainful employment after your injury. If you are physically unable to work due to your injury, you will be deemed “disabled.”
- Work eligibility tests: You must also pass two work eligibility tests to qualify for SSDI: the duration of work test and the recent work test.
Appealing a Denied Social Security Disability Claim
There are a few reasons your SSDI claim could be legitimately denied:
- Crime: You’re injured while committing a felony, your injury worsens while at a correctional facility, or you violate parole.
- Substance abuse: Drug or alcohol addiction contributed to your injury.
- Fraud: You lied on your SSDI application.
Unfortunately, SSDI claims are often denied for illegitimate reasons – that’s where Morgan & Morgan’s Social Security Disability lawyers come in. We can help you appeal a denied claim and get full and fair compensation.
If you’ve been denied a claim or you didn’t receive what you were owed, you only have 60 days to appeal the decision. Once you have filed a written request, it will go through the appeals process.
Appealing a denied claim entails:
Reconsideration: A different claims examiner will review your case, which may include new evidence.
Hearing: If your claim is denied again or you still don’t get full compensation, you may request a hearing in front of an administrative law judge (ALJ). Your attorney will present and argue your case, question witnesses and experts, and prepare you for questions you might be asked.
Appeals council: Even after a hearing by an ALJ, your claim might still be denied or undercompensated. In this case, the next step is to request a review with the Social Security Appeals Council. If the Council does not resolve your case, they may present it to the administrative judge; then you and your attorney will prepare for another hearing.
Federal Court: If your case is still not resolved after going through the above steps, you can file a lawsuit in federal district court.
Work with Morgan & Morgan
The law firm you choose to work with can make a big difference. Morgan & Morgan is in Sarasota, and there are no upfront costs to hire us. With 35 years of experience under our belt and a team of more than 1,000 lawyers, we have the skills and know-how to fight for the compensation you deserve.
If you or a loved one has been denied Social Security Disability benefits, don’t hesitate to fill out a free, no-risk case evaluation form.