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Life is challenging when you have suffered an injury that prevents you from working. In addition to the pain and frustration you feel from your injuries, your inability to work may result in significant financial strain.
Although you may be eligible to receive Social Security Disability, you may still find your claim for benefits denied by the Social Security Disability. Understand that when your application for Social Security Disability has been denied you have the right to appeal.
If your application for Social Security Disability has been denied, our personal injury lawyers at Fetterman Law can appeal your denial and help you receive the benefits you deserve. We work in West Palm Beach, Port St. Lucie, and other local communities.
Appealing a Denial of Social Security Disability Benefits
Only about a quarter of individuals in Florida are approved to receive Social Security Disability at the initial stage of application.
Those who are denied Social Security Disability benefits have the right to appeal. There are four stages of the appeal process. At each stage, if you lose the appeal, you may move to the following stage.
(1) Reconsideration – During this stage, a reviewer will look at your entire application and determine whether your application should be approved. The reviewer will also consider any additional evidence you have submitted.
(2) Administrative Law Judge Hearing – If you are denied after the reconsideration stage, you may have a disability hearing before an administrative law judge.This is often the first opportunity you have to see and speak with those who are making decisions regarding your case.
Like the reconsideration stage, the administrative law judge will review your entire application and consider any new evidence. In Florida, almost half of the applications that reach this stage are approved.
(3) Appeals Council – If the administrative law judge rules against you, you may appeal to the Social Security Appeals Council. The Appeals Council will decide in your favor only if they believe your case was wrongly decided.
In other words, they give a lot of discretion to the decision of the administrative law judge and only rule in your favor if the judge has made an error or procedural mistake.
(4) Lawsuit – If all else fails, you may file a lawsuit in a federal district court.
Note that the appeals process is long. For example, in Florida, the average wait time for an administrative law hearing is over a year.
West Palm Beach Social Security Disability Lawyer
Contact an experienced team of attorneys if you have questions about Social Security Disability.
The professionals at Fetterman Law have years of experience helping people with injuries apply for benefits. We understand the challenges faced by individuals and families hurt in an accident, and are committed to doing everything in our power to ensure you receive the benefits you deserve.