APPEALING A DISABILITY DENIAL IN FLORIDA



Should you appeal a disability denial in Florida?



 
Should you appeal a disability denial? It's a valid question. Individuals who have been involved in the disability system for quite a long time, either as claims examiners, SSA claims reps, and attorney and non attorney claimant's representatives, might be tempted to handle this question in a brusqe manner. However, what many disability insiders sometimes lose sight of is the fact that for every claimant who has initiated their first disability claim, the system is not only complex and hazy, but entirely new to them.

So, to answer the question, should you appeal a disability denial?, the answer is: yes, in almost all cases you should definitely file an appeal. And here's why.

If you choose not to file an appeal following a disability denial, you will (assuming you wish to further pursue your Social Security Disability or SSI claim) be forced to apply again, that is, file a brand new application. This is, in almost all cases, a mistake since a new SSD or SSI disability application will simply be sent back to the same agency that issued the prior denial.

In most states, this agency, which handles medical determinations for the social security administration, is known as DDS, or disability determination services. And the individuals who work on disability cases there are known as examiners. By filing a new claim following the receipt of a denial, your application will be sent to DDS again, probably to a different examiner, but the decision you receive will very likely be the same: a denial.

Amazingly, many individuals choose to file brand new Social Security Disability and SSI disability claims over and over versus doing an appeal. And, predictably, their cases are turned down over and over (and over).

The best course of action following a denial on a claim is to appeal. Why? To ultimately get your case out of the hands of DDS (which has a culture of denying disability claims) and into the hands of an administrative law judge at a disability hearing. Statistically, more than 40% of individuals who go to disability hearings unrepresented win their claims.

This fact alone makes it obvious that a disability claimant who has gotten a prior denial should do an appeal. However, individuals who go to disability hearings with representation (in the form of an attorney or non attorney representative) have a greater than 60% chance of winning Social Security Disability or SSI disability benefits.

...But you can only get to a hearing if you follow the appeal process which, ultimately, will put your case in front of a judge. Should you file an appeal if your claim has been denied due to medical ineligibility? Yes, without a doubt.


About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.







Most popular topics on SSDRC.com

Social Security Disability in North Carolina

Common Mistakes to avoid after being denied for Disability

Tips to Prepare for Filing for Social Security Disability or SSI

Advice to Win SSD and SSI Benefit Claims

Social Security Disability SSI Questions

What is the difference between Social Security Disability and SSI?

How to get disability for depression

Getting disability for fibromyalgia

SSI disability for children with ADHD

What is the Application Process for Social Security Disability and SSI?

Social Security Disability SSI Exam tips

More Social Security Disability SSI Questions

What makes you eligible for Social Security Disability or SSI?










Tips and advice for Florida disability claims

Florida Disability Lawyer Advice for Social Security Disability Claims

Florida Social Security Disability Application tips

Tips and insight for getting disability in Florida

Tips for consultative medical exams for SSDI and SSI in Florida

Can I afford a Florida disability attorney or representative for my claim?




General questions about getting disability in Florida

How Much Can You get in Monthly Social Security Disability Benefits in Florida?

What if you receive a disability overpayment in Florida

Can you get permanent Social Security Disability in Florida?

If they review my disability in Florida, will I lose my benefits?

Do disabled children qualify for benefits in Florida?

Denied for Disability with Depression in Florida

Should you appeal a disability denial in Florida?




How long does disability take in Florida?

How Long Can You Receive Social Security Disability Benefits in Florida?

How long for a Social Security Disability Decision Letter in Florida?

How long does it take get a decision after a Florida Disability Hearing?

How Long Do you have to be disabled to Get Disability Benefits in Florida?




The disability decison process in Florida

Can you get disability benefits in Florida if you have never worked?

Will you be awarded disability in Florida if you are unable to return to your old job?

Who makes the disability decision in Florida?

Will I Be Evaluated For Both SSDI and SSI in Florida?

The Florida Disability awards determination process

What happens after a Social Security Disability claim gets taken in Florida?




Filing applications for disability in Florida

Applying in Florida, the criteria to qualify for Benefits

An application for disability in Florida will be time-consuming

Filing for disability in Florida is not easy

What are reasons to file for disability in Florida? When should you file for Disability Benefits in Florida?

Starting an application for disability in Florida

Applying for SSD in Florida - Disability Application Information




Disability Lawyers and Representation in Florida

Getting a disability lawyer in Florida

Representation on a Social Security Disability Claim in Florida

Do I need a Lawyer for My Florida Disability Hearing?

Social Security Disability Attorney Fee - What a Disability Lawyer in Florida can be Paid

How do Disability Lawyers in Florida get paid their fees?

Finding a lawyer for a Florida disability claim

Is the Disability Process Faster in Florida if you have a Lawyer?




Applying for SSI in Florida

Applying for SSI disability in Florida

Can you receive Social Security Disability and SSI in Florida?

Applying for SSI Disability for a Child in Florida




Doctors, medical records, and medical exams

Social Security Disability in Florida and What Your Medical Records Say

Will a Disability Attorney in Florida Help You Obtain Your Medical Records?

SSDI and SSI disability applications in Florida and Doctors

Social Security Administration Medical Exams in Florida




Disability hearings in Florida

How long will my case be at a Florida Social Security Hearing office before it is scheduled?

How long does it take to see a Florida disability judge?

Getting ready for a disability hearing in Florida




Disability denials in Florida

What if you are denied disability in Florida and do not get the notice?

If you are turned down and denied for disability in Florida

If your disability is denied in Florida, file an appeal quickly

Why did I get Denied on my Florida Disability Request for Reconsideration?




Disability appeals in Florida

If you are requesting an appeal in Florida

Social Security Disability and Appeal options in Florida

Do you have to appeal your Florida SSD Claim over and over?




Qualifying for disability in Florida

Will I Qualify For Disability Benefits in Florida?

Can I win my disability case in Florida?

What are my Chances of Qualifying for SSDI in Florida?

Will I get approved for disability in Florida if my doctor supports my claim?

If you are trying to win disability benefits in Florida

How Can I Win My Social Security Disability Case in Florida?