What is Social Security Disability Insurance?
If you are disabled and unable to work for a period of at least twelve months and have a work history (typically you must have worked five of the last ten years), you may be found to be disabled by the Social Security Administration (SSA) under the Social Security Disability Insurance (SSDI) program.
How Does the Process Work?
Typically, the process starts with you submitting an application for SSDI benefits. The initial application requests basic information about your current conditions, current treatment sources, and current medications, as well as your work history and family size. Then SSA reviews your application, requests all medical records you told them about, and makes an initial determination.
If you are approved – congratulations! The process stops here, and SSA will be in touch for information on how to pay your benefits via direct deposit.
If you are denied, you will need to file a Request for Reconsideration within the first sixty days of the denial letter. SSA will once again review your file, pull any new medical evidence, and make another decision. If they approve it at this level, the process stops here and SSA will be in touch for information on how to pay your benefits via direct deposit.
If you are denied at the reconsideration level, the next step is to request a hearing before an Administrative Law Judge. This is the longest step in the process. At the end of this stage, you will have had an opportunity to present your case before a judge and they will make a decision.
Frequently Asked Questions
How to Apply for Social Security Disability Benefits in Jacksonville, Florida
You should apply for Social Security disability benefits as soon as you become disabled and unable to work. You can apply for benefits by telephone or in person with your local Social Security Administration office, or you may be able to apply online. When you apply, you will be asked about your medical conditions, the medical care you have received for your conditions, and your work history.
Once your application is submitted, it will be sent to the Florida Disability Determination Services (DDS). DDS is responsible for applying SSA rules to determine if you are disabled.
You should contact a local Social Security attorney before you begin the application process. The attorney can explain the process and may be able to help you gather important documents.
Do I Need an Attorney to File My Disability Claim?
While you do not need an attorney to file your initial disability claim, one may be able to help. It is reported that more than half of initial applications are denied. The application and appeals process for disability claims can be complicated, and a Jacksonville Social Security Disability Attorney may be able to help. Hiring a lawyer can increase your chance of approval and help to avoid denials based on technicalities or other easily-fixed errors.
Kaitlin and her team help you determine what information is required for your claim. They also help you gather documents you may have a hard time getting on your own. An attorney can also keep in contact with Social Security and let you know about any new requests for information.
What if My Social Security Disability Claim is Denied?
As noted above, most of the initial applications submitted to the Social Security Administration get denied. Once you receive your denial, you have sixty days to appeal an unfavorable decision.
If your initial application is denied, you need to file a Request for Reconsideration. At this level, a different claims examiner will review your file and make another decision as to whether you are disabled. You may submit new evidence at this time.
If your Request for Reconsideration is also denied, you need to request a hearing before an Administrative Law Judge. This level tends to be the longest (time-wise), as there is usually a backlog of cases waiting to be heard. An attorney can be helpful at this stage, as they will prepare you for questions that may be asked at the hearing, obtain medical records, and question witnesses and experts.
If you are denied at your hearing, you may file a request for the Appeals Council to review the denial. The Appeals Council will review the case to determine if the judge made errors of fact and/or of law. They may send the case back down to the judge for another hearing.
If the Appeals Council denies your request for review, you can file a lawsuit in federal district court.
How Does Social Security Determine if I am Disabled?
The Social Security Administration has a five-step process they follow to determine disability. At the first step, Social Security looks to see if you are working. You cannot be found to be disabled if you are working more than twenty hours per week or earning above substantial gainful activity levels.
Next, if you are not working, the next step is to determine what your impairments are and whether they are severe.
If you have severe impairments, Social Security will then look to see if your condition meets the requirements included on its list of disabling conditions. However, if your conditions are not severe (they do not prevent you from working for at least one year), you will be found not disabled.
If you have severe impairments but they do not meet the listing requirements, Social Security will then determine your residual functional capacity and whether you can return to your past work. If you can return to your past work, you are not disabled.
Finally, if you cannot return to your past work, Social Security then evaluates whether you can perform any work. If you can work a different job, you are not disabled, if you cannot work any job, you will be found disabled.
Why You Should Hire a Social Security Lawyer
It is recommended to have an attorney represent you at the hearing level, and attorney involvement before that phase is also often encouraged. As a client-focused attorney, Kaitlin does everything in her power to get your case approved at the earliest level possible – even if it means a reduced fee for her!
If you have been denied disability benefits, call today at (904) 657-0579 for a free consultation and discussion about your case.