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Do you need guidance in filing a Social Security disability claim? Has your application for Social Security disability been denied? We understand that SSD benefits are badly needed, and could be your main source of income. If you are disabled and seeking benefits, connect with us so we can get the process moving forward correctly.
Almost 60 percent of all first-time applicants are denied disability benefits. In many cases, denied claims are then granted upon appeal. At Morgan & Morgan, our Social Security attorneys have extensive experience representing denied applicants in the appeals process. Don’t give up. We have a free case review form where we can evaluate your position and help you onto the right path.
How Do I Apply for Disability?
If you are injured on the job, you should apply for disability as soon as the injury has been established. Schedule an appointment with the Social Security Administration representative in your area. This will result in an initial determination as to eligibility. At this time, they will also determine the programs you may be eligible to participate in.
To save yourself a lot of time and stress, we encourage you to meet with our Social Security disability attorneys before you attempt to file an SSD claim. We can help you understand the process will help you get the correct documentation, as is required by the administration. An overwhelming number of people who are denied benefits eventually seek the help of a Social Security disability lawyer, as the appeals process is complex.
What Types of Social Security Disability Benefits Can I Get?
There are three basic benefits available:
- Disability Insurance Benefits: You’ve worked at least five of the ten years prior to becoming disabled. Your dependents may also qualify.
- Disabled Adult Child Benefits: Covers disabled children between the ages of 18 and 22 may be able to collect benefits under certain circumstances.
- Disabled Widow or Widower: Provided to those over 50 years old who become disabled within 7 years of the death of a spouse.
What If I’m Denied Social Security Disability Benefits?
If you have been denied Social Security benefits, you must file a written request within 60 days of the decision. There are four ways to process your appeal:
- Reconsideration: A claims examiner reconsiders your application. New evidence can be presented. Your attorney can respond to this process in your place.
- Hearing: If your claim is again denied or gets an unsatisfactory result, you can request a hearing by an administrative law judge. Your attorney is instrumental at this point, as a skilled SSD lawyer has a range of legal options they can exercise in court to help ensure your full and fair judgment.
- Appeals Council: If after the hearing you are dissatisfied with the outcome, you can attempt to escalate your claim to the Social Security Appeals Council. They are not required to grant another hearing, but when this is granted, your attorney will need to re-present the facts in your case.
- Federal Court: As a last resort, when the earlier options have not resulted in success, a lawsuit can be filed in federal district court.
There are many considerations that may come into play that can greatly affect your Social Security disability benefits eligibility. The determination is done through a five-step process, but none of those steps are cut-and-dried. For example, if your medical condition is not on the Social Security Administration list, you may have a condition that matches the severity of a listed disability, and it may finally be considered.
We strongly recommend that you contact with our St. Augustine office for a consultation to determine the right steps to take. Social Security disability benefits are too important to gamble with. We can help even the odds.