How to Appeal a Social Security Benefits Application Rejection in Lutz, FL
Was Your Social Security Disability Application Denied? Having an Experienced Team of Lutz Social Security Lawyers Can Help You Get Approved
Has your Social Security Disability application been denied? Getting a denial letter when you may already be struggling to pay bills, cover medical expenses and adjust to major life changes can be incredibly stressful and disheartening. Fortunately, you have options if your claim has been denied.
If your Social Security Disability claim has been denied following your initial claim, don’t panic. The vast majority of social security disability claims are denied initially. According to the Social Security Office of Retirement and Disability Policy, 72% percent of initial claims are denied, and only 28% of claims are approved at the initial claims level. Unfortunately, too many people who rightfully deserve Social Security Disability benefits give up when they see that denial letter. Overall, the number of people who receive Social Security Disability after appealing a denied claim is 45%. This means that many people who are initially denied may ultimately be entitled to receive social security disability.
So, what should you do if your social security disability claim has been denied? Consider reaching out to Mike Murburg, P.A. a Lutz disability attorney. Mr. Murburg can review your application, review your denial and help you understand the best course of action forward.
Understanding the Reconsideration and Appeals Process for Denied Social Security Disability Claims
The first step you can take after your Social Security Disability claim has been denied is to request an appeal. According to the Social Security Administration, you have 60 days to make an appeal after you receive your denial letter. You’ll need to file form SSA-561 or go online to appeal your claim. In order to appeal a denied Social Security Disability claim, you’ll need to provide medical treatment information, the names of doctors and hospitals who have treated you, list the medicines you are taking, and note any changes in your medical condition. If you have other supporting documents, such as forms, medical records or written statements from doctors, you may also want to supply this information when you make your appeal.
The Social Security Disability appeals process can be long and involved. There are four stages to the appeals process, meaning that some individuals may need to go through 5 stages before their application is approved. Here are the stages:
- Initial application
- Hearing by an administrative law judge
- Review by the Appeals Council
- Federal Court Review
Here are how each stage of the appeals process works:
- Reconsideration. During this stage of the appeals process, you will have the opportunity to supply additional information and documentation and review your application to ensure it is complete. Your application will then be reviewed by an official who was not involved in the initial decision. A Lutz, Florida Social Security lawyer may be able to review your application, see that it is complete, and assist you with the reconsideration process.
- Hearing. If your reconsideration application is denied, you have the right to ask for a hearing. Many individuals who do not have the assistance of a Lutz, Florida Social Security lawyer in the reconsideration process, will seek out a lawyer for the hearing. At this point, a lawyer may review your application, determine if you are missing any information that could make your case stronger, or determine whether there are any errors in your application that could have led to your denial. During the hearing, the judge may ask you questions about your case. You may also be allowed to bring forth witnesses. After your hearing, a judge will make a decision about your case.
- Appeals Council. If the judge denies your claim, you have the right to have your case reviewed by the Social Security Appeals Council. At the Appeals Council level, the council may decide that the judge made the right decision and deny your claim. Or, the council may return the case to another judge for another hearing. Or, in some cases, the Appeals Council will hear your case.
- Federal Court. If you disagree with the decision made by the Appeals Council, you still have one final option. You can take your case to Federal Court. Essentially, you will file a lawsuit in a Federal District Court.
The appeals process can become quite complex, especially as your case moves through the higher administrative levels. It is important to understand that you may be entitled to receive benefits from the date you initially filed your application if your claim was wrongfully denied. While the process might seem long and stressful, an attorney can help. Your attorney won’t get paid unless you win, and therefore, a qualified attorney can offer you an honest assessment of how to best move forward.
What Does It Mean If My Social Security Disability Case Is Technically Denied?
There are two main reasons why Social Security Disability benefits are denied. Individuals can be denied for medical reasons. That is, their disability or illness did not meet the standard or severity to warrant Social Security Disability benefits. Or, a person could be issued a technical denial. Individuals can be denied if they are currently working and are earning too much money. However, more commonly, people are denied technically for the following reasons:
- You didn’t pay long enough into the program. Individuals must have worked for a given period of time before they became disabled in order to be eligible to receive Social Security Disability benefits. The amount of time you must have worked depends on how old you were when you became disabled and unable to work.
- You haven’t worked recently. If you have been out of work for too long a period of time, your Social Security Disability insurance can lapse. Generally, individuals must have worked for at least 5 out of the last 10 years to qualify.
If you are not sure about whether you qualify for Social Security Disability, don’t give up. Reach out to an experienced team of Lutz Social Security disability lawyers. An attorney can review your work history and help you understand your options. Sometimes individuals receive technical denials due to incomplete paperwork or due to an incomplete application.
How Do I Qualify for Social Security Disability Benefits?
In order to receive Social Security Disability benefits, you must have a medical condition that qualifies as a disability according to Social Security. To qualify for disability benefits, you must show that you are unable to perform the work you once did, show you are unable to adjust to other jobs or “light duty,” and show that your disability is expected to last until you die or at least for one year.
Social Security also provides a list of qualifying medical conditions. The list of impairments covers a wide range of conditions, ranging from musculoskeletal disorders, immune system disorders, and mental health conditions. Each disorder has its own specifics for qualification. Social Security will require objective medical reports and evidence to support your claim. Medical tests, medical reports, prescription drugs you currently take, medical history, side effects from prescription drugs, and even evidence from close relatives, family, and friends can also support your claim. Caregivers may be interviewed to establish the severity of an illness.
If you are considering applying for Social Security Disability, you’ll want to put together a thorough application. A Lutz SSD attorney may be able to help you. A lawyer can review your medical history and help you understand the steps that should be taken to make a claim.
What Is Supplemental Security Income (SSI)?
Supplemental Security Income, or SSI, can help you by supplying you with an income if you are disabled. This cash can be used to meet your basic needs, like paying for a mortgage, rent, food, or other necessities. You’ll need to meet basic eligibility requirements in order to receive SSI. If you are aged 65 or older, blind, or disabled, have a limited income and have limited resources as defined by SSI, you may be entitled to receive benefits. You must also be:
- A resident of the U.S. (50 states, D.C. or Northern Marina Islands)
- Cannot be out of the country for more than 30 days
- Cannot be confined to an institution at the government’s expense
- Don’t have other benefits or pensions for which you may be eligible
- And meet other requirements
If you are unsure about whether you qualify for SSI, consider reaching out to a Lutz SSI attorney. There are some ways individuals can structure trusts and other benefits to qualify for SSI. Because the eligibility requirements can sometimes be confusing to navigate, an attorney can help.
Protecting the Rights of the Disabled in Lutz, FL
The disabled in our society face unique challenges. Filing for disability and navigating the appeals process is, unfortunately, one of them. However, it is important to not give up. You may be eligible to receive benefits even if your claim is denied during the first or even second round of appeals.
If you have been facing challenges applying for or qualifying for disability benefits, contact Lutz SSD attorney Mike Murburg today. Our firm can be reached at 877-SSI-ATTY. You are not alone. There are many options available to you. Let us help you recover the compensation you deserve after suffering a disabling injury or medical condition.