Social Security Disability Denial in Florida

By May 9, 2017Social Security Law

Applying for Social Security Disability in Florida can be a straightforward process, with an individual being deemed eligible immediately after their initial application. Unfortunately, it is rarely that simple. People usually have to go through an appeal in order to get the benefits they need.

In Florida there are some 461 hundred thousand people receiving disability benefits, for a multitude of unforeseen reasons. It may surprise you to know that around 65 percent of social security disability applications are denied at their initial application, and then a large majority are then deemed ineligible again at their first appeal. Quite often it takes being in front of an administrative judge at a hearing in order to be approved for this type of benefit.

If you are denied at the initial application stage (as most people are) it is important to take the correct route so as not to further elongate the process. This means those who choose to begin a brand new application are likely to be refused a second time and go through it all again and again. The guidelines for who is eligible for this type of benefit are fairly strict, and it is expected that the new disability examiner will come to the same conclusions as the first. This is unless there is new evidence to consider – for example a medical condition – or if there was a significant error in the first application. If you are not approved, it usually makes more sense to appeal the decision. In Florida you have a period of 60 days to do this in. This is known as the reconsideration appeal.

If you are still refused, the next step is the hearing. The Office of Disability Adjudication and Review organizes the date of the hearing – these offices are based in various locations throughout the state. You should bear in mind that this is not a quick process, and the length of time you have to wait for your hearing will be dependent on where you reside. However, you have a much higher chance of receiving benefits at this stage, with nearly 60 percent of people being approved if they bring legal representation (the figure goes down to forty for those unrepresented). In short if you are denied your application, then be sure to appeal as opposed to begin new one. You can save yourself time, stress and it is much more probable to be a success.

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