Social Security Disability RC

How to file for disability, Filing for SSI
Disability Requirements, Disability Status
How long for Disability?, Disability Application
Social Security Disability list of impairments
How to Qualify for Disability, Mental Disability
Disability Lawyers FAQ, Disability Back Pay

If you get Denied for Disability in Florida and have to file an appeal



 
If you are pursuing disability benefits in Florida and have received notification of an SSI Denial or Social Security Disability Denial, you should not panic. The truth is simply that greater than seven out of ten claims are denied at the initial claim level, and more than eight out of ten claims are denied at the reconsideration level (this is the first appeal and it is also handled by a disability examiner at disability determination services).

Getting a denial, for the majority of claimants, is simply an acknowleged part of the process. What counts most, of course, is how a claimant responds to the notice of denial. And a proper response essentially boils down to:

A) Appealing the denial. You should always appeal the denial versus starting over and filing a new claim since a new claim will nearly always be denied again and will not move the case closer toward the opportunity for a social security hearing.

B) Filing the appeal quickly. There are two reasons for filing an appeal quickly. First of all, there is the fact that each appeal is subject to an appeal deadline. This deadline is 60 days from the date of the last denial notice, so the claimant should have plenty of time. However, getting the appeal sent in as soon as possible can avoid an unfortunate circumstance in which a person intended to submit a timely appeal and, for whatever reasons, missed the deadline.

The second reason for quickly filing an appeal, of course, is that the longer a claimant applying for disability in Florida waits, the more processing time they are adding to their case. Since there are two appeals between the disability application and the disability hearing, utilizing the full length of each appeal period (remember that each appeal period is 60 days) can add a cumulative total of four months of time to a disability case.

Essentially, this is completely wasted time and it is time that could be injurious to a person who desperately needs to get their disability benefits so that they support themselves.

If a claimant decides to file an appeal, the immediate issue will be who to contact first. This will depend on whether or not the claimant is represented. The following list of steps may help direct the individual who needs to file an appeal, depending on their representation status.

Filing a disability appeal when you have a disability attorney or a disability representative

If you receive a denial from the social security administration and have representation on your social security claim, contact your social security attorney or non-attorney disability representative immediatley. This individual will submit the necessary paperwork for your appeal.

If you were denied on the initial claim, your representative will send in a request for reconsideration appeal. This will include the appeal request form (form SSA-561-U2), the disability report form (form SSA-3441) and medical release forms that have been signed by you (form SSA-827) so that the disability examiner may request additional medical records if more documentation is needed.

If you were denied on a reconsideration appeal in Florida, your disability representative will send in a request for a disability hearing with a social security judge, i.e. a federal administrative law. This will include the appeal request form (HA-501), the disability report form (SSA-3441) and, once again, medical release forms (form SSA-827).

Your disability representative, prior to submitting the appeal, may call you to see if there is any updated information to address in the appeal submission, such as additional medical treatment sources, visits to your current doctors, changes in your condition, changes in the medications that you take, or changes in your diagnoses.

After the appeal has been submitted, your disability representative will generally send you copies of the appeal for your own records, while keeping a copy for their file (which often comes in handy in instances in which the social security administration claims not to have received the appeal).








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These pages answer some of the most basic questions for individuals who are considering filing a claim.

Can you get temporary Social Security disability or SSI benefits?
Permanent Social Security Disability
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Can I Be Eligible For SSI And Social Security Disability At The Same Time?
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For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by Tim Moore, who was interviewed by the New York Times on the topic of Social Security Disability and SSI benefits in an article entitled "The Disability Mess" and also by the Los Angeles Times on the subject of political attempts to weaken the Social Security Disability system.

The goal of the site is to provide information about how Social Security Disability and SSI work, the idea being that qualified information may help claimants pursue their claims and appeals, potentially avoiding time-consuming mistakes. If you find the information on this site helpful and believe it would be helpful to others, feel free to share links to its homepage or other pages on website resource pages, blogs, or social media. Copying of this material, however, is prohibited.

To learn more about the author, please visit the SSDRC.com homepage and view the "about this site" link near the bottom of the page.