Denied for Disability with Depression in Florida

"I filed for disability in Florida and they sent me a letter say that I do not qualify. I have had depression for a year. I was recently forced to resign over a workers comp case. I have carpal tunnel on both hands; my right hand is really bad and there are times that I dont feel like getting out of bed because I am so depressed, but I am going to fight for my SSD claim".

If you were denied on your initial claim, i.e. after filing disability claim application, you should file a request for reconsideration, which is the first appeal. You have 60 days from the date of the initial claim denial to get this submitted.

There is, in most states, a high likelihood of being denied on the reconsideration. Reconsideration denials tend to average about 85 perecent in all states and Florida is usually no exception here. This is because the process of deciding a claim is practically the same and the only real difference is that a different disability examiner will process the case when the claim moves to the reconsideration level.

In other words, there's not really any reason to expect a different outcome unless something has radically changed on the case between the time the application has been denied and the time the reconsideration appeal is decided. That span of time is typically anywhere from a few weeks to a few months so this is usually not likely.

However, the real goal of even going through the reconsideration phase is that if you are denied again, you can request a hearing before an administrative law judge and at that level, claimants have a significantly higher chance of receiving a Social Security Disability award or SSI award, depending on which program their claim was filed in.

Even at a time when it is getting harder to win benefits before a disability judge, the fact remains that a fairly high percentage of cases heard by ALJs (administrative law judges) are awarded benefits.

The following links may be helpful:

1. Social Security Disability for Depression
2. How to qualify for disability with depression
3. How to win benefits from a disability judge
4. Qualifying for disability, who will qualify

About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.

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