Can I win my disability case in Florida?
This is number six in our list of mistakes not to make on a Social Security Disability or SSI claim. Don't assume that you can't win your disability case.
Many applicants for Social Security Disability or SSI disability benefits give in to the mistaken belief that they cannot win their disability case. Sometimes, this occurs while their case is being processed and they are waiting on a decision (which can often take several months). And very often this occurs after a disability case has been denied.
Of course, this is a normal psychological reaction. However, a claimant in Florida should never really assume that they cannot, ultimately, win their disability benefits. And here's why:
1. Statistically, most initial-level Social Security Disability and SSI disability claims get denied. Therefore, you shouldn't worry about too much about being denied at this level. This happens to most applicants. What should a claimant do at this point? File their first appeal.
2. Statistically, most first-level appeals are also denied. In fact, the rate of denial is even higher at the first appeal level and many disability attorneys and representatives will advise their clients to even expect another denial at this level? What should a claimant do when their first disability appeal has been denied? File their second disability appeal, which is for a disability hearing before an administrative law judge.
At a disability hearing, a large percentage of Florida claims that were denied at the first two steps of the disability process will be approved. For this reason, disability claimants should never assume that they cannot they cannot win benefits and should never give up.
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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