Kissimmee Social Security Disability Claims Process
After submitting your Social Security Disability (SSD) application, you probably are hoping to receive prompt approval. Unfortunately, the government moves slowly. Applicants must wait many months, and a large percentage are initially rejected.
Fortunately, the government has set in place many levels of appeals, so an initial “no” does not end the matter. However, you need an attorney well versed in the disability claims process. Our Kissimmee SSD claims process attorney provides an overview below.
Application Review
Once you apply, trained staff will review your application information and determine whether you are disabled. If they give the green light, then your application is sent to the Social Security Administration office so they can determine how much you qualify for in benefits.
Generally, you need to wait 3-5 months before you will receive a decision. If you are approved, your letter should tell you the amount of your monthly benefit. If you are denied, then the letter should explain how to appeal or request reconsideration.
Reconsideration
Do not be shocked if you are denied. According to some estimates, roughly 60% of all applicants are denied benefits on the initial application review. Nevertheless, countless people go on to receive benefits, so do not give up.
One option is to request reconsideration. The office will take another look at your application. Maybe they missed something, or possibly they made some simple error that can be corrected. Roughly 1 in 7 people get approved at the reconsideration stage with the rest rejected.
The Administrative Hearing
If your request for reconsideration was denied, then it is not over with yet! Instead, you can request an administrative hearing before a law judge. Realize that there is a long backlog of SSD cases in Florida, so you can expect to wait at least a year (possibly longer) before your hearing.
However, you want to request a hearing promptly. Meet with a Kissimmee Social Security disability attorney to make sure you meet all deadlines.
An SSD administrative hearing is a little like a court trial, though more informal. You will have a chance to present evidence to the administrative law judge to convince him or her that you actually qualify for benefits. The evidence you present will depend on the case.
Typically, there is a dispute about whether your disability is severe enough. Remember, you can’t receive benefits if you can do another job, even if you are too disabled to perform your current one. You will be able to testify at the hearing and present witnesses. You can also introduce into evidence additional medical records that support your claim.
Preparing for the hearing is extensive. You don’t want to neglect to include helpful information because you might not be able to introduce it into the record later.
The judge is unlikely to make an immediate ruling. You can plan on waiting several weeks, at a minimum. Many applicants are approved after the administrative hearing, but you will benefit from having a lawyer help you.
Get the Legal Help You Need
No one should try to obtain benefits on their own. The process is set up for the unwary to fail. Give the Law Offices of Shea A. Fugate, P.A. a call. We offer a free consultation.
