Overview of Disability
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How to win Disability
SSD Mistakes to avoid
Disability for Mental
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How to file Appeals
Disability through SSA
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Working and Disability
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Your Medical Evidence
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SSD SSI Definitions
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Applying for Disability in Florida
How to apply, meet filing requirements, and the criteria to qualify for Benefits in FL
Approval and Denial Statistics for Disability Claims in Florida
Note: If you have already filed a claim and been denied for disability, or are wondering what to do in the event of a Social Security denial, proceed to the reconsideration and hearing appeal sections below.
Level I: Disability Application - Approximately seven out of ten claims for disability in Florida are denied at the initial claim, or disability application, level in Florida. Because the prospect of being denied on a disability claim in Florida is so high, most claimants can expect to utilize the appeal process before they eventually receive disability benefits.
Applying for disability in Florida will involve having to complete a disability application interview with a claims representative in a local office.
The purpose of the interview is to provide the claims representative with all the information that may be necessary for properly evaluating the claim, and, potentially, meeting the necessary qualifications for receiving a disability award.
Qualifying for disability in Florida
Individuals filing for disability in Florida should keep in mind that while their cases will be decided primarily on the basis of information contained in their medical records, the decision will also be made using vocational information (i.e. information concerning one's job history) if they are an adult, and often academic information if they are a minor-age child on whose behalf the claim is being filed.
For adults applying for disability benefits, the goal will be establish that one's current and projected functional limitations (physical limitations or mental limitations) are severe enough to prevent the individual from engaging in their past work activity, or in other types of work activity at a level that earns them a substantial and gainful income.
Whether or not a claim for disability is considered to meet the qualications and requirements for disability will depend on the findings reached by a disability examiner.
A disability examiner is not the same individual who take claims in Social Security offices. Examiners work at state disability agencies (usually, depending on the state, referred to as DDS, disability determination services, or DDD, the disability determination division. The examiner who handles the disability determination for a claim will have the claim forwarded to them after the initial intake phase has been completed at a Social Security field office.
The examiner's chief goal is to gather records from the doctors and other sources of medical treatment listed on the disability application. The examiner then extracts the pertinent information from those records in order to determine if the claimant's case satisfies the SSA definition of disability, thereby qualifying the claimant to receive disability benefits under either the title II SSD or title 16 SSI program.
As stated above, the majority of claims will be denied at the initial claim level and individuals wishing to pursue their claim should file their first appeal, which is a request for reconsideration. Claimants who follow the appeal process will, statistically, be likely to have benefits approved by the time the second appeal, a hearing before an administrative law judge, takes place.
Filing for disability claim as a child
For children applying for disability in Florida, the disability qualifications are a bit different. The requirements for disability for children are predicated on the inability to engage in activities that would be considered normal for one's age, i.e. age-appropriate activities.
It is for this reason that on children's claims medical records are reviewed, but school records are also often reviewed when the child is of school age (including grade reports, IEPs, and reports of academic and intellectual testing).
Disability application denial rate: 73.2 percent.
Disability application approval rate: 26.8 percent.
Level II: Request for Reconsideration - A reconsideration appeal is available to any claimant in Florida who has been denied for disability at the initial claim, or application for disability level.
The reconsideration request must be received within 65 days of the date of the notice of denial on the initial claim. The denial notice will state (in the upper right hand corner of the notice) that the appeal period is 60 days. However, in actuality, SSA also provides an additional 5 days as a buffer to allow for mail time.
A note of caution, however: the Social Security office must have received the reconsideration appeal by the 65th day. It is not sufficient to simply have mailed it to the Social Security office on the 65th day. In that scenario, it is likely that the appeal will be considered untimely and will be refused. Late appeals may be accepted, but only if the claimant presents a justifiable reason for good cause.
Qualifying for disability at the first appeal level is essentially the same as at the initial claim level. The process does not change. The only substantial difference is that a different disability examiner will handle the detemination. That said, this appeal generally results in a denial for the exact same reasons. Ordinarily, only when substantially different medical evidence is brought forward on a reconsideration will the decision change.
Claimants who are denied on a request for reconsideration should immediately file a request for a disability hearing.
Reconsideration appeal denial rate: 91.1 percent.
Reconsideration appeal approval rate: 8.9 percent.
Level III: Request for Hearing before an Administrative Law Judge -
The disability hearing is the second appeal level in the SSDI and SSI claim system. Unlike the first two levels, the decision is made by an independent administrative law judge.
The judge will perform the same task as a disability examiner in that the judge will review the medical evidence and the claimant's work history (in the case of children filing for disability, the focus will not be on work, of course, but often on school information), and determine if the claimant's current limitations are great enough to result in an awarding of disability benefits.
As with the first two levels, the judge may deny the disability claim. The judge may also approve the claim on the basis of satisfying a listing (in the blue book, or Social Security Disability List of Impairments) or on the basis of granting a medical vocational allowance, a type of approval in which it is decided that the individual's limitations rule out the ability to engage in work activity.
Approvals made by disability judges may also be a partially favorable hearing approval or fully favorable hearing approval. A partially favorable decision means that the original onset date alleged by the claimant has not been granted, meaning potentially that the claimant may not receive as much back pay as would be hoped.
A fully favorable approval grants disability in accordance with the onset date alleged by the claimant and may mean substantially more in back pay received. Getting the most favorable onset date, of course, is a primary benefit of having representation at the hearing level. Representatives will work to establish the earliest possible onset date and investigate options for documenting this via the Social Security case file, or via additional records that may be sought.
Disability Hearing denial rate: 51.7 percent
Disability Hearing approval rate: 48.3 percent
Note: Disability hearing award rates in Florida average 48.3 percent, a figure that is marginally below the national average for Social Security hearing decisions. On a national basis, claimants who go to a hearing are given an award 50 percent of the time. Hearing offices in Florida have approval rates that range from a low of 37.2 percent to a high of 57.5 percent.
Return to: Social Security Disability Resource Center, or read answers to Questions
Tips and advice for Florida disability claims
Florida Disability Lawyer Advice for Social Security Disability Claims
Florida Social Security Disability Application tips
Tips and insight for getting disability in Florida
Tips for consultative medical exams for SSDI and SSI in Florida
Can I afford a Florida disability attorney or representative for my claim?
General questions about getting disability in Florida
How Much Can You get in Monthly Social Security Disability Benefits in Florida?
What if you receive a disability overpayment in Florida
Can you get permanent Social Security Disability in Florida?
If they review my disability in Florida, will I lose my benefits?
Do disabled children qualify for benefits in Florida?
Denied for Disability with Depression in Florida
Should you appeal a disability denial in Florida?
How long does disability take in Florida?
How Long Can You Receive Social Security Disability Benefits in Florida?
How long for a Social Security Disability Decision Letter in Florida?
How long does it take get a decision after a Florida Disability Hearing?
How Long Do you have to be disabled to Get Disability Benefits in Florida?
The disability decison process in Florida
Can you get disability benefits in Florida if you have never worked?
Will you be awarded disability in Florida if you are unable to return to your old job?
Who makes the disability decision in Florida?
Will I Be Evaluated For Both SSDI and SSI in Florida?
The Florida Disability awards determination process
What happens after a social security disability claim gets taken in Florida?
Filing applications for disability in Florida
Applying in Florida, the criteria to qualify for Benefits
An application for disability in Florida will be time-consuming
Filing for disability in Florida is not easy
What are reasons to file for disability in Florida?
When should you file for Disability Benefits in Florida?
Starting an application for disability in Florida
Applying for SSD in Florida - Disability Application Information
Disability Lawyers and Representation in Florida
Getting a disability lawyer in Florida
Representation on a Social Security Disability Claim in Florida
Do I need a Lawyer for My Florida Disability Hearing?
Social Security Disability Attorney Fee - What a Disability Lawyer in Florida can be Paid
How do Disability Lawyers in Florida get paid their fees?
Finding a lawyer for a Florida disability claim
Is the Disability Process Faster in Florida if you have a Lawyer?
Applying for SSI in Florida
Applying for SSI disability in Florida
Can you receive Social Security Disability and SSI in Florida?
Applying for SSI Disability for a Child in Florida
Doctors, medical records, and medical exams
Social Security Disability in Florida and What Your Medical Records Say
Will a Disability Attorney in Florida Help You Obtain Your Medical Records?
SSDI and SSI disability applications in Florida and Doctors
Social Security Administration Medical Exams in Florida
Disability hearings in Florida
How long will my case be at a Florida Social Security Hearing office before it is scheduled?
How long does it take to see a Florida disability judge?
Getting ready for a disability hearing in Florida
Disability denials in Florida
What if you are denied disability in Florida and do not get the notice?
If you are turned down and denied for disability in Florida
If your disability is denied in Florida, file an appeal quickly
Why did I get Denied on my Florida Disability Request for Reconsideration?
Disability appeals in Florida
If you are requesting an appeal in Florida
Social Security Disability and Appeal options in Florida
Do you have to appeal your Florida SSD Claim over and over?
Qualifying for disability in Florida
Will I Qualify For Disability Benefits in Florida?
Can I win my disability case in Florida?
What are my Chances of Qualifying for SSDI in Florida?
Will I get approved for disability in Florida if my doctor supports my claim?
If you are trying to win disability benefits in Florida
How Can I Win My Social Security Disability Case in Florida?