How Can You Appeal a Denied Social Security Disability Claim in Florida?

Is a Denied Disability Claim the End of the Road?

Social Security Disability Insurance (SSDI) is supposed to provide support when Americans need it the most. Unfortunately, the process of securing benefits can sometimes be difficult. In fact, unfair denials are not an uncommon outcome. So, how can you appeal a denied Social Security Disability (SSD) claim in Florida?

Luckily, there are many avenues of relief available to you. A denied disability claim is not the end of the road, but it is often the beginning of a difficult road ahead. To successfully navigate this road, it’s critical for you to understand your rights and seek legal assistance if necessary. Because if you can’t build a strong case for appeal, a different outcome is unlikely.

Start by Reviewing Your Denial Notice

An applicant whose claim was denied should fully review their denial notice., You want to understand why your claim was denied. This notice isn’t just a communication to inform you of why the Social Security Administration (SSA) refused your benefits request. In reality, this is documentation of exactly why your application was denied.

Why is this information important? Because it will serve as the basis of your effort to appeal a denied Social Security Disability claim in Florida. In some instances, you may have just failed to include enough evidence. In other situations, it may be as simple as correcting a clerical issue. Whatever the underlying cause for denial, it will play a critical part in your appeal. This is the start of the Social Security appeals process.

File a Request for Reconsideration

The first step in the SSD appeals process is to submit a request for reconsideration of your claim. You only have 60 days from receipt of your denial to submit this request. Applicants can file by mail, online, or in person at the local office of the Social Security Administration. However, you should never just rush into this.

A reconsideration isn’t just an opportunity to say “I think your decision was wrong.” In reality, it’s your opportunity to submit additional evidence to support your claim. This documentation can include updated medical records, test results, new doctor statements, and detailed descriptions of how your symptoms affect your life.

Remember: submit new evidence. If you simply resubmit documents that the SSA has already reviewed, a successful reconsideration is extremely unlikely. Just don’t miss the deadline or you will have to start the claims process all over and get back in line.

Request a Hearing Before an Administrative Law Judge

If your Social Security Disability claim is denied in Florida, reconsideration is your first opportunity to reverse this decision. Unfortunately, it will not always be successful. If your claim is denied for a second time, you can request that an Administrative Law Judge (ALJ) review your case. This request for hearing needs to be submitted within 60 days of your reconsideration denial.

You’ll have to submit Form HA-501 to your local Social Security office or online. After doing so, you need to prepare for your eventual hearing. You don’t want to go before the Judge on your own. At Cavey Law, we gather any additional evidence that will support your case, and prepare and submit a memorandum of law to the judge that explains how your disability directly affects your ability to perform your past work or other work in the national economy. We prepare you with videos and mock trial practice sessions and worksheets so you are prepared to answer the judge’s questions. It takes teamwork! After your hearing, you’ll receive a written decision from the ALJ.

Hopefully, this will be the last step as you file for Social Security Disability. In a perfect world, the judge will decide in your favor — and your benefits will start soon thereafter. Unfortunately, this isn’t a perfect world — so you may need to keep pushing forward in the appeals process.

Ask the Social Security Appeals Council to Step In

If the Administrative Law Judge doesn’t approve your disability benefits, you have 60 days to submit a review request to the Social Security Appeals Council. This can again be done online, or you can mail in or drop off Form HA-520.

This step will typically be less involved than your ALJ hearing but does require the assistance of an experienced Social Security disability attorney to file a brief. The Appeals Council will review all the available evidence in your case. At that point, they’ll either issue their own decision, return your case to the ALJ for additional review, or outright deny your appeal.

Take Your Case to Federal Court

If the Social Security Appeals Council denies your request for benefits, you may feel as if you’ve gone as far as you can possibly go. However, this assumption could prove very costly. That’s because you have 60 days from the Appeals Council’s decision to file a lawsuit in federal district court. This may seem extreme, but extreme is sometimes necessary for justice.

Unfortunately, taking your case to federal court is one of the most complex steps when appealing a Social Security Disability denial in Florida. There is no “how-to guide” when seeking SSD benefits, but there are at least resources on the Social Security Administration’s website. .

Fortunately, this doesn’t mean you can’t seek assistance. A Social Security Disability attorney can help you understand the process and how to proceed in court.

How to Improve Your Odds of a Successful Florida Disability Claim

When you file a Social Security Disability claim, there’s no guarantee that the SSA will approve benefits. This is true even if you qualify. Situations happen every day where individuals entitled to benefits have to go through the appeals process to secure their benefits. If you find yourself in this situation, understanding your rights and the appeals process is paramount.

When you appeal a Social Security Disability benefits denial, knowledge is power. This is why many people opt to work with a legal professional throughout the process. An appeal can become time-consuming and expensive if you don’t properly navigate the process. Fortunately, a legal professional can simplify this endeavor and help you fight for what you deserve.

At The Law Office of Nancy L. Cavey, our dedicated legal team can help you through the entirety of the appeals process. Call us at 727-475-4510 to schedule your free consultation.