The SSDI Appeals Process in Florida

Has Your Disability Claim Been Denied?

The process of applying for Social Security disability (SSDI) or Supplemental Security Income (SSI) benefits is often complex and lengthy. It can be hard to understand for first-time claimants, and as a result, most initial claims are denied. Anyone who has had his or her initial claim denied should know that there are opportunities to appeal that decision.

At the Social Security Disability Law Firm, P.A., we represent clients at various stages of appeal. We have helped hundreds of clients seek the disability benefits they deserve.

Stages of the Appeals Process

Fort Lauderdale Social Security disability appeals lawyer Chris R. Borgia can help you through the SSDI appeals process in Florida:

Initial determinations — The first step in seeking Social Security disability benefits involves submitting your claim to the Social Security Administration (SSA) for an initial determination of eligibility. Most claims are denied at this stage, even those for people with severe and documented disabilities.

Reconsideration — If your initial application for SSDI benefits was denied, you can appeal to the SSA for formal reconsideration. An SSA staffer will review your case and re-evaluate your original claim and any new evidence. The SSA will usually refer you to a doctor for a Consultative Exam (CE). This includes both a physical and a mental health examination, regardless of the nature of your claim.

Administrative Law Judge (ALJ) hearing — If your claim has been turned down at the Reconsideration level, the SSA provides a hearing before a judge. You have 60 days from receiving the Notification of Denial on Reconsideration to request an ALJ hearing. This is your first chance to talk face-to-face with a real person to explain why you are disabled and cannot return to work. On average, only about 50 percent of people succeed at the hearing level.

Appeals council — The appeals council is a three-person council who will determine if an Administrative Law Judge made an error in the law or in fact. At this point, one of three things will happen:

1. The Appeals Council may deny your request for review.
2. The Council may remand your case back to the ALJ for a new decision. In this case, the judge will often reverse the decision and grant you Social Security disability benefits.
3. The Appeals Council has authority to grant your benefits directly if it determines the evidence clearly indicates a disability that prevents you from working.

Federal court appeal — Filing a motion for summary judgment to vote up or down your eligibility for SSDI/SSI benefits is the final option available if your claim is continually denied.

For more information about any of the steps in the Social Security disability appeals process, contact a Social Security disability attorney in Miami, Florida, or call us toll free at 1-866-MY-DISABILITY (1-866-693-4722) for a free consultation.