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Social Security Disability Denial in Florida
Unfortunately, denials are just a part of the Social Security disability process. In fact, more individuals are denied at both the initial disability claim and reconsideration appeal levels than are approved. National statistics indicate that about sixty-five percent of all initial disability claims are denied and about eighty-five percent of all reconsideration appeals are denied.
In Florida, only about 27 percent of all disability applications are approved, while first appeals, i.e. requests for reconsideration, are approved only 9 percent of the time.These statistics make it seem impossible to be approved for disability benefits.
Individuals, however, who follow the Social Security disability appeal process are much more likely to receive disability benefits than those who file endless initial disability claims (meaning those who continually file brand new claims instead of utilizing their appeal rights). So, how does the appeal process work?
If an individual receives a denial of a disability claim, they have sixty days to appeal that denial. Actually, they have sixty-five days from the date of the denial notice to file their reconsideration appeal. Reconsideration appeals are often denied because they are basically just a review of the initial disability claim decision.
Of course, a different disability examiner makes the reconsideration appeal decision, but the guidelines used to deny the initial disability claim are the same and the same state disability-processing agency will be making the decision. And it is reasonable to assume that it is highly unlikely that another disability examiner is going to come to a different decision.
Unless, of course, there is new medical evidence to suggest that an individual is disabled, or that the disability examiner who made the initial disability decision made an error. Both of these situations are rare which might explain the dismal approval rate of the reconsideration appeal level.
The best way to look at a reconsideration appeal is that, if denied, the disability applicant is one step closer to the most winning level of the disability process, which is an ALJ hearing. After the reconsideration appeal, an individual can request a disability hearing with an administrative law judge, or ALJ.
The national average for approvals at the disability hearing level is about sixty-six percent. Consequently, individuals who appeal their initial disability claim denial through to the level of the administrative law judge disability hearing are much more likely to be approved for disability along the way than those who file multiple initial disability claims.
So does it matter if an individual gets denied at their reconsideration? Of course, it is never great to be denied for disability and it causes most disability applicants to have a lot of emotional duress.
However, if an individual sticks with it and files a hearing appeal after a denial of a reconsideration, they are likely to be approved for disability benefits, provided that their case is well documented and properly presented to the judge at the hearing.
Sometimes, in fact, that is the only positive thing about a reconsideration appeal (because you can only request a hearing after your first appeal, the reconsideration, has been denied).
Return to: Social Security Disability Resource Center, or read answers to Questions
Will I Qualify For Disability Benefits in Florida?
File for disability in Florida
How do Disability Lawyers in Florida get paid their fees?
Get a disability lawyer in Florida
Social Security Disability or SSI Claim Status in Florida
If you get Denied for Disability in Florida and have to file an appeal
Can A Disability Attorney in Florida Guarantee That I Get A Social Security Approval?
When you file for disability do you have to see their doctors?
Information on the following topics can be found here: Social Security Disability Questions and in these subsections:
Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | Info about Social Security Disability Approvals and Being Approved | FAQ on Social Security Disability SSI decisions | The SSD SSI Decision Process and what gets taken into consideration | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI
These pages answer some of the most basic questions for individuals who are considering filing a claim.
Filing for disability - How to file for SSD or SSI and the Information that is needed by Social Security
How to Apply for Disability - What medical conditions can you apply and qualify for?
Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?
What happens if I file a disability application and it is denied by a disability examiner or Judge?
How to Prove you are disabled and qualify to win disability benefits
How do you prove your disability case if you have a mental condition or impairment?
Social Security Disability Back pay and How Long it Takes to Qualify for it and receive it
Social Security Disability SSI - Eligibility Requirements and Qualifications Criteria