Based on recent statistics almost 75 percent of those who apply for Social Security disability benefits have their application denied. Those applicants that are denied have the right of appeal. The rules, regulations and laws that apply to Social Security are complicated, so much so that most people who are denied benefits will immediately hire a Social Security attorney in Florida to help them work through the appeals process. The whole process starts with the attorney writing a letter to the SSA asking that they reconsider their decision and that they approve your application. Rarely does this help but what it does is set the wheels in motion for the next stage which is a hearing which is held in front of an administrative law judge. The complete process includes the hearing, a review by the appeals council and if necessary a lawsuit can be filed in federal court.
When the administration first deny the application they do tell the applicant the reasoning behind their decision, they also describe the appeals process in detail. If the individual claiming disability benefits disagrees with the findings of the administration they have 60 days in which to hire a Social Security attorney in Florida and start the appeals process. In the event the appeal is not lodged in 60 days the process must begin again which actually can cost the applicant money.
The letter that requests reconsideration must be very specific, it must elaborate on why the benefits are deserved and why the denial of benefits is wrong and deserves to be overturned. This letter and the accompanying material is not reviewed by the individual who denied the application, it is reviewed by an altogether different official who makes the decision to grant or further deny the application.
The next stage of the appeals process is to plead in front of an administrative law judge. The applicant and his or her attorney meet with the judge in a rather informal setting. It is here where the applicant and the attorney as well as the judge can ask questions and offer support for their stance. In many cases the applicant will bring an independent expert witness to support the claim. The judge also has the right to ask the applicant to submit to specialists as well. Once the judge has reached a decision the applicant will be advised.
During the process the claimant can represent himself but it has been shown that a claimant who is represented by a Social Security attorney in Florida has a much better chance of seeing the denial of benefits overturned.
