If you have a medical condition that keeps you from working, you might be able to get approval for disability benefits. The Social Security Administration (SSA) oversees a disability benefits program that helps disabled workers by providing monthly benefits. The claims process is very challenging, and most applicants are denied benefits. If a claim is denied, an appeal requesting reconsideration is filed. After the denial of a reconsideration, another appeal is filed and a hearing before an administrative law judge is requested.
Disability claims are denied for several common reasons. The most common reason for a claim denial is the failure of Disability Determination Services to have access to all the strong medical evidence and documentation that is needed to show the severity of your condition and to prove you meet the medical criteria for being disabled.
How to Qualify for Disability Benefits
Your documentation must show the diagnoses, the symptoms, restrictions, limitations, and how you are unable to perform your regular work duties. Other reasons for claim denials include the individual fails to seek ongoing medical care and follow-up for his or her condition so the SSA representatives cannot accurately assess the disability or the income limits exceed the cutoff for substantial gainful activity (SGA). In Florida, there is a 73.2% denial rate for disability claims. On the reconsideration level, 91.1% of claims are denied. When the claims reach the administrative hearing level, 51.7% of cases are denied disability benefits.
Visiting the Office of Disability Adjudication and Review in Florida
An appeal is filed after a disability claim is denied benefits. When you file an appeal, your claim will go into reconsideration. If your claim is denied when it is reconsidered, you will then request a hearing before an administrative law judge by appealing the decision again. These hearings are held at the Office of Disability Adjudication and Review (ODAR) in Florida.
When a hearing is conducted, the judge will question the claimant. A vocational expert will also be in attendance. The vocational expert will question the claimant and try to determine if educational background, work history, transferrable work skills, medical conditions and age make performing some other kind of work possible.
There are several ODARs located throughout the state of Florida. In Jacksonville, the ODAR has 18 judges and it takes an average of 22 months to get a hearing date. The average time to process a claim is 651 days. Records show 38% of cases are approved in Jacksonville. Miami’s OSDAR has 16 judges and a 22-month average wait for a hearing. In Miami, a case can take an average of 759 days to process while claimants see a 44% approval rate. Clients who have a disability attorney are much more likely to be approved for benefits. A disability attorney helps clients get documentation and medical records ready for a thorough review and consideration.
Getting Help From A Florida Disability Attorney
Disability claims are both difficult and complex. Since most disability claims are denied, you should enlist the help of a Florida disability lawyer. An attorney will know the proper way to proceed with your claim, ensuring all your medical records and documentation are in order. Building a strong case to show that you are unable to work, your attorney will improve your odds of being approved for benefits. Disability Determination Services need to be able to access all your records for a thorough review and accurate determination of your condition. To do this, definitive medical documentation is required.
A Florida Social Security lawyer will go with you to your local SSA office to make sure all your documentation is for Disability Determination Services to give a fair review. Your attorney can handle communications with the SSA representatives as well. When a case advances to the hearing level, a disability attorney can help you prepare for the hearing and represent you before the judge. There are several SSA offices located throughout the state of Florida.
US Social Security Administration
101 Commerce Street
Lake Mary, FL 32746
Monday, Tuesday, Thursday, Friday 9 a.m. – 4 p.m.; Wednesday, 9 a.m. – 12 p.m.
US Social Security Administration
11100 SW 211 Street
Miami, FL 33189
Monday, Tuesday, Thursday, Friday 9 a.m. – 4 p.m.; Wednesday, 9 a.m. – 12 p.m.
US Social Security Administration
801 Clematis Street #2
West Palm Beach, FL 33401
Monday, Tuesday, Thursday, Friday 9 a.m. – 4 p.m.; Wednesday, 9 a.m. – 12 p.m.
If you are unable to work, talk with a Florida disability attorney today so you can get your claim on track. There is a Free Case Evaluation Form on this page. Just complete that form so your details can be shared with a Social Security attorney.
